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Using Human Rights to Counter Terrorism

Edited by Manfred Nowak, Professor of International Human Rights, Vienna University, Austria and Secretary General of the European Inter-University Centre for Human Rights and Democratisation, Venice, Italy and Anne Charbord, International Human Rights Lawyer, specializing in counter-terrorism, Paris, France
While providing a substantive legal analysis of the links between human rights and counter-terrorism, this book provides the tools to successfully argue that a human rights approach does not undermine the fight against terrorism. Through practical examples, it shows that a State’s lack of respect for human rights hinders its fight against terrorism and can be counter-productive. The contributing experts represent a wide breadth of experience at the national and international levels, and bring their unique approach to each cross-cutting topic.
Extent: 384 pp
Hardback Price: $165.00 Web: $148.50
Publication Date: 2018
ISBN: 978 1 78471 526 7
Availability: In Stock
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  • Law - Academic
  • Human Rights
  • Terrorism and Security Law
  • Politics and Public Policy
  • Human Rights
  • Terrorism and Security
Using Human Rights to Counter Terrorism uses practical examples to argue that a State’s lack of respect for human rights is counter-productive and hinders its fight against terrorism. Through analysing legislative developments since 2001, this book examines how and why many counter terrorism measures have so far been unsuccessful; arguing that longer term, a human rights-centric approach is required.

The book’s expert contributors have a wide breadth of experience at a national and international level. They have worked with institutions such as national intelligence agencies, the UN Security Council, the UN Human Rights Council as well as a number of UN bodies specializing in Human Rights and Terrorism.

Various counter terrorism measures, including mass digital surveillance, the use of drones, and the use of torture are examined. The impact of counter terrorism measures on migration, civil society, and the delivery of humanitarian assistance are assessed. The chapters serve to show that a lack of accountability for human rights violations in these areas can be conducive to an increase in terrorist activity.

Those working within State authorities, international and non-governmental organizations will find the arguments presented in this work compelling. Legal practitioners working in the security and human rights sectors will also find this book a useful source of evidence to support human rights countering the challenges of terrorism.
‘This excellent book edited by Manfred Nowak and Anne
Charbord tackles the interplay between human rights and counter-terrorism in a comprehensive, digestible, and convincing fashion. The authors navigate the intricate complexities of the interplay between human rights and counter-terrorism with great skill. They are unanimous in their assessment that respect for human rights is a prerequisite for long-term success in countering terrorism.’
– Tarik Gherbaoui, European Journal of Legal Studies

‘One often hears calls not to see anti-terrorism measures and the pursuit of human rights necessarily as opposites, but in many cases as complementary activities. This book offers a welcome exploration of this idea in a wide range of contexts, by experts on the practical as well as the conceptual level. This is a timely and important book with a significant contribution to make towards ensuring survival of people and of the human rights project.’
– Christof Heyns, University of Pretoria, South Africa and Member of the UN Human Rights Committee; Special Rapporteur on extrajudicial, summary or arbitrary executions (2010-2016)

Contributors: R. Barrett, A. Charbord, B. Emmerson, U. Garms, L. Ginsborg, F. Ní Aoláin, M. Nowak, L.N. Oldring, T. Parker, M. Scheinin













Contents:

Introduction
Manfred Nowak and Anne Charbord

1. Key trends in the fight against terrorism and key aspects of international human rights law
Manfred Nowak and Anne Charbord

2. Impact of post-9/11 counter-terrorism measures on all human rights
Martin Scheinin

3. New counter-terrorism measures: Continuing challenges for human rights
Ben Emmerson QC

4. The complexity and challenges of addressing the conditions conducive to terrorism
Fionnuala Ní Aoláin

5. One step forward, two steps back: The Security Council, ‘Foreign Terrorist Fighters’, and human rights
Lisa Ginsborg

6. Acting ethically in the shadows: Intelligence gathering and human rights
Richard Barrett and Tom Parker

7. The preventive criminal justice strategy against terrorism and its human rights implications
Ulrich Garms

8. Questions of accountability in countering terrorism
Lisa N. Oldring

Index