Fresh Perspectives on. the. War on Terror
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1 Fresh Perspectives on the War on Terror
2
3 Fresh Perspectives on the War on Terror Miriam Gani Penelope Mathew (editors)
4 Published by ANU E Press The Australian National University Canberra ACT 0200, Australia anuepress@anu.edu.au This title is also available online at: National Library of Australia Cataloguing-in-Publication entry Title: ISBN: Subjects: Fresh perspectives on the war on terror / editors Miriam Gani, Penelope Mathew (pbk.) (web) Terrorism. War on Terrorism, National security--law and legislation. Islam and world politics. Other Authors/Contributors: Gani, Miriam. Mathew, Penelope. Dewey Number: All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover design by Teresa Prowse Cover image: Eye of the Storm by Sven Geier. Available from fractals/02/eye%20of%20the%20storm.jpg Printed by University Printing Services, ANU This edition 2008 ANU E Press
5 Table of Contents Acknowledgements Contributors Table of Cases Table of Statutes Table of International Instruments Chapter 1. Introduction: Letters from the Front 1 Miriam Gani and Penelope Mathew Part One Identifying the Threat and Choosing the Weapons vii ix xi xv xix Chapter 2. Islam and the Politics of Terrorism: Aspects of the British Experience 9 John Strawson Chapter 3. Another Modest Proposal: In Defence of the Prohibition against Torture 27 Desmond Manderson Chapter 4. Protecting Constitutionalism in Treacherous Times: Why Rights Don t Matter 45 W Wesley Pue Part Two Preparing the Ground: Balance, Proportionality, and Public Perceptions Chapter 5. Balancing Security and Liberty: Critical Perspectives on Terrorism Law Reform 65 Simon Bronitt Chapter 6. Lay Perceptions of Terrorist Acts and Counter-Terrorism Responses: Role of Motive, Offence Construal, Siege Mentality and Human Rights 85 Mark Nolan Chapter 7. The Proportionality Principle in the Context of Anti-Terrorism Laws: An Inquiry into the Boundaries between Human Rights Law and Public Policy 109 Christopher Michaelsen Part Three Rules of Engagement: Beyond the Limits of the Law Chapter 8. More Law or Less Law? The Resilience of Human Rights Law and Institutions in the War on Terror 127 Andrew Byrnes v
6 Fresh Perspectives on the War on Terror Chapter 9. Black Holes, White Holes and Worm Holes: Pre-emptive Detention in the War on Terror 159 Penelope Mathew Chapter 10. Forgiving Terrorism: Trading Justice for Peace, or Imperiling the Peace? 189 Ben Saul Part Four Reports from Two Theatres of War: Legislation, Sanctions and Prosecutions in Europe and Australia Chapter 11. The European Union as a Collective Actor in the Fight against Post-9/11 Terrorism: Progress and Problems of a Primarily Cooperative Approach 209 Jörg Monar Chapter 12. The European Union, Counter-Terrorism Sanctions against Individuals and Human Rights Protection 235 Gabriele Porretto Chapter 13. How Does it End? Reflections on Completed Prosecutions under Australia s Anti-Terrorism Legislation 269 Miriam Gani Chapter 14. Executive Proscription of Terrorist Organisations in Australia: Exploring the Shifting Border between Crime and Politics 297 Russell Hogg Part Five Calling a Halt: The Role of Bills of Rights Chapter 15. Strapped to the Mast: The Siren Song of Dreadful Necessity, the United Kingdom Human Rights Act and the Terrorist Threat 327 Colm O Cinneide Chapter 16. The ACT Human Rights Act 2004 and the Commonwealth Anti-Terrorism Act (No 2) 2005: A Triumph for Federalism or a Federal Triumph? 361 Andrew Byrnes and Gabrielle McKinnon Bibliography 379 Acronyms and Abbreviations 413 Index 415 vi
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