In this book, it is explained that despite a current drop in the number of deaths, terrorism should still be considered a serious and widespread problem. However, the responses to this phenomenon are often more problematic from a long-term perspective. With the human rights framework under serious pressure, this edited volume offers a timely, important and critical in-depth analysis of human dignity and human security challenges in the lead up, and in the responses, to current forms of terrorism. It aims to map how human dignity and human security can be secured and how law can constitute a source of trust at a time when Europe and the rest of the world continue to be plagued by terrorism. The authors are both established names and upcoming talent in this fast-changing and exciting field of law. They thoroughly analyse a variety of topical subjects, in more conceptual chapters—for example calling for the humanisation of the security discourse—and in highly practical contributions, in which for instance the Kafkaesque situation in which rendition and torture victim Abu Zubaydah still finds himself today is considered. This book, which focuses on, but is not limited to the situation in Western countries, aims to inspire not only academics—through further theorisation on the sometimes elusive but important concepts of human dignity and human security—but also practitioners working in the field of countering terrorism. It will hopefully convince them (even more) that following a human rights approach will be indispensable in securing human dignity and human security for all. Even—or in fact: especially—in times of terrorism.

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Human dignity, human security, terrorism and counter-terrorism

490169_1_En_Print.indd

Paulussen, Christophe; Scheinin, Martin

0009172

T.M.C. Asser Press : Imprint: T.M.C. Asser Press

Stichting T.M.C. Asser Instituut

Google

United States, United States of America

Springer Nature, The Hague, 2020

Netherlands, Netherlands

1st ed. 2020, US, 2020

1st ed. 2020, 2019

0

lg2447758

producers:
Acrobat Distiller 10.0.0 (Windows)

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In This Book, It Is Explained That Despite A Current Drop In The Number Of Deaths, Terrorism Should Still Be Considered A Serious And Widespread Problem. However, The Responses To This Phenomenon Are Often More Problematic From A Long-term Perspective. With The Human Rights Framework Under Serious Pressure, This Edited Volume Offers A Timely, Important And Critical In-depth Analysis Of Human Dignity And Human Security Challenges In The Lead-up, And In The Responses, To Current Forms Of Terrorism. It Aims To Map How Human Dignity And Human Security Can Be Secured And How Law Can Constitute A Source Of Trust At A Time When Europe And The Rest Of The World Continue To Be Plagued By Terrorism. The Authors Are Both Established Names And Upcoming Talent In This Fast Changing And Exciting Field Of Law. They Thoroughly Analyse A Variety Of Topical Subjects, In More Conceptual Chapters-for Example Calling For The Humanisation Of The Security Discourse-and In Highly Practical Contributions, In Which For Instance The Kafkaesque Situation In Which Rendition And Torture Victim Abu Zubaydah Still Finds Himself Today Is Considered. This Book, Which Focuses On, But Is Not Limited To The Situation In Western Countries, Aims To Inspire Not Only Academics-through Further Theorisation On The Sometimes Elusive But Important Concepts Of Human Dignity And Human Security, But Also Practitioners Working In The Field Of Countering Terrorism. It Will Hopefully Convince Them (even More) That Following A Human Rights Approach Will Be Indispensable In Securing Human Dignity And Human Security For All. Even-or In Fact: Especially-in Times Of Terrorism. Christophe Paulussen Is A Senior Researcher In The Research Department Of The T.m.c. Asser Instituut In The Hague, The Netherlands And Martin Scheinin Is Professor Of International Law And Human Rights In The Department Of Law Of The European University Institute (eui) In Florence, Italy-- Human Dignity, Human Security, Terrorism And Counter-terrorism -- Restoring Trust In The Rule Of Law -- Exporting Human Security In The Cause Of Counter Terrorism -- Dignity Denied: A Case Study -- Human Security Versus National Security In Anti-terrorist Operations: Whose Security Does The Margin Of Appreciation Serve? -- Remedying Violations Of Human Dignity And Security: State Accountability For Counterterrorism Intelligence Cooperation -- Stripped Of Citizenship, Stripped Of Dignity? A Critical Exploration Of Nationality Deprivation As A Counter-terrorism Measure -- 'killing Rats In The Street' For The Paramount Human Right Of Security: The Law And Policy Of China's People's War On Terror -- Framing Foreign Fighting: Exploring The Scope Of Prevention And The Categorisation Of Fighters In International Law -- Criminalising Foreign Fighter Travel In Order To Prevent Terrorism In Europe: An Illegitimate Assault On Human Dignity? -- Incitement To Terrorism: The Nexus Between Causality And Intent And The Question Of Legitimacy: A Case Study Of The European Union, Belgium And The United Kingdom -- Humiliation Of Terrorism Victims: Is Human Dignity Becoming A 'national Security Tool'? -- The Normalisation Of Secrecy In The United Kingdom And The Netherlands: Individuals, The Courts And The Counter-terrorism Framework. Christophe Paulussen, Martin Scheinin, Editors. Includes Bibliographical References And Index.

