Fresh Perspectives on the ‘War on Terror’
Table of Contents
- Acknowledgements
- Contributors
- Table of Cases
- Table of Statutes
- Table of International Instruments
- Chapter 1. Introduction: Letters from the Front
- Part One. Identifying the Threat and Choosing the Weapons
-
- Chapter 2. Islam and the Politics of Terrorism: Aspects of the British
Experience
-
- Introduction
- The British Government’s Approach
- Islamism’s Place in Political Islam and its Relationship to
Violence
- Islamist Politics and ‘The West’
- Creating a Space where Islam can Define Itself
- A Humanist Response to the Authoritarianism of Terrorism
- Chapter 3. Another Modest Proposal: In Defence of the Prohibition against
Torture
-
- Introduction
- Torture in Theory
- Torture in Practice
- Defending It
- Opposing it
- Chapter 4. Protecting Constitutionalism in Treacherous Times:Why ‘Rights’
Don’t Matter
-
- Introduction
- Bird’s Eye View: Anti-Terrorism Law and the Principle of
Legality
- Rights Don’t Matter
-
- Paper Tiger
- Trojan Horse
- Narcotic Effect
- Part Two. Preparing the Ground: Balance, Proportionality, and Public Perceptions
-
- Chapter 5. Balancing Security and Liberty: Critical Perspectives on Terrorism
Law Reform
-
- Introduction: The Balancing Model
- The Critique of Balancing
- The Making of Terrorism Law:Uncivil Politics of Law
Reform
- Preventative, Pre-emptive and Precautionary Models of
Counter-Terrorism Law
- Conclusion
- Chapter 6. Lay Perceptions of Terrorist Acts and Counter‑Terrorism
Responses
-
- Introduction
- Exceptionalism and Siege Mentality
- Use of ‘Motive’ in the Definition of Australian Terrorist Act
Offences
- The Empirical Research
-
- Design
- Adapting Bar-Tal’s Siege Mentality Scale
- Participants and Data Collection
- Materials/Procedure
- Results
- Conclusions
- Chapter 7. The Proportionality Principle in the Context of Anti‑Terrorism
Laws
-
- Introduction
- The Proportionality Principle in the Context of Derogation from the
European Convention of Human Rights
- Justifications for the Margin of Appreciation
- Critique of the Justifications for the Margin of
Appreciation
- The Question of Proportionality and the Belmarsh
Detainees Decision
- The Majority Approach to the Threat of Terrorism
- The Dissentient Approach to the Threat of Terrorism
- Conclusion
- Part Three. Rules of Engagement: Beyond the Limits of the Law
-
- Chapter 8. More Law or Less Law? The Resilience of Human Rights Law and
Institutions in the ‘War on Terror’
-
- Introduction
- Counter-Terrorism Strategies and Human Rights Responses: An
Overview
- Regulating Terrorism through International
Law
- Regulating Terrorism Despite Law and While
Engaging with Human Rights Law
-
- United Nations Working Group on Arbitrary Detention
- The Applicability of International Human Rights Law in Situations
of Armed Conflict
- Resistance to the Extraterritorial Applicability of Human Rights
Norms
- Regulating Terrorism outside International
Law
- Conclusion
- Chapter 9. Black Holes, White Holes and Worm Holes: Pre‑emptive Detention in
the ‘War on Terror’
-
- I. Introduction
- II. The Black Hole of Guantánamo Bay
-
- A. Staring into the Abyss? Confronting Jurisdictional Limits
before US Courts
- B. Exposing the Black Hole to the Light of Human Rights: the US
Confronts the UN Human Rights System
- C. The Terrorists Unmasked
- III. A Black Hole or a White Hole: Does Belmarsh Prison have Only
Three Walls?
-
- A. The Belmarsh Detainees: Caught between Liberty and
Torture
- B. Great Britain: Caught between Life and Torture?
- IV. A Parallel Universe — Preventative Detention Down-Under
-
- A. The Legislative Scheme for Preventative Detention
Orders
- B. Enter the Worm Hole: Is this Executive-controlled Detention
Legal?
- C. Liberty or Security of the
Person?
- V. Conclusion
- Chapter 10. Forgiving Terrorism: Trading Justice for Peace, or Imperiling the
Peace?
-
- Introduction
- The Lawfulness of Amnesties for International Crimes
- Amnesties and International Policy Considerations
- Conditions of the Legitimacy of Amnesties
- Amnesties for Terrorism: Special Considerations?
