From Data Retention to Facial Recognition Technologies: Counter-Terrorism Implications for Human Rights and the Rule of Law

2021 ◽  
Author(s):  
Monika Zalnieriute
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Facial Recognition ◽  
Data Retention ◽  
The Rule Of Law ◽  
Counter Terrorism

THE WIDENING GYRE: COUNTER-TERRORISM, HUMAN RIGHTS AND THE RULE OF LAW

2008 ◽  
Vol 67 (1) ◽  
pp. 69-91 ◽  
Author(s):  
Arthur Chaskalson
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
The Internet ◽  
The Rule Of Law ◽  
Counter Terrorism ◽  
Daunting Task ◽  
The Subject ◽  
Google Search ◽  
Is Value ◽  
Do So

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.

Secrets and Lies

2015 ◽  
Author(s):  
Adrian Guelke
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Barack Obama ◽  
Mass Casualty ◽  
Theory And Practice ◽  
Political Leaders ◽  
The Rule Of Law ◽  
The Public ◽  
Counter Terrorism ◽  
Constitutional Government

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.

scholarly journals EU Counter-terrorism Law: What Kind of Exemplar of Transnational Law?

2019 ◽  
Vol 21 ◽  
pp. 217-242
Author(s):  
Cian C. MURPHY
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
Global Impact ◽  
Counter Terrorism ◽  
Transnational Law ◽  
The Law ◽  
Law Making ◽  
The Eu

AbstractThis article examines counter-terrorism efforts in the EU as it matures as a field of law. It sets out three critiques of EU counter-terrorism law: that of ineffectiveness, of anti-constitutionalism, and of contrariness to human rights and the rule of law. It considers these critiques in light of the development of policies and legal initiatives—against foreign terrorist fighters and against radicalisation. It concludes that there are both persistent problems, and some improvements, in the law. The EU's capacity to meet the challenges posed by terrorism and the counter-terrorism imperative, and how it does so, has global impact. The article concludes with an argument for better law-making in the EU to ensure it serves as a better exemplar of transnational law.

scholarly journals Preventive counter-terrorism and non-discrimination assessment in the European Union

2011 ◽  
Vol 22 (2) ◽  
pp. 89-101 ◽  
Author(s):  
Quirine Eijkman
Keyword(s):  
European Union ◽  
Human Rights ◽  
The Netherlands ◽  
Rule Of Law ◽  
Terrorist Attacks ◽  
The European Union ◽  
Religious Minorities ◽  
The Rule Of Law ◽  
Counter Terrorism ◽  
The United Kingdom

AbstractAs a result of the 9/11 terrorist attacks and the bombings in Madrid and London, a prevention-focused counter-terrorism approach has developed across the European Union. Preventive counter-terrorism is appealing because it implies interventions that remove the ability or, better still, the motivation of potential terrorists to carry out their lethal designs. Member states such as the United Kingdom and the Netherlands that primarily have experience in addressing 'home-grown' terrorism, have developed preventive counter-terrorism measures in response. Even though the majority of these laws, regulations and policies recognize the importance of the rule of law and human rights, it remains relevant to examine whether in theory and in practice particular measures have had disproportionate effects on ethnic and religious minorities and thereby violate non-discrimination standards.

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