Front Matter ....Pages i-xvi
Front Matter ....Pages 1-1
Introduction (Christophe Paulussen, Martin Scheinin)....Pages 3-11
Human Dignity, Human Security, Terrorism and Counter-Terrorism (Martin Scheinin)....Pages 13-25
Restoring Trust in the Rule of Law (Ernst Hirsch Ballin)....Pages 27-32
Front Matter ....Pages 33-33
Exporting Human Security in the Cause of Counter-Terrorism (Clive Walker)....Pages 35-65
Dignity Denied: A Case Study (Helen Duffy)....Pages 67-96
Human Security Versus National Security in Anti-Terrorist Operations: Whose Security Does the Margin of Appreciation Serve? (Sofia Galani)....Pages 97-121
Remedying Violations of Human Dignity and Security: State Accountability for Counterterrorism Intelligence Cooperation (Sophie Duroy)....Pages 123-151
Stripped of Citizenship, Stripped of Dignity? A Critical Exploration of Nationality Deprivation as a Counter-Terrorism Measure (Sangita Jaghai, Laura van Waas)....Pages 153-179
‘Killing Rats in the Street’ for the Paramount Human Right of Security: The Law and Policy of China’s People’s War on Terror (Daniel Sprick)....Pages 181-205
Framing Foreign Fighting: Exploring the Scope of Prevention and the Categorisation of Fighters in International Law (Marnie Lloydd)....Pages 207-238
Front Matter ....Pages 239-239
Criminalising Foreign Fighter Travel in Order to Prevent Terrorism in Europe: An Illegitimate Assault on Human Dignity? (Tarik Gherbaoui)....Pages 241-267
Incitement to Terrorism: The Nexus Between Causality and Intent and the Question of Legitimacy—A Case Study of the European Union, Belgium and the United Kingdom (Stéphanie De Coensel)....Pages 269-298
Humiliation of Terrorism Victims: Is Human Dignity Becoming a ‘National Security Tool’? (Arianna Vedaschi)....Pages 299-331
The Normalisation of Secrecy in the United Kingdom and the Netherlands: Individuals, the Courts and the Counter-Terrorism Framework (Rumyana van Ark (née Grozdanova), Charlotte Renckens)....Pages 333-365
Back Matter ....Pages 367-371

In this book, it is explained that despite a current drop in the number of deaths, terrorism should still be considered a serious and widespread problem. However, the responses to this phenomenon are often more problematic from a long-term perspective. With the human rights framework under serious pressure, this edited volume offers a timely, important and critical in-depth analysis of human dignity and human security challenges in the lead-up, and in the responses, to current forms of terrorism. It aims to map how human dignity and human security can be secured and how law can constitute a source of trust at a time when Europe and the rest of the world continue to be plagued by terrorism.
The authors are both established names and upcoming talent in this fastchanging and exciting field of law. They thoroughly analyse a variety of topical subjects, in more conceptual chapters—for example calling for the humanisation of the security discourse—and in highly practical contributions, in which for instance the Kafkaesque situation in which rendition and torture victim Abu Zubaydah still finds himself today is considered.
This book, which focuses on, but is not limited to the situation in Western countries, aims to inspire not only academics—through further theorisation on the sometimes elusive but important concepts of human dignity and human security—but also practitioners working in the field of countering terrorism. It will hopefully convince them (even more) that following a human rights approach will be indispensable in securing human dignity and human security for all. Even—or in fact: especially —in times of terrorism.
Christophe Paulussen is a Senior Researcher in the Research Department of the T.M.C. Asser Instituut in The Hague, The Netherlands and Martin Scheinin is Professor of International Law and Human Rights in the Department of Law of the European University Institute (EUI) in Florence, Italy.

-- Part I. Setting the (Conceptual) Scene. -- Chapter 1. Introduction. -- Chapter 2. Human Dignity, Human Security, Terrorism and Counter-Terrorism. -- Chapter 3. Restoring Trust in the Rule of Law.- Part II. Actors, Operations and Measures. -- Chapter 4. Exporting Human Security in the Cause of Counter Terrorism. -- Chapter 5. Dignity Denied: A Case Study. -- Chapter 6. Human Security versus National Security in Anti-Terrorist Operations: Whose Security Does the Margin of Appreciation Serve?. -- Chapter 7. Remedying Violations of Human Dignity and Security: State Accountability for Counterterrorism Intelligence Cooperation. -- Chapter 8. Stripped of Citizenship, Stripped of Dignity? A Critical Exploration of Nationality Deprivation as a Counter-Terrorism Measure. -- Chapter 9. 'Killing Rats in the Street' for the Paramount Human Right of Security: The Law and Policy of China's People's War on Terror. -- Chapter 10. Framing Foreign Fighting: Exploring the Scope of Prevention and the Categorisation of Fighters in International Law. -- Part III. Criminal Justice Context. -- Chapter 11. Criminalising Foreign Fighter Travel in Order to Prevent Terrorism in Europe: An Illegitimate Assault on Human Dignity?. -- Chapter 12. Incitement to Terrorism: The Nexus Between Causality and Intent and the Question of Legitimacy-A Case Study of the European Union, Belgium and the United Kingdom. -- Chapter 13. Humiliation of Terrorism Victims: Is Human Dignity Becoming a 'National Security Tool'?. -- Chapter 14. The Normalisation of Secrecy in the United Kingdom and the Netherlands: Individuals, the Courts and the Counter-Terrorism Framework.

At least participants of the human rights discourse intuitively tend to think about human dignity when hearing the word 'dignity', but about national or public security when hearing a reference to 'security'. Thereby dignity tends to have a positive connotation in human rights circles, while security may primarily be seen as a threat to the full enjoyment of human rights. A closer look into the two notions will, however, reveal that both dignity and security will require a nuanced treatment when addressed in a human rights perspective. In this brief chapter it is suggested that a human rights approach to combating terrorism emphasises both human dignity and human security as the proper way to frame the discourse. The chapter will address these two concepts and discuss their relevance in the fight against terrorism, ending by linking the two notions also to the definition of terrorism. Here, the author relies upon Immanuel Kant's appeal to reason and his formulation of the categorical imperative as a maxim that any rational person must never treat another human being as mere means but always also as an end

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Erscheinungsdatum: 02.01.2020

2019-12-09