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• Title:Human rights in times of conflict and terrorism / Louise Doswald-Beck.
  
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• Author/Creator:Doswald-Beck, Louise.
  
• Other Contributors/Collections:Académie de droit international humanitaire et de droits humains à Genève.
  
• Published/Created:Oxford ; New York : Oxford University Press, 2011.
  

• Holdings

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  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: K3240 .D67 2011
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Human rights.
  Humanitarian law.
  Derogation (Law)
  Terrorism--Prevention--Law and legislation.
  
• Description:xlv, 550 p. ; 25 cm.
  
• Notes:"Académie de droit international humanitaire et de droits humains à Genève = Geneva academy of international humanitarian law and human rights."
  Includes bibliographical references (pages [535]-540) and index.
  
• ISBN:9780199578931
  0199578931
  9780199578948 (pbk. )
  019957894X (pbk. )
  
• Contents:Machine generated contents note: pt. I OVERARCHING ELEMENTS
  1. Application Of Human Rights Law
  1.1. At all times: during both peace and armed conflict
  1.1.1. Treaty provisions and their interpretation
  1.1.2. Practice of States and UN Charter bodies
  1.2. Scope of application: jurisdiction
  1.2.1. Treaty provisions
  1.2.2. Interpretation of the reference to `territory' in the ICCPR provision
  1.2.3. Application where there is no jurisdiction clause
  1.2.4. Meaning of `jurisdiction'
  1.2.5. Where the State has lost control of parts of its national territory
  1.2.6. Control of another State's territory as a result of military action
  1.2.7. Responsibility for transfers to other States
  1.2.8. Control or decisive effect over persons outside own territory
  1.2.9. Activities affecting persons outside the States bound by a regional treaty
  1.3. International peacekeeping operations: jurisdiction and imputability
  1.4. Relationship between `jurisdiction' and `imputability'
  1.5. Relationship between `jurisdiction' and `occupation'
  2. Ensuring Rights
  2.1. Treaty provisions and general principles
  2.2. obligation to `ensure' or `secure' rights
  2.2.1. Immediate and full implementation
  2.2.2. Ensuring the separation of powers and basic principles of democracy
  2.2.3. requirement of reality in the justice system
  2.2.4. Steps necessary to prevent violations of specific rights
  2.2.5. Obligation of `due diligence' with regard to the actions of private persons or entities
  2.2.6. Punishment to be of a nature to deter future violations
  2.2.7. Situations in which it is impossible to ensure respect
  2.2.8. Clash of international obligations
  2.3. Realization of economic, social, and cultural rights
  2.3.1. Interpretation developed by the UN Committee on Economic, Social and Cultural Rights
  2.3.2. Interpretation of ESCR by the African Commission
  2.3.3. Hybrid obligations
  2.4. requirement of non-discrimination
  2.4.1. Treaty provisions
  2.4.2. Meaning of `discrimination'
  2.4.3. Distinctions based on nationality
  2.4.4. Profiling in counter-terrorism measures
  2.5. Right to a remedy
  2.5.1. Treaty provisions
  2.5.2. Requirement for remedy where a violation of a treaty right is concerned
  2.5.3. Meaning of `effective remedy'
  2.5.4. Relationship between right to a remedy and other rights
  2.5.5. International counter-terrorism measures and right to a remedy
  2.5.6. Right to a remedy during states of emergency
  3. Regime Of Limitations And Derogations
  3.1. General principles
  3.1.1. Some absolute rights
  3.1.2. Freedoms with inherent limitations
  3.1.3. Measures during an emergency
  3.1.4. Non-discrimination
  3.1.5. ECHR and the margin of appreciation
  3.1.6. Derogations and limitations to economic, social, and cultural rights
  3.2. System of limitations
  3.2.1. General overview of treaty provisions
  3.2.2. Provided by `law'
  3.2.3. Purpose
  3.2.4. Necessity
