Research Handbook on International Law and Terrorism
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Research Handbook on International Law and Terrorism

Edited by Ben Saul

This newly revised and updated second edition provides a comprehensive overview of international counter-terrorism law and practice. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field, including new topics for this edition such as foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism.
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Chapter 22: International human rights law and terrorism: an overview

Helen Duffy

Abstract

This chapter outline the sources and a few key features of the framework of human rights law, highlighting controversies that have arisen recurrently, concerning its applicability (including personal and geographic scope, as well as its application in emergencies, armed conflicts and in respect of Security Council measures) and adaptability to genuine security challenges (including through techniques of derogation, limitations, and co-application with international humanitarian law). The chapter concludes by reference to challenges that impede a genuine rule of law approach to counter-terrorism, including the implications of the creeping reach of the ‘terrorism’ label, and the importance of the right to remedy and accountability in relation to terrorism and counter-terrorism alike.

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