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human_rights_handbook استرا&Oslas

Counter-Terrorism Law and Practice: An International Handbook

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JANUARY 2008 HANDBOOK ON Human Rights Compliance While Countering Terrorism BY ALEX CONTE
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CENTER ON GLOBAL COUNTERTERRORISM COOPERATION HANDBOOK ON Human Rights Compliance While Countering Terrorism BY ALEX CONTE
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About the Author DR ALEX CONTE is a Reader in Law at the University of Southampton, England, where he teaches public international law, counterterrorism, and comparative civil liberties. He was the 2004 New Zealand Law Foundation International Research Fellow, undertaking a comparative study of the interface between counterterrorism and human rights as between New Zealand, Australia, Canada, and the United Kingdom. A member of the Advisory Panel of Experts to the UN Special Rapporteur on the promotion and protection of human rights while countering terrorism, Professor Conte is also a fellow to the International Policy Institute on Counter-Terrorism and has acted as a consultant on counterterror- ism to government, international and regional organizations, nongovernmental organizations, and research institutes. Dr. Conte’s research interests are in the areas of counterterrorism and human rights, and the use of force between States. Recent publications include Counter-Terrorism and Human Rights in New Zealand (2007), An Introduction to International Law (2006), Security in the 21st Century: The United Nations, Afghanistan and Iraq (2005), and Defining Civil and Political Rights: The Jurisprudence of the UN Human Rights Committee (2004). The views expressed in this handbook represent those of the author and not necessarily those of the Center on Global Counterterrorism Cooperation. The Center on Global Counterterrorism Cooperation gratefully acknowledges the Ford Foundation for its generous support for this project.
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iii CENTER ON GLOBAL COUNTERTERRORISM COOPERATION Executive Summary In September 2006, the Center on Global Counterterrorism Cooperation published the Report on Standards and Best Practices for Improving States’ Implementation of UN Security Council Counter-Terrorism Mandates. 1 The report provided an assessment of core standards and best practices for implementing rel- evant Security Council counterterrorism resolutions. For the purpose of assisting policymakers and practitioners in understanding and implementing the multiple requirements of Security Council Resolution 1373, the report identified three broad areas of counterterrorism implementation: combating terrorist financing, improving legal practice and law enforcement, and enhancing territorial control. It also identified three cross-cutting categories that apply to all implementation requirements: international cooperation, the provision of technical assistance, and compliance with human rights standards. This Handbook on Human Rights Compliance While Countering Terrorism provides practical guidance on one of the three cross-cutting topics applicable to all aspects of implementation: human rights compliance while countering terrorism. This topic is particularly relevant given the adoption of the United
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