  3.2.5. Abuse of rights
  3.3. System of derogations
  3.3.1. General overview of the treaty provisions
  3.3.2. Interpretation of emergency' by the treaty bodies
  3.3.3. Derogations prohibited because they would violate other rules of international law
  3.3.4. overarching need to maintain the rule of law
  3.3.5. Interpretation of `to the extent strictly required by the exigencies of the situation'
  3.3.6. Conclusion
  4. Role Of International Humanitarian Law In Human Rights Law
  4.1. Introduction
  4.2. International Court of Justice
  4.3. United Nations Human Rights Council
  4.4. Human rights treaty bodies
  4.4.1. Treaty requirements to consider international humanitarian law
  4.4.2. African Commission on Human and Peoples' Rights
  4.4.3. Inter-American Commission and Court of Human Rights
  4.4.4. European Court of Human Rights
  4.5. Non-State actors
  4.5.1. Introduction
  4.5.2. Different approach in IHL and human rights treaties
  4.5.3. Human rights responsibilities of non-State actors and individuals
  4.6. Utility of using international humanitarian law in a human rights assessment
  4.6.1. Where the two bodies of law provide the same rules
  4.6.2. IHL rules that can be impliedly included in ESCR rules
  4.6.3. Express reference to IHL in human rights treaties
  4.6.4. IHL rules that do not exist in human rights treaties
  5. International Measures To Prevent Terrorism And Human Rights Protection
  5.1. Introduction
  5.2. Counter-terrorism treaties
  5.2.1. Universal treaties
  5.2.2. Regional treaties
  5.3. Measures taken by the UN Security Council
  5.3.1. Requirement to criminalize terrorist acts and provide mutual assistance
  5.3.2. Sanctions regime
  - freezing of assets and travel restrictions
  5.3.3. Security Council requirements for counter-terrorism measures to respect human rights
  5.4. Measures taken by the UN Human Rights Commission and Human Rights Council
  5.4.1. Before 2001
  5.4.2. Resolutions on counter-terrorism and human rights after 2001
  5.4.3. Special rapporteurs on counter-terrorism and human rights
  5.5. Measures taken by the UN General Assembly and UN Secretary-General
  5.5.1. Counter-terrorism treaties
  5.5.2. Resolutions on counter-terrorism and human rights
  5.5.3. Global Counter-Terrorism Strategy
  5.6. International case-law relating to binding UN Security Council measures and human rights
  pt. II ABSOLUTE PROHIBITIONS
  6. Prohibition Of Arbitrary Deprivation Of Life
  6.1. Treaty provisions and basic principles
  6.2. Law enforcement operations
  6.2.1. Basic principles
  6.2.2. need for an adequate legislative framework, training, and advance planning
  6.2.3. Arrest and lack of necessity for the use of lethal force
  6.2.4. Demonstrations and riots
  6.2.5. Use of technologies labelled `non-lethal'
  6.3. Use of force during armed hostilities
  6.3.1. Evaluation of necessity to use armed force and adequate planning
  6.3.2. Need for proper identification of suspected rebels
  6.3.3. Protecting the lives of injured persons
  6.4. Death or disappearance of persons in the power of government agents
  6.4.1. Deaths in custody
  6.4.2. Where person was last seen with government agents
  6.5. Responsibility of the State to protect life when killings are committed by non-State actors
  6.6. Requirement to investigate possible violations of the right to life
  6.6.1. When an investigation is required
  6.7. Armed conflict and `arbitrary deprivation of life'
  6.7.1. Meaning of the term `war' in human rights treaties
  7. Prohibition Of Torture, Inhuman Or Degrading Treatment Or Punishment
  7.1. Absolute nature of the prohibition
  7.2. Definitions
  7.2.1. Inhuman treatment or punishment
  7.2.2. Degrading treatment or punishment
  7.2.3. Torture
  7.3. Evaluation of certain practices
  7.3.1. death penalty
  7.3.2. Indefinite detention
  7.3.3. Isolation
  7.3.4. Rape and other forms of sexual violence
  7.3.5. Use of physical force and methods of restraint
  7.3.6. Corporal punishment
  7.3.7. Discrimination
