The initial responses to 9/11 engaged categorical questions about ‘war’, ‘terrorism’, and ‘crime’. Now the implementation of counter-terrorism law is infused with dichotomies – typically depicted as the struggle between security and human rights, but explored more exactingly in this book as traversing boundaries around the roles of lawyers, courts, and crimes; the relationships between police, military, and security agencies; and the interplay of international and national enforcement. The contributors to this book explore how developments in counter-terrorism have resulted in pressures to cross important ethical, legal and organizational boundaries. They identify new tensions and critique the often unwanted outcomes within common law, civil law, and international legal systems.

This book explores counter-terrorism measures from an original and strongly comparative perspective and delivers an important resource for scholars of terrorism laws, strategies, and politics, as well as human rights and comparative lawyers.

Contents:
PART I: CROSSING LEGAL BOUNDARIES IN CONCEPTUAL CATEGORIES
1. Countering Terrorism and Crossing Legal Boundaries
2. What does ‘Terrorism’ Mean?
3. The Fragility of Fundamental Rights in the Origins of Modern Constitutionalism: Its Negative Impact in Protecting Human Rights in the ‘War on Terror’ Era
4. Myths and Misunderstandings About Security, Rights and Liberty in the United Kingdom
PART II: CROSSING LEGAL BOUNDARIES FROM LIBERTY TO CRIME
5. Terrorism as a Criminal Offence
6. Freedom of Thought or ‘Thought-crimes’? Counter-terrorism and Freedom of Expression
7. Terrorism and Crimes against Humanity: Interferences and Differences at the International Level and their Projection upon Spanish Domestic Law
8. Safety Interviews, Adverse Inferences and the Relationship between Terrorism and Ordinary Criminal Law
PART III: CROSSING LEGAL BOUNDARIES IN CRIMINAL JUSTICE SYSTEMS
9. Critical Perspectives on the Evaluation of Counter-Terrorism Strategies: Counting Costs of the ‘War on Terror’ in Australia
10. The Right of Access to a Lawyer in Terrorist Cases
11. Erasing the Distinction between Anti-terrorist and Criminal Justice Measures in Ireland: Past and Present
PART IV: CROSSING LEGAL BOUNDARIES IN COUNTER-TERRORISM ORGANISATIONS
12. Cross-border Law Enforcement in the Area of Counter-terrorism: Maintaining Human Rights in Transnational Policing
13. Detention in Extremis: Transferring Lessons from Counter-terrorism Policing to Military Detentions
14. The Amplification and Melding of Counter-terrorism Agencies: From Security Services to Police and Back Again
Bibliography
Index