Human Rights in Times of Conflict and Terrorism

Louise Doswald-Beck

Full overview of the extent to which international human rights law continues to apply in situations of armed conflict and terrorism
Systematically sets out the case law and instruments applicable to each right, making the book useful for both students and practitioners
Clear explanation of the interpretation of each right by the relevant treaty bodies, providing a solid understanding of the elements of each right, and how they apply in practice

Human Rights in Times of Conflict and Terrorism

Louise Doswald-Beck

Description

This book is a guide to international human rights law as it applies to situations of armed conflict, to counter-terrorism measures and to any other situation of actual or potential violence requiring security measures. These situations can lead to some of the most fundamental human rights being put in danger of being violated. These include the right to life, the prohibition of torture and inhuman or degrading treatment, enforced disappearance, all the rights relating to detention and due process of law, and the freedoms most commonly affected by armed conflict and counter-terrorism.

The book begins with a presentation on the application of human rights to such situations and an explanation of the regime of limitations and derogations. After an overall description of the relationship between human rights law, on the one hand, and international humanitarian law and international counter-terrorism measures, on the other, the book concentrates on the rights themselves. Each chapter presents the relevant treaty provisions and explains the interpretation of the rights by reference to the case law and general comments of these treaty bodies. The book concludes with a section on how international human rights law protects certain vulnerable and disadvantaged populations in such situations.

Human Rights in Times of Conflict and Terrorism

Louise Doswald-Beck

Part I: Overarching Elements
1:Application of human right law
2:Ensuring rights
3:The regime of limitations and derogations
4:The role of international humanitarian law in human rights law
5:International measures to prevent terrorism and human rights
Part II - Absolute prohibitions
6:Prohibition of arbitrary deprivation of life
7:Prohibition of torture, inhuman or degrading treatment or punishment
8:Prohibition of enforced disappearances
Part III - Fundamental requirements of due process
9:Prohibition of arbitrary detention
10:Pre-trial detention
11:Crimes and the principle of legality
12:Right to be heard by a competent independent and impartial tribunal
13:Elements of fair trial
Part IV Limitations to freedoms
14:Right to home, property, freedom of movement and residence
15:Participation in public life: freedom of expression, association and conscience
16:Protection of personal sphere: right to private and family life
Part V - Protection of vulnerable and disadvantaged populations
17:Economic, social and cultural rights
18:Human Rights law on the protection of vulnerable groups during armed conflict

Human Rights in Times of Conflict and Terrorism

Louise Doswald-Beck

Author Information

Louise Doswald-Beck, Professor of International Law, Graduate Institute of International and Development Studies, Geneva Academy of International Humanitarian Law and Human Rights

Louise Doswald-Beck is a Professor of International Law at the Graduate Institute of International and Development Studies at the Geneva Academy of International Humanitarian Law and Human Rights. She was formerly Director of its predecessor, the University Center for International Humanitarian Law. Initially a lecturer at the Universities of Exeter and London, between 1987 and 2001 she was a legal adviser at the International Committee of the Red Cross and became Head of the Legal Division in 1998. At the ICRC, she acted in negotiations leading to various international instruments: the Statute of the International Criminal Court and its Elements of Crimes, Protocols II and IV of the Convention on Certain Conventional Weapons, the Ottawa Convention on Anti-Personnel Landmines, and Protocol II to the Hague Convention on Cultural Property. She won the Ciardi Prize for co-authoring the ICRC Study on Customary International Humanitarian Law.