Cover

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pp. 1-1

Title Page, Copyright

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pp. 2-5

Contents

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pp. v-viii

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Acknowledgments

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pp. ix-x

We undertook this project as concerned scholars and citizens who saw the international abuses and logic of conflict we had each studied for decades in other regions suddenly echoed in our own society. We were also inspired by responses to these legal abuses from global civil society, ...

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1. Human Rights and National Insecurity

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pp. 1-13

Human rights is the first casualty of unconventional war. Even in liberal democracies, perceptions of national insecurity can rapidly destroy citizen support for international law and democratic values, such as the rule of law and tolerance. Political leaders and defense establishments arrogate the right to determine national interest and security threat, ...

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2. Encroaching on the Rule of Law: Post-9/11 Policies within the United States

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pp. 14-36

There are several distinguishing features of the American response to the 9/11 attacks that should be considered in evaluating post-9/11 U.S. governmental encroachments on the rule of law. These contextual elements suggest that comparisons with the counterterrorist practices of other countries need to take account of the specificities of the American situation ...

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3. The United States: Protecting Human Dignity in an Era of Insecurity

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pp. 37-55

This chapter argues that the George W. Bush administration after 9/11 (1) has engaged in intentional abuse of prisoners in connection with its “war” on terrorism; (2) has failed to limit this abuse to the minimal and genuine requirements of defending the life of the democratic United States; ...

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4. Northern Ireland: Violent Conflict and the Resilience of International Law

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pp. 56-74

A state that defines itself by an ideological commitment to the rule of law (usually, though not universally, coterminous with liberal democracy) tends to behave differently from more authoritarian states. Paradigmatically, the democratic state’s agents operate within the framework of legal powers that we have come to understand as Weberian “formal rationality.” ...

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5. The United Kingdom: The Continuity of Terror and Counterterror

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pp. 75-91

These statements from the head of MI5, two home secretaries, and the prime minister provide a strong indication of the general mood in the government of the United Kingdom concerning the relative protection of human rights while combating terrorism. Since the September 11, 2001, attacks and with renewed vigor since the London bombings in July 2005, ...

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6. Torturing Democracies: The Curious Debate over the “Israeli Model”

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pp. 92-117

In 1949, the Israeli writer S. Yizhar (the pen name of Yizhar Smilansky) published a series of short stories about the Israeli War of Independence. In “The Prisoner,” a unit of the home guard takes an Arab shepherd and his sheep captive; during the interrogation of the frightened and confused man, ...

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7. Democracy, Civil Liberties, and Counterterrorist Measures in Spain

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pp. 118-136

The chapter examines the evolution of counterterrorism legislation in Spain following its transition to democracy from two perspectives. We look at both the formal legal framework for and the practice and discourse of counterterrorism in terms of their compatibility with human rights and due process, and their impact on broader democratic values. ...

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8 Canada’s Balancing Act: Protecting Human Rights and Countering Terrorist Threats

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pp. 137-156

Before their political defeat by the Conservative Party of Canada, the Honourable Anne McLellan, deputy prime minister and minister of public safety and emergency preparedness, and the Honourable Irwin Cotler, minister of justice in the previous Paul Martin Liberal government, ...

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9. Germany: State Responses to Terrorist Challenges and Human Rights

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pp. 157-176

Germany has suffered less direct threat than the other countries discussed in this book, and it has thus far maintained one of the most liberal and democratic counterterror policies, demonstrating that another way is possible. The fight against terrorism, especially in its initial stages, usually requires immediate, comprehensive, and stringent action by the state. ...

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10. Conclusion: Human Rights in Hard Times

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pp. 177-188

This volume makes the case for human rights in hard times, when violent enemies of the state threaten the lives of large numbers of citizens. We compare the experience of the U.S. trade-off of human rights with most similar systems like the UK and Canada, which have stayed closer to democratic and international standards, ...

Notes

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pp. 189-212

Bibliography

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pp. 213-236

Contributors

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pp. 237-238

Index

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pp. 239-245