Counter-Terrorism Law and the Rule of Law Under Extreme Conditions: Theoretical Insights and the Experience of Israel

2016 ◽  
Author(s):  
Eli Salzberger
2008 ◽  
Vol 67 (1) ◽  
pp. 69-91 ◽  
Author(s):  
Arthur Chaskalson

There are two themes that recur in previous Sir David Williams lectures. First, that it is a considerable honour to be invited to give the lecture. Secondly, that it is a daunting task to do so in the presence of Sir David, particularly in a field in which he has expertise. Since that covers most of the law there is no escape from this dilemma. Let me then acknowledge the privilege of having been asked to give this year's lecture, and confess that it is with some trepidation that I do so. The subject, terrorism and human rights, is not exactly uncharted territory. When I looked into the internet for some guidance on what might be relevant to terrorism and human rights, the response to my Google search informed me that in .03 seconds 32,900,000 references had been found. This seemed to indicate that it was unlikely that I would be able to say anything that has not already been said. But there are some subjects that are of such importance that there is value in reminding ourselves of the issues that are at stake, and if necessary for that purpose, repeating what others have said. And it is with that in mind that I approach my chosen topic.


2020 ◽  
Vol 3 (1) ◽  
pp. 1-80
Author(s):  
Nikoletta Karaliota ◽  
Eliza Kompatsiari ◽  
Christos Lampakis ◽  
Maria Kaiafa-Gbandi

Abstract This study analyses the modern EU counter-terrorism trends, focusing on two parallel axes: (a) the repressive one, where new criminal offences related to terrorist activity (receiving training for terrorism, terrorist financing, travelling and facilitating travelling for the purpose of terrorism) have been instituted, and (b) the preventive one, where establishing a framework of provisions aiming to deter terrorist financing prevails. After critically evaluating EU’s interventions in both axes, the study concludes by noting a ‘paradigm shift’ between repression and prevention in the field of countering terrorism, while suggesting proposals on a transposition of Directive (EU) 2017/541 into national legislations that adheres to the fundamental EU law principles, and a preventive control over terrorist financing that abides by the rule of law.


Author(s):  
Adrian Guelke

The response of Western governments to the threat posed by mass-casualty terrorism has resulted in a widening gulf between their theory and practice of counter-terrorism and their proclaimed commitment to the maintenance of fundamental human rights. A shocking picture has emerged of wrongdoing perpetrated under the broad terms of counter-terrorist measures adopted since 9/11. This chapter seeks to explain this outcome, especially in the light of the episodic and limited nature of attacks by jihadis on Western societies since 2001. It also examines how President Barack Obama has grappled with the argument that some of the measures designed to protect the public from terrorism pose a threat to constitutional government and to the rule of law. It notes that his readiness to accept that such dangers do indeed exist has been exceptional among Western political leaders and that reliance on secrecy, misinformation, and denial has been the norm.


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