- Amnesties for Terrorism: a Role for the Security Council
- Amnesties for Terrorism: the Role of Prosecutorial
Discretion
- Conclusion
- Part Four. Reports from Two Theatres of War: Legislation, Sanctions and Prosecutions in Europe
and Australia
-
- Chapter 11. The European Union as a Collective Actor in the Fight against
Post-9/11 Terrorism
-
- Introduction
- The European Union’s Response: an Evolving Threat Definition and
Multidimensional Action
-
- The Evolution of the Threat Definition: ‘Internalisation’ and
Differentiation
- The Terrorist Threat as a Multidimensional Law Enforcement
Challenge
- The Combination of Legislative and Operational Measures
- The Combination of Internal and External Measures
- The Combination of Repressive and Preventative Measures
- The Strengthening of European Union Institutional
Capacity
- The Limitations of and Problems with the European Union’s
Response
-
- A Response Based on Cooperation Rather than Integration
- The Implementation Deficit
- The Legitimacy Deficit and Fundamental Rights Protection
Issues
- Conclusion
- Chapter 12. The European Union, Counter‑Terrorism Sanctions against Individuals
and Human Rights Protection
-
- I. Introduction
- II. Enforcing United Nations Counter-Terrorism Sanctions in the
European Community/European Union System
- III. Challenging the European Union Sanctions before the Court of
First Instance/European Court of Justice
-
- A. The Court’s Jurisdiction, the Primacy of the United Nations
Legal Order and the Role of Jus Cogens in the
Protection of Human Rights
- B. Assessing the Alleged Human Rights Violations: Inconsistencies
in the Jus Cogens Test
- C. A ‘Right’ to Diplomatic Protection under European Union Law
and its Enforcement
- D. New Developments for European Community/European Union
Sanctions Adopted Pursuant to Security Council Resolution 1373
(2001)
- IV. Concluding Remarks
- Chapter 13. How Does it End? Reflections on Completed Prosecutions under
Australia’s Anti‑Terrorism Legislation
-
- Introduction
- I. Brief Overview of Part 5.3
-
- A. Terrorist Act Offences
- B. Definition of Terrorist Act
- C. Terrorist Organisation Offences
- D. Definition of Terrorist Organisation
- E. Financing Terrorism Offences
- II. The Cases of Zak Mallah, Jack Thomas and Faheem Lodhi
-
- A. Zak Mallah
- B. Jack Thomas
- C. Faheem Lodhi
- III. Conclusion
- Chapter 14. Executive Proscription of Terrorist Organisations in
Australia
-
- Introduction
- I. Executive Proscription: Background to the Legislation
- II. Listing Terrorist Organisations
-
- A. Concept of a ‘Terrorist Act’
- B. Criteria for Listing a Terrorist Organisation
- C. What is an ‘Organisation’?
- D. Listing Procedure
- E. Terrorist Organisation Offences
- III. The Listing Provisions in Action
-
- A. Listed Organisations
- B. Reviews of the Parliamentary Joint Committee on Intelligence
and Security
- IV. The Impact of the Listing Provisions
-
- A. Enforcement
- B. Refugee and Immigration Law
- C. Putting Australia’s Criminal Laws at the Disposal of Foreign
Governments
- V. Crime and Politics: the Antimonies of Executive
Proscription
- VI. Conclusion
- Part Five. Calling a Halt: The Role of Bills of Rights
-
- Chapter 15. The United Kingdom Human Rights Act and the Terrorist
Threat
-
- Introduction
- The Lessons of History
- The Terrorism Act 2000 and the Post-9/11
Legislation
-
- The Belmarsh Decision and Detention without
Trial
- Circumventing Belmarsh — Control Orders and
Detention Pending Deportation
- The Partial Malfunctioning of the Control Order and Deportation
Strategy
- The Other Problematic Dimensions of the Counter-Terrorism
Legislation: The Definition of ‘Terrorism’, Stop and Search Powers and
Ninety-Day Detention
- The Siren Song of Necessity: Why the UK Government is Addicted to
Devising More and More Emergency Counter-Terrorist Powers
- The Damaging Impact of Counter-Terrorism Powers
- ‘Dampening’: How Legal Mechanisms Can Offer a Partial Respite from
the Counter-Terrorism Cycle
- The Inevitable Limits of Parliamentary Control over
Counter‑Terrorism Powers
- The Independent Reviewer
- The Potential of Human Rights
- The Dampening Effect of Human Rights Norms
- Conclusion
- Chapter 16. The ACT Human Rights Act 2004 and the Commonwealth
Anti-Terrorism Act (No 2) 2005
-
- Introduction
- Federalism, Diffusion of Power and Protection of Human
Rights
- The ACT Human Rights Act 2004
- The New Measures
-
- The Federal Anti-Terrorism Legislation
- The ACT Legislation
- Did the Human Rights Act 2004 (ACT) Make a
Difference?
- Assessment
- Bibliography
- Acronyms and Abbreviations
- Index