Human Rights and Non-Discrimination in the 'War on Terror' available in Hardcover
- Pub. Date:
- Oxford University Press
In the post-September 11th era, liberal democracies face the question of whether, and if so to what extent, they should change the relationship between liberty and security. This book explores how three major liberal democratic states - the United States, the United Kingdom and Germany - have approached this challenge by analyzing the human rights impacts of their anti-terrorism laws and practices. The analysis reveals that the most far-reaching restrictions of liberty have been imposed on minorities: foreign nationals and certain 'racial', ethnic and religious groups.
Disparate treatment raises complex issues concerning the human right to non-discrimination. Differential treatment on the basis of nationality, national origin, 'race' or religion is only compatible with the right to non-discrimination if there are objective and reasonable grounds for it.The author evaluates contemporary anti-terrorism efforts for their compliance with this requirement. Is there, in the context of the current 'war on terror', sufficient justification for applying powers of preventive detention or trial by special tribunal only to foreign nationals? Are law enforcement methods or immigration policies that single out people for special scrutiny based on their national origin, or their ethnic or religious appearance a suitable and proportionate means of countering terrorism? The concluding part of the book argues that, in the long term, discriminatory anti-terrorism measures will have impacts beyond their original scope and fundamentally reshape ordinary legal regimes and law enforcement methods.
About the Author
Dr. Daniel Moeckli is an Oberassistent in Public Law at the University of Zurich and a Fellow of the University of Nottingham Human Rights Law Centre. His main research interests lie in the area of human rights law, both international and national. He is a member of the Panel of Experts advising the UN Special Rapporteur on the Promotion and Protection of Human Rights While Countering Terrorism. Previously, he acted as legal adviser to the International Bar Association's Task Force on International Terrorism, worked for Amnesty International and practised criminal law for several years.
Table of Contents
Table of Cases xv
Table of Treaties and Legislation xxi
List of Abbreviations xxvii
1 Introduction: Liberty and Security in an Age of (Counter-)Terrorism 1
Part I Concepts: Anti-Terrorism Regimes and Non-Discrimination
2 Anti-terrorism Regimes: Rationales and Scope 23
3 The Human Right to Non-Discrimination 57
Part II Distinctions Based on Citizenship Status
4 Executive Detention of Foreign Terrorist Suspects 99
5 Trial of Foreign Terrorist Suspects 128
Part III Distinctions Based on Country of Origin or Nationality, Race, Ethnicity, and Religion
6 Selective Enforcement of Immigration Laws 165
7 Selective Use of Police Powers 193
8 Conclusion: The Wider Impacts of Discriminatory Anti-terrorism Measures 223