Human Rights and Non-discrimination in the 'War on Terror'
Format:Hardback
Publisher:Oxford University Press
Published:24th Jan '08
Currently unavailable, and unfortunately no date known when it will be back
In the post-September 11th era, liberal democracies face the question of whether, and if so to what extent, they should change the relationship between liberty and security. This book explores how three major liberal democratic states - the United States, the United Kingdom and Germany - have approached this challenge by analysing the human rights impacts of their anti-terrorism laws and practices. The analysis reveals that the most far-reaching restrictions of liberty have been imposed on minorities: foreign nationals and certain 'racial', ethnic and religious groups. This Disparate treatment raises complex issues concerning the human right to non-discrimination. Differential treatment on the basis of nationality, national origin, 'race' or religion is only compatible with the right to non-discrimination if there are objective and reasonable grounds for it. The author evaluates contemporary anti-terrorism efforts for their compliance with this requirement. Is there, in the context of the current 'war on terror', sufficient justification for applying powers of preventive detention or trial by special tribunal only to foreign nationals? Are law enforcement methods or immigration policies that single out people for special scrutiny based on their national origin, or their ethnic or religious appearance, a suitable and proportionate means of countering terrorism? The concluding part of the book argues that, in the long term, discriminatory anti-terrorism measures will have impacts beyond their original scope and fundamentally reshape ordinary legal regimes and law enforcement methods.
A reliable source of insightful information for students and advanced researchers in the field of international and human rights law. Further, it will be of interdisciplinary interest to international relations and politics scholars, as it explicitly addresses the international context of the anti-terrorism measures discussed. * Francesca Galli, The Cambridge Law Journal *
This is an important book written at a time when the creation of dualism between 'us', the ruling majority of the State authorities, and 'them', the minorities and/or non-nationals, has gained momentum and cultural conflicts are continually regressing the concept of the democratic state in a globalising society. * Legal Studies, Vol.29, No.1 *
...outstanding monograph, which combines rigorous empirical analysis of selected anti-terrorism laws with an excellent grasp of human rights law principles and a sophisticated theoretical framework. * Ben Saul, The Modern Law Review 72 (3) 2009 *
[A] magnificent piece of scholarly research, and one which stands head and shoulders above the majority of books on terrorism since 9/11. * Ben Saul, The Modern Law Review 72 (3) 2009 *
Human Rights and Non-Discrimination in the 'War on Terror' represents a worthy and thought-provoking exploration of the issue of direct discrimination in this context. It is likely to provoke further debate as to the human rights implications and genuinely non-discriminatory nature of the alternative it proposes-formal rules that are applicable to everyone...This book should be read by all those working in this field; it makes a very significant contribution to the current deabte in drawing attention to the issue of direct discrimination which has been neglected in much of the writing on this subject. * Helen Fenwick, Human Rights Law Review, 9, 2009 *
...insightful study...invaluable study * Toby King, European Commission *
- Winner of JOINT WINNER OF THE PAUL GUGGENHEIM PRIZE 2009.
ISBN: 9780199239801
Dimensions: 242mm x 163mm x 23mm
Weight: 617g
300 pages