Part Three – Rules of Engagement: Beyond the Limits of the Law

Table of Contents

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