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Human Rights and the War on Terror

Human Rights and the War on Terror. Dr Maurice Mullard Malta Lectures. UK Terror Legislation. TA 2000 and TA 2006 define Terrorism, stop and search, detention, glorification of terror. Is there a trade off between human rights and security? ECHR HRA 1998 derogation

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Human Rights and the War on Terror

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  1. Human Rights and the War on Terror Dr Maurice Mullard Malta Lectures

  2. UK Terror Legislation • TA 2000 and TA 2006 define Terrorism, stop and search, detention, glorification of terror. • Is there a trade off between human rights and security? • ECHR HRA 1998 derogation • What is the case for detention beyond 7 days 28 days 42 days

  3. Need for Independent Judiciary • Pillar of democracy –rule of law • Law is not about the wishes of majorities • Privacy property rights • Balance of Politics Parliament and judges

  4. US Responses after 9/11 • Declaring War on Terror move beyond a criminal model to war model • Holding Terror suspects defining enemy combatants harsh interrogation • Suspension of habeas corpus • American Justice system

  5. Obama Responses • Close Guantanamo Bay • Resistance of Republican Senators to bring detainees to their own states • Images of US after Abu Ghraib • UK admission to rendition • The case of Benyan Mohammed

  6. FISA 1978 and wiretaps without warrants • Aftermath of Vietnam Martin Luther King surveillance FISA required judicial approval • War on Terror secret wire taps undermined FISA • Role of telephone companies and problems of liability

  7. Changing Landscape of Expectations • Definition of Terrorism fails the Mandela Test – resistance to apartheid South Africa. • Problem of Surveillance Society • Ambiguity Chilling Effect

  8. Conflating the War on Terror with Race and Immigration • Muslim communities the failure to integrate • Immigration a major political issue in the USA concern with illegal immigration mainly Hispanic • Changing landscape in Europe gypsy communities in Italy • Muslim communities in Denmark and the Netherlands

  9. Globalisation and Migration • What are the Economics of Immigration? • Global Labour markets • Demography in OECD Countries • Nature of EU Migration • Do Migrants have Human Rights?

  10. The Politics of Race and Migration • Nationalism and Identity • Nation State boundaries and Universal Human Rights • Passing the Citizen Test

  11. Politics of Fear • Politics of Fear to seek the security state – surveillance priority to be safe • safe communities worry about the stranger – Demonise the other • Success of Political parties

  12. Politics of Hope • What is possible • Hope about race and gender reducing inequalities • Living with transparency • Tolerance for the other • Cosmopolitan ethics

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