Security and Human Rights

Acknowledgements\nContents\nAbout the Contributors\n1. Security and Human Rights: Finding a Language of Resilience and Inclusion\n	I. Identity, Religion, and Citizenship\n	II. Rights, Accountability, and the State\n	III. Privacy, Anonymity, and Dissent\n	IV. Exceptionalism, Risk, and Prevention\n	V. Conclusion\n	References\nPART I: RELIGION, IDENTITY, AND CITIZENSHIP\n	2. Torture and Othering\n		I. Introduction\n		II. The Absolute Character of the Prohibition of Torture in Human Rights Law\n		III. Torture and Othering\n		IV. Counterterrorism, Othering, and the \'Human\' in Human Rights\n		V. Responding to the Challenge with Integrity: (Re)affirming Human Dignity\n		VI. Conclusion\n		References\n	3. Their Bodies, Ourselves: Muslim Women\'s Clothing at the Intersection of Rights, Security, and Extremism\n		I. Secular and Religious Extremisms\n		II. Security and the Suprarational\n		III. Suprarationality in Religious and Secular Laws\n		IV. Ideal Men, Non-Ideal Women, and the Secure State\n		V. Conclusion\n		References\n	4. The Uses of Religious Identity, Practice, and Dogma in \'Soft\' and \'Hard\' Counterterrorism\n		I. Why are Muslims Still the Problem?\n		II. The Varied and Sundry Uses of Islam\n		III. The (New) Critique of Counterterrorism Policy\'s Uses of Islam\n		IV. Conclusion\n		References\n	5. Curtailing Citizenship Rights as Counterterrorism\n		I. Introduction\n		II. Immigration and Border Controls as Counterterrorism\n		III. Curtailing Citizenship Rights and Mobility as Counterterrorism\n		IV. Concluding Thoughts\n		References\n	6. Trusted Travellers and Trojan Horses: Security, Privacy, and Privilege at the Border\n		I. Trusted Traveller Schemes and the Threat to Privacy\n		II. Privilege and Security\n		III. Conclusion\n		References\nPART II: RIGHTS, ACCOUNTABILITY, AND THE STATE\n	7. Secrecy as a Meta-paradigmatic Challenge\n		I. Secrecy and Scholarship\n		II. The Anatomy of Legal Secrets\n		III. Contemporary Secrecy and Retrospective Accountability\n		IV. Conclusion: Future Scrutiny\n		References\n	8. Accountability Mechanisms for Transnational Counterterrorism\n		I. What is Accountability?\n		II. A Taxonomy of the Multiple Mechanisms and Processes of Accountability\n		III. Domestic State Mechanisms of Accountability\n		IV. Supranational State Mechanisms of Accountability\n		V. Non-State Mechanisms of Accountability\n		VI. Conclusion\n		References\n	9. Security and Human Rights after the Nationalist Backlash\n		I. Human Rights, Security, and Globalisation\n		II. Rising Nationalism and National Security\n		III. Embedding Human Rights Norms beyond the State\n		IV. Conclusion\n		References\n	10. The Demise of Rights as Trumps\n		I. Introduction\n		II. The Last Utopia, or Rights as Trumps in Context\n		III. Dworkin\'s Theory of the Rights Revolution\n		IV. From Carter to Bush\n		V. The Harbinger Theory\n		VI. Reassessing Rights as Trumps After 9/11\n		VII. Security as Trump?\n		References\n	11. Violence, Human Rights, and Security\n		I. Introduction\n		II. Violence and Rights\n		III. Peaceful Politics\n		IV. Fear\n		V. Conclusion\n		References\nPART III: PRIVACY, ANONYMITY, AND DISSENT\n	12. Privacy versus Security: Regulating Data Collection and Retention in Europe\n		I. The Court of Justice of the European Union and the Right to Privacy\n		II. Privacy and Data Protection in Europe after the CJEU Rulings\n		III. Conclusion\n		References\n	13. Anonymity for Victims at the Special Tribunal for Lebanon: Security and Human Rights at Work in International Criminal Justice\n		I. Security and Human Rights at the Special Tribunal for Lebanon\n		II. Anonymity Prior to Trial\n		III. Anonymity During Trial\n		IV. Criteria for Reconciling Competing Rights and Security at the Special Tribunal\n		V. Conclusion\n		References\n	14. The Legal Death of Rebellion: Counterterrorism Laws and the Shrinking Legal Freedom of Violent Political Resistance\n		I. Introduction\n		II. \'Terrorist\' Violence and the Political Offence Exception to Extradition before 2001\n		III. Transnational Counterterrorism Conventions since the 1960s\n		IV. The Proliferation of Counterterrorism Laws Criminalising Political Resistance\n		V. Terrorism in Armed Conflict under International Humanitarian Law\n		VI. Conclusion\n		References\n	15. Indirectly Inciting Terrorism? Crimes of Expression and the Limits of the Law\n		I. Introduction\n		II. Practice\n		III. Fundamental Principles of Law\n		IV. Case Law and the Analysis of Necessity and Proportionality\n		V. Conclusion\n		References\nPART IV: EXCEPTIONALISM, RISK, AND PREVENTION\n	16. Oversight of the State\rof Emergency in France\n		I. Judicial Oversight of the State of Emergency\n		II. Non-judicial Oversight of the State of Emergency\n		III. Conclusion\n		References\n	17. Bounded Factuality: The Targeted Killing of Salah Shehadeh and the Legal Epistemology of Risk\n		I. Introduction\n		II. Legal Fact-Finding and Targeting Decision-Making\n		III. \'Bounded Factuality\' in Targeting Decisions\n		IV. The Israeli Investigation of the Targeted Killing of Salah Shehadeh\n		V. Improving Fact-Finding in Targeting Decision-Making\n		VI. Conclusion\n		References\n	18. Countering Terrorism and Violent Extremism: The Security-Prevention Complex\n		I. Introduction\n		II. Terrorism, Security, and Countering Violent Extremism\n		III. Approaches to Counterterrorism in Germany: Prosecution, Prevention, and Pre-Prevention\n		IV. Domestic Prevention of Violent Extremism in Germany\n		V. Conclusion\n		References\n	19. Security and Human Rights in the Context of Forced Migration\n		I. Introduction\n		II. What is Security?\n		III. Security and Human Rights in Practice: Forced Migration\n		IV. Forced Migration and Human Rights\n		V. Forced Migration and Security\n		VI. Security and Rights as Complementary, not Contradictory\n		VII. Conclusion\n		References\nIndex