Counter-Terrorism International Law and Practice

The response of governments to terrorism is one of the most controversial issues of the twenty-first century. Balancing the desire to achieve security with the safeguarding of human rights has proved to be highly contentious. This book analyses the international rule of law framework in which counter-terrorism responses occur, namely those of international human rights, humanitarian, criminal, and refugee law. It focuses on some of the most pressing, emerging and/or under-researched issues and tensions, including: the policy choices associated with meeting security imperatives; the tensions between the criminal justice approach to counter-terrorism and the military approach; the identification of lacunae within existing legal frameworks; and tensions between executive, judicial, and legislative responses. It addresses a wide range of issues, such as: an analysis of key legal principles; emergency and executive measures; radicalization; governmental impunity; classification, administration and treatment of battlefield detainees; extrajudicial and targeted killings; forms of, and treatment in, detention; non-refoulement; diplomatic assurances; interrogation versus torture; extraordinary rendition; discrimination; reparations for victims of terrorist attacks and security responses; (mis)use of military and immigration tribunals; judicial and institutional developed and emerging rule of law norms on terrorism; non-judicial oversight by means of democratic accountability; significance of rule of law principles to non-legal counter-terrorist policy; and the identification and analysis of best practices. Drawing together an impressive spectrum of legal and non-legal, national and institutional, practitioner, policy and academic expertise, this book is an unmissable reference work on all aspects of counter-terrorism policy.

Ana-Maria Salinas de Frias is Professor of Public International Law at Malaga University, Spain. She 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.

Katja Samuel is a barrister specializing in security and armed conflict, international human rights and criminal law. With military, practitioner, NGO, and academic experience, she focuses in particular on counter-terrorism matters; and co-directs the current Rule of Law and Terrorism project together with Nigel White under the umbrella of the World Justice Project.

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 Oxford Reports on International Law online module International Law in the Domestic Courts for the UK.

Counter-Terrorism and the Rule of Law Framework
Introduction, Nigel White/Nottingham University, Ana-Maria Salinas de Frias/ Malaga University, Spain, Katja Samuel/ Nottingham University
The Rule of Law Framework and its Lacunae: Normative, Interpretative, and/or Political?, Katja Samuel/ Nottingham University
Terrorism, Security, and International Law, Nigel White/Nottingham University
Counter-Terrorism and the Rule of Law: Issues of Judicial Control, Allan Rosas/ European Court of Justice
Counter-Terrorism Responses and Obligations under Asylum and Refugee Law, Ana-Maria Salinas de Frias/ Malaga University, Spain
Criminality and Terrorism, Ben Saul/Sydney University, Australia
Armed Conflict and Terrorism: There is a (Big) Difference, Jelena Pejic/International Committee of the Red Cross
Executive Power and the Use of the State of Emergency, Cesar Landa Arroyo/ Judge of the Constitutional Court of Peru, and Professor at the Pontificia Universidad Catolica of Peru
Impunity and the Emerging Patterns of International Justice, Tassaduq Hussein Jillani/Supreme Court of Pakistan
Beyond Radicalization: Towards an Integrated Anti-Violence Rule of Law Strategy, Colm Campbell/Transitional Justice Institute, Ulster University
Perspectives on the Rule of Law in Action
The Role of the Lawyer in Shaping Responses to the Security Imperative, Hans Corell/ formerly Under-Secretary-General for Legal Affairs and the Legal Counsel of the United Nations
Counter-Terrorism Policy-Making from the Perspective of a Diplomat, Fernando Perpina-Robert/ formerly Club of Madrid, Spain
Counter-Terrorism Policing and the Rule of Law: The Best of Friends, Keith Weston/Cranfield University
Ten Years On: Intelligence Accountability and Counter-Terrorism, Gerald Staberock/OMCT (World Organisation against Torture), Geneva
The Military and the Role of Law in Counter-Terrorism, Thomas R Mockaitis, Charles Tucker, Jr and Augustus Invictus/ De Paul's University, USA
Fair Process and the Security Council: A Case for the Office of the Ombudsperson, Kim Prost/ Office of the Ombudsman to the UN Security Council 1267 Sanctions Committee (Taliban/Al Qaida)
Counter-Terrorism in Practice
Classification, Administration, and Treatment of Battlefield Detainees, David Turns/Cranfield University
Treatment in Detention, Silvia Casale/ adviser to Council of Europe's National Preventive Mechanism against Torture
Detention as a Response to Terrorism, Nigel Rodley/ Chair of the Human Rights Centre, University of Essex; Vice-Chair of the UN Human Rights Committee
Torture, Interrogation, Counter-Terrorism, and the Rule of Law, Richard Pregent/ US Army
Extraordinary Rendition, Helen Duffy and Steve Kostas/ Interights
Reconciling National Security and Non-Refoulement: Exceptions, Exclusion, and Diplomatic Assurances, Kees Wouters/UN High Commissioner for Refugees
Anti-Terrorism Laws, Terrorist Profiling, and the Right to Non-Discrimination, Daniel Moeckli/Zurich University, Switzerland
Use of Lethal Force against Suspected Terrorists, David Kretzmer/Hebrew University, Jerusalem
Judicial Responses
The 'Push-Pull' of the Law of War: the Rule of Law and Military Commissions, Chris Kannady/US Marine Corps; Michel Paradis/ Georgetown University Law School, Washington DC, US Department of Defense Office of Military Commissions; and Peter Masciola/US Air Force-Air National Guard reserves
The Role of Military Courts in a Counter-Terrorism Framework: Trends in International Human Rights Jurisprudence and Practice, Claudia Martin/American University, Washington DC
The Inter-American Court of Human Rights' Perspective on Terrorism, Sergio Garcia Ramirez/formerly Judge if the Inter-American Court of Human Rights, now Professor at the Instituto de Investigaciones Juridicas of the Universidad Autonoma of Mexico
Reconciling the Protection of Human Rights and the Fight against Terrorism in Africa, Ibrahima Kane/ Open Society Initiative for East Africa
International Courts and Tribunals, Rod Rastan/ International Criminal Court (Office of the Prosecutor); Olympia Bekou/ Nottingham University
Non-Judicial Responses
Realizing the Right to Redress for Victims of Terrorist Attacks, Ilaria Bottigliero/International Development Law Organization, Rome
Parliamentary Oversight of Counter-Terrorism Policies, Jarmo Oikarinen/EU Parliament
Strengthening Interstate Cooperation: The Eurojust Experience, Michele Coninsx/Eurojust
Criminal Justice Responses to Terrorism in Africa: The role of the African Union and Sub-Regional Organizations, Anton du Plessis and Martin Ewi/ Institute for Security Studies, South Africa
Implementing Human Rights and Rule of Law Aspects of the UN Global Counter-Terrorism Strategy - the UNODC/TPB Experience, Nicole el-Khoury/UN Office of Drugs and Crime, Vienna
Conclusion, Nigel White/Nottingham University, Ana-Maria Salinas de Frias/ Malaga University, Spain, Katja Samuel/ Nottingham University