  7.3.8. Lack of medical care
  7.3.9. Poor physical conditions of detention
  7.4. Non-refoulement
  7.4.1. General principle
  7.4.2. Method of evaluating that the risk is real
  7.4.3. Rule and evaluation method the same for all persons
  7.4.4. Diplomatic assurances
  7.4.5. Extraordinary renditions
  7.5. Preventive and deterrence measures
  7.5.1. Interrogation methods
  7.5.2. Statements made as a result of torture may not be used as evidence
  7.5.3. Access to a lawyer
  7.5.4. Transparency of detention
  7.5.5. Examination by a doctor
  7.5.6. Detainee to be informed of his or her rights
  7.5.7. Duty to investigate a complaint
  7.5.8. Supervision by an independent body and complaint procedure
  7.6. Right to humane treatment
  7.6.1. Treaty provisions
  7.6.2. Resolutions and other documents
  8. Prohibition Of Enforced Disappearances
  8.1. Definition of `enforced disappearance'
  8.2. Enforced disappearance as a violation of human rights
  8.2.1. Enforced disappearance as a serious multiple human rights violation
  8.2.2. right to life
  8.2.3. prohibition of torture, or inhuman or degrading treatment
  8.2.4. right to liberty and security of person
  8.2.5. Right to a remedy
  8.3. Specific instruments relating to enforced disappearance
  8.3.1. United Nations Declaration on the Protection of All Persons from Enforced Disappearance, 1992
  8.3.2. Inter-American Convention on Forced Disappearance of Persons, 1994
  8.3.3. International Convention for the Protection of All Persons from Enforced Disappearance, 2006
  pt. III FUNDAMENTAL REQUIREMENTS OF DUE PROCESS
  9. Prohibition Of Arbitrary Detention
  9.1. Basic principles
  9.2. Meaning of `detention'
  9.2.1. Treaty provisions applicable to all forms of detention
  9.2.2. Disciplinary measures and military service
  9.2.3. House arrest and control orders
  9.3. Deprivation of liberty to be in accordance with the law
  9.4. Grounds for detention and procedure adopted must not be arbitrary
  9.4.1. ECHR
  9.4.2. other general human rights treaties
  9.5. Administrative detention on security grounds
  9.5.1. ECHR
  9.5.2. other general human rights treaties
  9.6. Information on reasons for detention
  9.6.1. Treaty provisions
  Contents note continued: 9.6.2. Meaning of `arrest' not limited to criminal cases
  9.6.3. Content and timing of the information
  9.7. Access to persons outside the detention centre
  9.7.1. Access to a lawyer
  9.7.2. Access to a diplomatic or consular official
  9.8. Right to supervision of the lawfulness of detention (habeas corpus)
  9.8.1. Treaty provisions
  9.8.2. Application to anyone in detention on request
  9.8.3. Time within which the remedy must be available
  9.8.4. Repetition of review
  9.8.5. Must be heard by a court or a court-like body
  9.8.6. Nature of evaluation and procedural guarantees
  9.8.7. Application during armed conflict and emergency
  10. Pretrial Detention
  10.1. Introduction
  10.2. Requirement for a lawful arrest
  10.2.1. Arrest warrant
  10.2.2. Arrest overseas: abduction or lawful arrest and transfer?
  10.2.3. Arrest on reasonable suspicion of having committed an offence
  10.2.4. Prompt information of charges against arrested person
  10.3. Requirement to be brought promptly before a judicial officer
  10.3.1. Treaty provisions
  10.3.2. Purpose of this procedure
  10.3.3. Meaning of `promptly'
  10.3.4. Required nature of the judicial authority
  10.4. Right to trial within a reasonable time or to release
  10.4.1. Treaty provisions
  10.4.2. Basic principle
  10.4.3. Elements that are to be taken into account
  10.5. Derogation during states of emergency
  10.5.1. Introduction
  10.5.2. Requirement for a lawful arrest
  10.5.3. Requirement to be brought promptly before a judicial officer
  11. Crimes And The Principle Of Legality
  11.1. Legal basis required for conviction and punishment: basic principles
  11.1.1. Treaty provisions
  11.1.2. Non-derogability
  11.1.3. Definition of `crime'
  11.2. Clarity of definition of crimes
