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Human Rights and Non-Discrimination in the 'War on Terror'

Human Rights and Non-Discrimination in the 'War on Terror'

Author: Daniel Moeckli
Publisher: Oxford University Press
ISBN: 9780199239801
Published In: January 2008
Format: Hardback , 300 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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- Argues that discriminatory anti-terrorism measures will fundamentally reshape ordinary legal regimes
- 'Offers a unique comparative consideration of anti-terrorism measures adopted by different states
- Of interdisciplinary interest to international relations and politics scholars as it explicitly addresses the international context of the anti-terrorism measures discussed
- Provides a thorough examination of such contentious issues as military commission trials, racial profiling, and selective immigration policies
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.

Readership: Scholars and advanced students in the fields of human rights law, international law, international criminal law, public law, politics and international relations. A secondary readership exists in lawyers and researchers working for human rights NGOs and international organisations.
1: Introduction: Security and Liberty in an Age of (Counter-)Terrorism
I Concepts: Anti-terrorism Regimes and Non-discrimination
2: Anti-terrorism Regimes: Rationale and Scope
3: The Human Right to Non-Discrimination
II Distinctions Based on Citizenship Status
4: Executive Detention of Foreign Terrorist Suspects
5: Trial of Foreign Terrorist Suspects
III Distinctions Based on Country of Origin, or Nationality, Race, or Religion
6: Selective Enforcement of Immigration Laws
7: Selective Use of Police Powers
8: Conclusion: The Wider Impacts of Discriminatory Anti-terrorism Measures
Bibliography
Daniel Moeckli, Oberassistent in Public Law at the University of Zurich and Fellow of the University of Nottingham Human Rights Law Centre
"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

"<i>Human Rights and Non-Discrimination in the 'War on Terror'</i> 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