Human Rights in the Prevention and Punishment of Terrorism

The objective of this work is to provide an analysis of the legislative approaches to counter-terrorism and human rights in Australia, Canada, New Zealand and the United Kingdom. The text is aimed at lawyers and practitioners within and outside common law nations. Although the text analyses the subject within the four jurisdictions named, many parts of the book will be of interest and relevance to those from outside those jurisdictions. Considerable weight is placed on inter- tional obligations and directions, with a unique and hopefully useful feature of the text being the inclusion and consideration of a handbook written by me on human rights compliance when countering terrorism (set out in Appendix 4 and considered in Chap. 13). A signi?cant part of the research undertaken for this work was as a result of my being awarded the International Research Fellowship, Te Karahipi Rangahau a Taiao, an annual fellowship generously funded by the New Zealand Law Foun- tion. The New Zealand Law Foundation is an independent trust and registered charitable entity under the Charities Act 2005 (NZ). This project would not have been possible without the Law Foundation's award, which allowed me to undertake research and associated work over reasonably lengthy periods of time in Australia, Canada, Israel, England, Austria, Switzerland and Finland. It is not just the g- graphical location of this work that was made possible, however.

Analytical and comprehensive Comparative approach Thematic and case study evaluations Includes supplementary material: sn.pub/extras

Autorentext
Alex Conte LLB (Cant), LLM (Hons)(VUW), PhD (Cant), Barrister and Solicitor of the High Court of New Zealand, Consultant on Security and Human Rights (www.alexconte.com), Series Editor, Ashgate International Law Series

Klappentext
This title takes a comparative approach to the evaluation of human rights in the prevention and punishment of terrorism within the United Kingdom, Canada, Australia and New Zealand. The text first looks at the question of defining terrorism, and examines the international and domestic frameworks for countering terrorism. The second part of the book provides an overview and analysis of international and regional human rights law and its capacity to allow for the limitation of rights and freedoms when pursing important objectives such as the countering of terrorism, as well as providing a comparative review of human rights laws in each country. The final and most extensive part of the text begins with an overview of the interaction between counter-terrorism and human rights, followed by thematic and case study evaluations of discreet topics.

Inhalt
I.- The Nature and Definition of Terrorism.- The International Framework for Countering Terrorism.- Counter-Terrorism in the Commonwealth.- Counter-Terrorism Law in Australia.- Counter-Terrorism Law in Canada.- Counter-Terrorism Law in New Zealand.- Counter-Terrorism Law in the United Kingdom.- II.- International and Regional Human Rights Law.- Limiting Rights Under International Law.- Human Rights in the Commonwealth.- III.- Terrorism, Counter-Terrorism and International Law.- Human Rights Compliance in the Fight Against Terrorism.- The Domestic Criminalisation of Terrorism, and Its Definition.- Special Investigative Techniques and Rules of Criminal Procedure.- Arrest and Detention, and Investigative Hearings.- Derogations from the Right to Liberty.- Control Orders and Preventative Detention.- The Designation of Individuals and Groups as Terrorist Entities.- Speech, the Media, and Incitement to Terrorism.- Measures to Prevent the Transboundary Movement of Terrorists.- Conclusion.