Counter-Terrorism
International Law and Practice

The responses of governments and international institutions to terrorism raise some of the most controversial issues of the twenty-first century. In particular, attempts to balance the desire to achieve security with the safeguarding of human rights and other aspects of the rule of law have proved to be highly contentious. This book is unique, not only in terms of its multinational, multidisciplinary nature, but also due to its truly comprehensive approach. It reviews, and examines, the interrelationship between the four principal elements of the international rule of law framework (international human rights, humanitarian, criminal, and refugee/asylum law) within in which counter-terrorism responses should occur. It focuses primarily on some of the most pressing, emerging, and/or under-researched issues and tensions. These include policy choices associated with meeting security imperatives; the tensions between the criminal justice, or preventive, approach to counter-terrorism and the military approach; the identification of lacunae within existing legal frameworks; and tensions between executive, judicial, and legislative responses. These matters are examined at the national, regional, and international levels. The book addresses a wide spectrum of issues, including analysis of key legal principles; emergency and executive measures; radicalization; governmental and institutional impunity; classification, administration and treatment of battlefield detainees; the use of lethal force ; forms of, and treatment in, detention;non-refoulement; diplomatic assurances; interrogation versus torture; extraordinary rendition; discrimination; justice and reparations for victims of terrorist attacks and security responses; (mis)use of military courts, commissions, and immigration tribunals; judicial and institutional developed and emerging rule of law norms on terrorism; non-judicial oversight by means of democratic accountability; and the identification and analysis of best practices, including inter-regional judicial and other forms of cooperation, and developed practices for the handling and use of sensitive information. Drawing together an impressive spectrum of legal and non-legal, national and institutional, practitioner, policy, and academic expertise, this book is an essential and comprehensive reference work on counter-terrorism policy, practice, and law-making.

Foreword. Introduction. 1. Introduction. Part I: Counter-Terrorism And The Rule Of Law Framework. 2. The Rule of Law Framework and its Lacunae: Normative, Interpretative, and/or Policy Created?. 3. The United Nations and Counter-Terrorism: Multilateral and Executive Law-Making. 4. Counter-Terrorism and the Rule of Law: Issues of Judicial Control. 5. States' Obligations under International Refugee Law and Counter-Terrorism Responses. 6. Criminality and Terrorism. 7. Armed Conflict and Terrorism: There is a (Big) Difference. 8. Executive Power and the Use of the State of Emergency. 9. Impunity and the Emerging Patterns of International Justice. 10. Beyond Radicalization: Towards an Integrated Anti-Violence Rule of Law Strategy. Part II: Multi-Disciplinary Perspectives On The Rule Of Law In Action. 11. The Role of the Lawyer in Shaping Responses to the Security Imperative. 12. Counter-Terrorism Policy-Making from the Perspective of a Diplomat. 13. Counter-Terrorism Policing and the Rule of Law: The Best of Friends. 14. Intelligence and Counter-Terrorism: Toward a Human Rights and Accountability Framework?. 15. The Military and the Role of Law in Counter-Terrorism. 16. Fair Process and the Security Council: A Case for the Office of the Ombudsperson. Part III: Counter-Terrorism In Practice. 17. Classification, Administration, and Treatment of Battlefield Detainees. 18. Detention as a Response to Terrorism. 19. Treatment in Detention. 20. Torture, Interrogation, Counter-Terrorism, and the Rule of Law. 21. 'Extraordinary Rendition': a Challenge for the Rule of Law. 22. Reconciling National Security and Non-Refoulement: Exceptions, Exclusion, and Diplomatic Assurances. 23. Anti-Terrorism Laws, Terrorist Profiling, and the Right to Non-Discrimination. 24. Use of Lethal Force against Suspected Terrorists. Part IV: Judicial Responses. 25. The 'Push-Pull' of the Law of War: the Rule of Law and Military Commissions. 26. The Role of Military Courts in a Counter-Terrorism Framework: Trends in International Human Rights Jurisprudence and Practice. 27. Restricted Immigration Procedures in National Security Cases and the Rule of Law: an Uncomfortable Relationship. 28. Human Rights and the Fight against Terrorism: Some Comments on the Case Law of the European Court of Human Rights. 29. The Inter-American Court of Human Rights' Perspective on Terrorism. 30. The Role and Legal Framework of the Inter-American Commission on Human Rights in Securing Justice for Victims. 31. Reconciling the Protection of Human Rights and the Fight against Terrorism in Africa. 32. Terrorism and Counter-Terrorist Responses: The Role of International Criminal Jurisdictions. 33. Realizing the Right to Redress for Victims of Terrorist Attacks. Part V: Non-Judicial Responses. 34. Parliamentary Oversight of Counter-Terrorism Policies. 35. Strengthening Interstate Cooperation: The Eurojust Experience. 36. Criminal Justice Responses to Terrorism in Africa: The Role of the African Union and Sub-Regional Organizations. 37. Implementing Human Rights and Rule of Law Aspects of the UN Global Counter-Terrorism Strategy - the UNODC/TPB Experience. Conclusion. 38. Conclusion. Bibliography. Index.

Professor Nigel White is Professor of Public International Law, Nottingham University, UK, and is a leading expert in security and armed conflict, international institutional, peacekeeping, and arms control law. He has authored and edited a significant number of publications on these issues, most recently Democracy Goes to War: British Military Deployment under International Law (OUP, 2009); is the co-editor in chief of the Journal of Conflict and Security Law; and is the editor of the UK module of the International Law in the Domestic Courts database for the UK. Dr Katja Samuel is a barrister specializing in security and armed conflict, international human rights and criminal law. With military, practitioner, civil society , and academic experience, she focuses in particular on counter-terrorism matters; most recently co-edited Counter-Terrorism and International Law (Ashgate, 2011) with Nigel White; is currently authoring a monograph on The OIC, the UN and Counter-Terrorism Law-Making: Conflicting or Cooperative Legal Orders (Hart, 2012); and co-directs the current Rule of Law and Counter-Terrorism project together with Nigel White at Nottingham University, under the umbrella of a multinational, multidisciplinary initiative to strengthen the rule of law worldwide called the World Justice Project. Professor Ana María Salinas de Frías, Professor of Public International Law at Malága University, Spain has recently completed a two year secondment as Legal Advisor to the Directorate General of Legal Advice and Public International Law at the Council of Europe, including on anti-terrorism matters. She specializes in, and has published extensively on, human rights, European Community, and immigration matters.