Counter-Terrorism, Human Rights and the Rule of Law

Edited by Aniceto Masferrer, University of Valencia, Spain and Clive Walker, Professor Emeritus of Criminal Justice Studies, School of Law, University of Leeds, UK

'A deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more security powers. It carefully examines the boundaries between crime and thought, crime and war, the domestic and the international and the legal and the illegal-boundaries that were once seen as inviolate, but which have become blurred during the last turbulent decade.'--Kent Roach, University of Toronto, Canada'This edited book contains very informative, well-researched and well-argued chapters. It brings to the fore legal and conceptual issues that have preoccupied lawyers, academics and government officials since 9/11.'--Stéphane Lefebvre, Rutgers School of Criminal Justice

• Contents:PART I: CROSSING LEGAL BOUNDARIES IN CONCEPTUAL CATEGORIES1. Countering Terrorism and Crossing Legal BoundariesAniceto Masferrer and Clive Walker2. What does ‘Terrorism’ Mean?Mariona Llobet Anglí3. The Fragility of Fundamental Rights in the Origins of Modern Constitutionalism: Its Negative Impact in Protecting Human Rights in the ‘War on Terror’ EraAniceto Masferrer4. Myths and Misunderstandings About Security, Rights and Liberty in the United KingdomJon MoranPART II: CROSSING LEGAL BOUNDARIES FROM LIBERTY TO CRIME5. Terrorism as a Criminal OffenceManuel Cancio Meliá and Anneke Petzsche6. Freedom of Thought or ‘Thought-crimes’? Counter-terrorism and Freedom of ExpressionFrancesca Galli7. Terrorism and Crimes against Humanity: Interferences and Differences at the International Level and their Projection upon Spanish Domestic LawJon-Mirena Landa Gorostiza 8. Safety Interviews, Adverse Inferences and the Relationship between Terrorism and Ordinary Criminal LawShlomit WallersteinPART III: CROSSING LEGAL BOUNDARIES IN CRIMINAL JUSTICE SYSTEMS9. Critical Perspectives on the Evaluation of Counter-Terrorism Strategies: Counting Costs of the ‘War on Terror’ in AustraliaSusan Donkin and Simon Bronitt 10. The Right of Access to a Lawyer in Terrorist CasesBrice Dickson11. Erasing the Distinction between Anti-terrorist and Criminal Justice Measures in Ireland: Past and PresentDermot P.J. WalshPART IV: CROSSING LEGAL BOUNDARIES IN COUNTER-TERRORISM ORGANISATIONS12. Cross-border Law Enforcement in the Area of Counter-terrorism: Maintaining Human Rights in Transnational PolicingSaskia Hufnagel13. Detention in Extremis: Transferring Lessons from Counter-terrorism Policing to Military Detentions Clive Walker14. The Amplification and Melding of Counter-terrorism Agencies: From Security Services to Police and Back AgainClive Walker and Andrew StaniforthBibliography Index