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

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Presentation transcript:

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  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

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