This newly revised and updated second edition of the Research Handbook on International Law and Terrorism provides a comprehensive overview of international counter-terrorism law and practice from the perspectives of human rights, the law of armed conflict, the law on use of force, and international criminal law. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field. Major controversies in the global legal response to terrorism are examined, including up-to-date analyses of the war on terror, drone strikes and targeted killings, torture and rendition, indefinite detention, military trials, and UN Security Council measures and sanctions. New topics for this edition are assessed, focusing on foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism. Exploring developments from before and after the terrorist attacks of 9/11, the Research Handbook also includes new analysis of contemporary threats such as Islamic State, and discusses the law of regional organizations and selected national practice. International law scholars and practitioners, as well as government and United Nations legal advisers, will find this an invaluable reference on a complex area of legal inquiry. It will also prove a critical read for academics and students in international relations, terrorism studies, security studies, war studies, and human rights.
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This newly revised and updated second edition of the Research Handbook on International Law and Terrorism provides a comprehensive overview of international counter-terrorism law and practice from the perspectives of human rights, the law of armed conflict, the law on use of force, and international criminal law.
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Contents: Preface xxiii PART I NORMATIVE FRAMEWORKS 1 The definition(s) of terrorism in international law 2 Marcello Di Filippo 2 Terrorism and customary international law 16 Kai Ambos and Anina Timmermann 3 Terrorism and the international law of state responsibility 31 Kimberley N Trapp 4 Aviation and international terrorism 47 Julie Atwell 5 Maritime terrorism in international law 60 Efthymios Papastavridis 6 Nuclear, chemical and biological terrorism in international law 80 David Fidler 7 The international law on terrorist financing 97 Ilias Bantekas 8 The International Convention for the Suppression of Terrorist Bombings 109 Samuel Witten 9 The draft United Nations Comprehensive Convention on International Terrorism 120 Amrith Rohan Perera 10 The legal nexus between terrorism and transnational crime 129 Ben Saul 11 Gender, counter-terrorism and international law 157 Jayne Huckerby 12 Islam, terrorism and international law 168 Javaid Rehman PART II TERRORISM AND CONFLICT 13 Terrorism and the international law on the use of force 180 Michael Wood 14 Terrorism and international humanitarian law 192 Ben Saul 15 Terrorism and the international law of occupation 210 David Kretzmer 16 Terrorism and targeted killings under international law 223 Emily Crawford 17 Foreign fighters, terrorism and counter-terrorism 239 Sandra Krahenmann 18 Military courts and terrorism: the 9/11 trial before the Guantanamo Bay Military Jurisdiction 256 Sharon Weill and Mitchell Robinson 19 Terrorism, war crimes and the International Criminal Court 271 Roberta Arnold 20 Terrorism and self-determination 285 Elizabeth Chadwick 21 Humanitarian action, development and terrorism 300 Andrej Zwitter PART III TERRORISM AND HUMAN RIGHTS 22 International human rights law and terrorism: an overview 314 Helen Duffy 23 Extraordinary rendition, counter-terrorism and international law 336 Silvia Borelli 24 Torture and counter-terrorism 354 Ben Saul and Mary Flanagan 25 Counter-terrorist detention and international human rights law 371 Fiona de Londras 26 Terrorism prosecutions and the right to a fair trial 384 Clive Walker 27 Terrorism and freedom of expression in international law 399 Yael Ronen 28 Terrorism, surveillance and privacy 411 Simon Chesterman 29 Terrorism and international refugee law 423 Geoff Gilbert 30 Terrorism and migration law 436 Elspeth Guild 31 Special measures: terrorism and control orders 449 Andrew Lynch and Jessie Blackbourn 32 Judicial supervision of anti-terrorism laws in comparative democracies 465 Leah West and Craig Forcese 33 Redress for victims of terrorist acts in a deteriorating international political climate 479 Ilaria Bottigliero and Lyal S Sunga PART IV TERRORISM AND THE UNITED NATIONS SYSTEM 34 The United Nations General Assembly and terrorism 493 Jane Boulden 35 The role of the United Nations Global Counter-Terrorism Compact Task Force, the United Nations Office of Counter-Terrorism and its Counter-Terrorism Centre 506 Marc Porret 36 The role of the United Nations Office on Drugs and Crime's Terrorism Prevention Branch 513 Mauro Miedico 37 United Nations measures to address the 'root causes' and 'conditions conducive' to terrorism, and to prevent violent extremism (PVE): 1972-2019 530 Ben Saul 38 The United Nations Security Council's counter-terrorism ISIL (Da'esh) and Al-Qaida sanctions regime 550 Lisa Ginsborg 39 Security Council Resolution 1373: the cumbersome implementation of legislative acts 564 Luis Miguel Hinojosa-Martinez 40 The United Nations Special Tribunal for Lebanon: defining international terrorism 588 Guenael Mettraux 41 Challenges in United Nations counter-terrorism coordination 600 James Cockayne PART V TERRORISM AND REGIONAL ORGANIZATIONS 42 The legal response to terrorism of the European Union and Council of Europe 614 Cian C Murphy 43 The legal response of the Organization of American States in combating terrorism 626 Mirko Sossai 44 The legal response to terrorism of the Organization of Islamic Cooperation 639 Katja Samuel 45 Counter-terrorism and pan-Africanism: from non-action to non-indifference 654 Martin Ewi and Anton Du Plessis 46 Regional legal responses to terrorism in Asia and the Pacific 669 Rohan Gunaratna and Gloria Cheung Index 686
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'The second edition of the Research Handbook on International Law and Terrorism edited by Ben Saul belongs first on the desk and thereafter on the bookshelf of every academic or professional expert working on legal issues related to terrorism. Its 46 chapters by eminent scholars and practitioners cover almost all aspects of this complex area and provide useful guidance for anyone wishing to get a comprehensive picture of it, or to delve into any specific issue.' --Martin Scheinin, European University Institute, Italy
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Edward Elgar Publishing Ltd
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Edited by Ben Saul, Challis Chair of International Law, University of Sydney, Australia; Associate Fellow, Chatham House,Associate Fellow, International Centre for Counter-Terrorism in The Hague and a Consultant for the United Nations Office on Drugs and Crime (Terrorism Prevention Branch), UK