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Human Rights and the War on Terror
Dr Maurice MullardMalta 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 What is the case for detention
beyond 7 days 28 days 42 days
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
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
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
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
Changing Landscape of Expectations
Definition of Terrorism fails the Mandela Test – resistance to apartheid South Africa.
Problem of Surveillance Society Ambiguity Chilling Effect
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
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?
The Politics of Race and Migration
Nationalism and Identity Nation State boundaries and
Universal Human Rights Passing the Citizen Test
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
Politics of Hope
What is possible Hope about race and gender
reducing inequalities Living with transparency Tolerance for the other Cosmopolitan ethics