Counter-Terrorism And Human Rights

204 Pages·2013·1.507 MB·English

by  David J. Whittaker

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David J. Whittaker was formerly Senior From the emergence of terrorist

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Lecturer in International Relations at Praise for David J. Whittaker’s . . training camps to the controversy
Terrorism: Understanding the Global Threat WW
the University of Teesside. His many over Guantanamo Bay and the fierce
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books on terrorism and conflict include ‘A clear and accessible survey of terrorists’ motives tt debates surrounding new anti-terrorism
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and methods’ The Economist aa
The Terrorism Reader (2001) and laws, global responses to terrorism
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Terrorism: Understanding the Global ‘There is a need for a clear, concise introduction to terrorism… rr affect us all. In this book, David J.

Threat (2002). David Whittaker has provided us with just that.’ Whittaker explores the realities behind
Peter Hylarides, Contemporary Review
the attention-grabbing headlines by
examining counter-terrorism principles,
Terrorism is one of the greatest threats to our globalised society.
legislation and operational tactics. He
Constantly shifting its shape and emerging in unexpected new forms, it
demands urgent, collective action to counter and contain it. But what is does so with particular reference to
the price for such protection in terms of fundamental human rights and
Europe and the United States – without
should we be prepared to pay it? C
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controversial counter-terror measures since 9/11. Weighing up the n
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DAVID J. WHITTAKER is a retired university lecturer and prolific author. r a ‘raw message’ from those who are
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His previous books include The Terrorism Reader (2001) and Terrorism:
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Understanding the Global Threat (2002). i
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www.routledge.com
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Counter-Terrorism
and Human Rights
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Counter-
Terrorism and
Human Rights
David J. Whittaker
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First published 2009 by Pearson Education Limited
Published 2013 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
711 Third Avenue, New York, NY 10017, USA

Routledge is an imprint of the Taylor & Francis Group, an informa business
Copyright © 2009, Taylor & Francis.
The right of David J. Whittaker to be identified as author
of this work has been asserted by him in accordance
with the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or
by any electronic, mechanical, or other means, now known or hereafter invented, including
photocopying and recording, or in any information storage or retrieval system, without permission
in writing from the publishers.

Notices
Knowledge and best practice in this field are constantly changing. As new research and experience
broaden our understanding, changes in research methods, professional practices, or medical
treatment may become necessary.

Practitioners and researchers must always rely on their own experience and knowledge in
evaluating and using any information, methods, compounds, or experiments described herein. In
using such information or methods they should be mindful of their own safety and the safety of
others, including parties for whom they have a professional responsibility.

To the fullest extent of the law, neither the Publisher nor the authors, contributors, or editors,
assume any liability for any injury and/or damage to persons or property as a matter of products
liability, negligence or otherwise, or from any use or operation of any methods, products,
instructions, or ideas contained in the material herein.
ISBN 13: 978-1-4058-9980-2 (pbk)
British Library Cataloguing in Publication Data
A CIP catalogue record for this book can be obtained from the British Library
Library of Congress Cataloging in Publication Data
Whittaker, David J., 1925–
Counter-terrorism and human rights / David J. Whittaker.
p. cm.
Includes bibliographical references and index.
ISBN 978-1-4058-9980-2 (pbk. : alk. paper) 1. Terrorism – United States –
Prevention. 2. Terrorism – Great Britain – Prevention. 3. Terrorism –
European Union countries – Prevention. 4. Human rights. I. Title.
K5256.W48 2009
363.325′16—dc22
2009022551
Set 9/14pt Stone Serif by 35
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Contents
Acknowledgements / vi
Publisher’s acknowledgements / vii
Introduction / 1
1 Key issues /4
2 Human rights in principle /11
3 The state of play; observance or no? /34
4 Laws and terrorism: the United Kingdom
and the United States /59
5 Laws and terrorism: the European Union /77
6 Counter-terrorism tactics and rights:
the United Kingdom and the United States /94
7 Counter-terrorism tactics and rights:
the European Union /117
8 Counter-terrorism: treatment of suspects /137
9 Rendition: kidnapping suspects by order /161
Final thoughts – and the future? /181
Glossary /188
Where to find out more /190
Index / 193
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Acknowledgements
I am indebted to a number of people for their time and patience
and invaluable advice in the making up of this book:
Mari Shullaw, Christina Wipf-Parry and Jessica Harrison at Pearson
Education; Joanna Stephenson at the Royal Commonwealth
Society;
Bill Joseph and Adrian Norton for ironing out technical difficulties;
Skeeby Computer Services for typing service;
Marianne Whittaker for painstaking reading of the manuscript in
draft and most helpful criticism.
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Publisher’s acknowledgements
We are grateful to the following for permission to reproduce
copyright material:
Extract on page 35 from Whittaker, D., Terrorism: Understanding
the Global Threat (Pearson Education, 2006), courtesy of Pearson
Education Ltd; extract on page 51 from Letters page, The
Guardian, 24/12/2007 (McNulty, Tony), copyright Guardian
News & Media Ltd 2007; extract on page 70 from The Guardian
(courtesy of Gearty, C).
In some instances we have been unable to trace the owners of
copyright material, and we would appreciate any information
that would enable us to do so.
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Introduction
A
companion volume to this book had the title Terrorism:
Understanding the Global Threat. It has seemed necessary
in a twin volume to go much further and look carefully
at what we can do to deal with this threat. Issues to do with
counter-terrorism policies are growing ever more significant
internationally. Once again, readers can be sure of one thing,
namely, that what appears here in print is not all to be under-
stood as the last word. In this case we have a scrutiny of present-
day thinking about counter-terrorism and action together with
a preliminary discussion of possible lines in the future. Facts
and discussion will move from ‘what is’ to ‘what might or ought
to be’. Put plainly, the overall purpose is to inform, to speculate
a little and, most certainly, to encourage further enquiry and
debate. Polemics will be left to the user of the book.
Terror, terrorism and terrorists are words heard every day, every-
where. What they lack, though, whether in print or in spoken
usage is agreed, standard meaning. These terms are set in con-
texts that are generally disputable, vague, and contradictory.
Prejudgement, generalisation, even prejudice seem inescapable.
Terror has always been a personal reaction in the sense that
William Shakespeare used it in Richard III– ‘so full of dismal terror
was the time!’ In more modern years terror is commonly viewed
as a planned artifice by malevolent individuals or groups. Terrorism
demands urgent, collective action to counter it and to restore
secure normality. Countering it, though, risks our loss of freedom
and elemental human rights. Protection, yes, but at what price?