  11.2.1. Drafting and interpretation of legal provision
  11.2.2. Penalties
  11.2.3. Problem of `terrorism' definition
  11.3. Prosecution of an offence after practice of tolerance
  11.3.1. Previous practice of not prosecuting certain persons in specific contexts
  11.3.2. Previous non-prosecution based on amnesty legislation
  11.4. International crimes and offences under general principles of law
  11.4.1. International crimes
  11.4.2. General principles of law recognized by the community of nations
  11.5. Individual criminal responsibility and prohibition of collective punishment
  11.5.1. Treaty provisions
  11.5.2. Treaty-body practice
  12. Right To Be Heard By A Competent, Independent, And Impartial Tribunal
  12.1. Treaty provisions
  12.2. Right of access to a court
  12.2.1. Basic principle
  12.2.2. Access limited to procedures covered by fair trial treaty provisions
  12.2.3. Procedures relating to the expulsion of non-nationals
  12.2.4. Lack of access because of practical restraints
  12.2.5. Immunities
  12.2.6. Amnesties
  12.2.7. International organizations counter-terrorism measures
  12.3. Definition of competent, independent, and impartial tribunal
  12.3.1. Meaning of `tribunal'
  12.3.2. Meaning of `competent', `established by law'
  12.3.3. Meaning of `independent'
  12.3.4. Meaning of `impartial'
  12.3.5. Military tribunals
  12.3.6. Special courts
  13. Elements Of Fair Trial
  13.1. Basic concept
  13.2. Presumption of innocence
  13.2.1. Basic principle
  13.2.2. Statements by the executive
  13.2.3. Military and anti-terrorism trials
  13.2.4. Lengthy pre-trial detention
  13.2.5. Placing persons on a `terrorism' list
  13.3. Equality of arms
  13.3.1. Basic principle
  13.3.2. Equality and adversarial procedure
  13.3.3. Use of confidential or anonymous evidence
  13.4. Public hearing
  13.4.1. Treaty provisions and basic principles
  13.4.2. Modalities
  13.4.3. Exclusion of the public for security reasons
  13.5. Means of defence
  13.5.1. Adequate services of a lawyer
  13.5.2. Right not to be compelled to testify against oneself or to confess guilt
  13.5.3. Information on the nature and cause of a charge
  13.5.4. Right to call and examine witnesses
  13.5.5. Right of an accused to be present at the trial
  13.5.6. Right to free assistance of an interpreter if the accused cannot understand or speak the language used in court
  13.6. Right to trial within a reasonable time
  13.7. Right to appeal to a higher tribunal
  13.8. Prohibition of trial more than once for the same offence (ne bis in idem)
  13.9. Extradition to an unfair trial
  pt. IV LIMITATIONS TO FREEDOMS
  14. Right To Home, Property, Freedom Of Movement, And Residence
  14.1. Treaty provisions
  14.1.1. Right to respect for one's home
  14.1.2. Right to respect for one's property
  14.1.3. Right to freedom of movement and residence
  14.1.4. Procedures relating to the expulsion of non-nationals
  14.2. Meaning of terms
  14.2.1. Meaning of `home'
  14.2.2. Meaning of `property'
  14.2.3. Meaning of `freedom of movement and residence'
  14.3. Destruction of property, forcible evictions, and internal displacement as a result of military operations
  14.4. Restrictions on or loss of property, home, and movement during occupation
  14.4.1. Loss of access to home or property
  14.4.2. Destruction of property as a penalty
  14.4.3. Restrictions on movement
  14.4.4. Taking of occupied territory's natural resources
  14.5. Counter-terrorism measures
  14.5.1. Non-access to assets or other funds
  14.5.2. Travel and residence restrictions
  15. Participation In Public Life: Freedom Of Expression, Association, And Conscience
  15.1. Treaty provisions
  15.1.1. Freedom of opinion and expression
  15.1.2. Freedom of association and assembly
  15.1.3. Right to conscience and religion
  15.2. Meaning of terms
  15.2.1. Meaning of `expression'
  15.2.2. Meaning of `association and assembly'
  15.2.3. Meaning of `conscience' and `religion'
