Human Rights Law and Counter Terrorism Strategies Dead, Detained or Stateless Routledge Research in Terrorism and the Law Series

In 2006, the United Nations urged Member States to ensure that counter terrorism policies guaranteed respect for human rights and the rule of law. This book demonstrates that, in many cases, counter terrorism policies relating to preventive detention, targeted killing and measures relating to returning foreign terrorist fighters have failed to respect human rights, and this encourages vulnerable people to be drawn towards supporting or committing acts of terrorism. Furthermore, in recent years, jurisprudence and public opinion in some countries have shifted from being at one stage more protective of human rights, to an acquiescence that some particularly draconian counter terrorism methods are necessary and acceptable. This book analyzes why this has happened, with a focus on the United States, United Kingdom, and Israel, and offers suggestions to address this issue. The work will be essential reading for students, academics and policy-makers working in the areas of human rights, humanitarian law, and counter terrorism.

PART I

1. Introduction

PART II: Preventive detention

2. The international framework on preventative detention

3. Domestic perspectives on preventative detention

PART III: Targeted killing

4. The international law framework on targeted killing

5. Domestic perspectives on targeted killing

PART IV: Tackling the problems of foreign fighters

6. The international law framework on foreign fighters

7. Domestic perspectives on foreign fighters

PART V

8. Conclusions

Diane Webber is a British Solicitor who earned her doctorate at Georgetown University Law Center in Washington D.C. after working in private practice in London focusing on criminal law, and employment and discrimination law. She lives in Washington, D.C., writing on national security law and human rights issues.