This book asks whether human rights, since the 9/11 attacks and the 'war on terror,' are a luxury we can no longer afford, or rights that must always remain a fundamental part of democratic politics, in order to determine the boundary between individual freedom and government tyranny. This volume brings together leading international lawyers, policy-makers, scholars and activists in the field of human rights to evaluate the impact of the 'war on terror' on human rights, as well as to develop a counter-terror strategy which takes human rights seriously. While some contributors argue that war is necessary in defense of liberal democracy, others assert that it is time to move away from the war model towards a new paradigm based upon respect for human rights, an internationally-coordinated anti-terror justice strategy, and a long-term political vision that can reduce the global tensions that generate a political constituency for terrorists.
Introduction Richard Ashby Wilson; 1. Order, rights, and threats: terrorism and global justice Michael Freeman; 2. Liberal security Fernando Tesón; 3. The human rights case for the war in Iraq: a consequentialist view Thomas Cushman; 4. Human rights as an ethics of power John Wallach; 5. How not to promote democracy and human rights Aryeh Neier; 6. War in Iraq: not a humanitarian intervention Kenneth Roth; 7. The tension between combating terrorism and protecting civil liberties Richard Goldstone; 8. Fair trials for terrorists? Geoffrey Robertson; 9. Nationalizing the lcoal: comparative notes on the recent restructuring of political space Carol J. Greenhouse; 10. The impact of counter terror on the promotion and protection of human rights: a global perspective Neil Hicks; 11. Human rights: a descending spiral Richard Falk; 12. Eight fallacies about liberty and security David Luban; 13. Our privacy, ourselves in the age of technological intrusions Peter Galison and Martha Minow; 14. Are human rights universal in the age of terrorism? Wiktor Osiatynski; 15. Connecting human rights, human development and human security Mary Robinson; 16. Human rights and civil society in a new age of American exceptionalism Julie Mertus.
"Human Rights in the 'The War on Terror' is a pocket handbook of powerful thinking for policymakers, intellectuals, and engaged citizens grappling with the most elemental issues a democracy can face. Can a genuine commitment to human rights be part of an effective strategy to defeat a serious threat to national security? Can a nation treat its enemies in wartime consistently with its creed in peacetime? Are we fighting a war against terror or a war for our souls? Readers may disagree with some of the answers offered here, but they will find few better guides to navigating the questions."
"This is a timely collection of essays by an authoritative array of scholars and practitioners. It addresses the key issue of the post-9/11/2001 decade, that is, the reconcilability or otherwise of human rights with the need to confront high-profile or catastrophic terrorism. It also deals with aspects of the legality of the war in Iraq, notably, from the perspective of the controversial doctrine of humanitarian intervention. It provides much of interest to anyone concerned about these compelling questions."
Sir Nigel Rodley, UN Human Rights Committee, UN Special Rapporteur on Torture 1993-2001
"The book Human Rights in the 'War on Terror' is by far the most comprehensive and illuminating review of the titled subject matter published to date. The contributing authors represent many of the pre-eminent human rights legal scholars in the world. Their unprecedented, in-depth examinations of the issues reveal new insights on an old problem combating terrorism. Their collective message, however, is both indisputable and far-reaching: there is nothing contradictory between countering terrorism and upholding human rights."
Mark S. Ellis, Executive Director, International Bar Association
"This insightful book informs readers about the importance of preserving human rights as governments engage in the 'war on terror'. As governments seek to protect their citizens from terrorism, civil liberties and human rights can be challenged and restricted. Bringing together scholars and activists, this volume sets forth intelligent and persuasive arguments for why counter-terrorism policies must include respect for human rights principles."
Nadine Strossen, President, American Civil Liberties Union, and Professor of Law, New York Law School