  15.3. Interpretation of limitations to freedom of expression
  15.3.1. Meaning of certain terms in the limitation clauses
  15.3.2. Expression perceived as supporting illegal organizations, enemy nations, or terrorism
  15.3.3. Hate speech and war propaganda
  15.3.4. Limitations on the press
  15.4. Interpretation of limitations to freedom of association and assembly
  15.5. Interpretation of limitations to manifestation of belief
  15.6. Protection of the military and secret service
  15.6.1. Protection of military or security information
  15.6.2. maintenance of military discipline
  15.6.3. Conscientious objection to military service
  15.7. Restrictions during military occupation
  15.8. Restrictions on political parties
  15.9. Restrictions on demonstrations and public protests
  16. Protection Of The Personal Sphere: Right To Private And Family Life
  16.1. Treaty provisions
  16.2. Meaning of terms
  16.2.1. Meaning of `private life'
  16.2.2. Meaning of `family life'
  16.3. Restrictions on prisoners
  16.3.1. Correspondence
  16.3.2. Contact with the family
  16.4. Surveillance, interception, and searches
  16.4.1. Secret surveillance
  16.4.2. Search of premises
  16.4.3. Search of a person and personal belongings
  16.5. Databases
  16.6. Placement on terrorism lists
  16.7. Expulsions and displacement
  16.7.1. Expulsions
  16.7.2. Displacement as a result of conflict
  16.8. Restrictions imposed during military occupation
  pt. V PROTECTION OF VULNERABLE AND DISADVANTAGED POPULATIONS
  17. Economic, Social, And Cultural Rights In Situations Of Violence
  17.1. Elements relevant to application in such situations
  17.1.1. Possible derogations or limitations
  17.1.2. Economic sanctions
  17.1.3. Role of international humanitarian law
  17.2. Interpretation of economic, social, and cultural rights in armed conflict situations
  17.2.1. Case-law
  17.2.2. General Comments of the CESCR
  17.2.3. Concluding Observations of the CESCR
  17.2.4. Fact-finding reports
  17.2.5. Conclusion
  17.3. Protection of ESCR through civil and political rights' individual petition systems
  17.3.1. Rights included in both types of human rights treaties
  17.3.2. Interpretation of civil rights covering also economic and social rights
  17.4. Counter-terrorism measures and ESCR
  17.4.1. Effect of restrictions to civil and political rights on ESCR
  17.4.2. Effect of certain national counter-terrorism measures
  17.4.3. Effect of being on the UN Security Council sanctions list
  17.4.4. Conditions conducive to the spread of terrorism
  17.4.5. Consideration of ESCR for emergency measures
  17.4.6. Consideration of ESCR for peace agreements
  18. Vulnerable Groups During Armed Conflict And Other Violence
  18.1. Recognition of vulnerable groups
  18.2. Gender discrimination
  18.2.1. Definition and impact on poverty and violence
  18.2.2. Legal regulation of gender discrimination
  18.2.3. Recognition of gender discrimination in situations of armed conflict
  18.2.4. Militarization of boys
  18.2.5. Legal requirements to counter gender discrimination in conflict situations
  18.3. Violence against women
  18.3.1. Phenomenon during conflict based on pre-existing attitudes
  18.3.2. Legal prohibition of violence against women
  18.3.3. Required preventive and reparation measures
  18.4. Respecting human rights of people under 18 years of age
  Contents note continued: 18.4.1. Specific problems faced by young children and adolescents in situations of violence
  18.4.2. Requirement in human rights treaties to respect IHL rules that protect children during armed conflict
  18.4.3. Human rights rules applicable to children
  18.4.4. International practice on the application of children's rights in armed conflict
  18.4.5. Classification of the most serious abuses by the UN Security Council
  18.5. Law relating to the use of persons under 18 in the army and armed groups
  18.5.1. Law relating to recruitment and use of such persons
  18.5.2. Law relating to demobilization and reintegration.