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Downloaded from Elgar Online at 09/26/2021 02:12:19PM Via Free Access Index 687 Index Abbott, K 44, 640 Alston, P 223, 226, 234–5, 325, 634 Abou Chakra, B 130 Alvarez, J 324 Abresch, W 291 Ambos, K 10, 11, 13, 14, 16–30, 246, 386, 589, Abuza, Z 671, 672 595, 597 accountability Amicelle, A 583 rule of law, human rights law 314, 315, An-Na‘im, A 175 324, 325, 331, 332–4 Anderson, D 252, 387, 393, 452, 459 surveillance and privacy 418, 419, 420 Andreopoulos, G 576, 584 torture see torture of terrorists post-9/11, Annoni, A 13 investigation, punishment and anti-social behaviour orders 451 see also special accountability measures and control orders ‘accumulation of events’ theory, use of force and Antonopoulos, C 74 self-defence 186 APEC (Asia-Pacific Economic Cooperation Africa, Organization of African Unity see Forum) 676–7 Organization of African Unity (OAU) apologie (glorification) of terrorist acts, freedom African Charter on Human and Peoples’ Rights 488 of expression 325–6, 406 African Commission on Human and Peoples’ Aradau, C 291 Rights Arbour, L 286 DRC v Burundi, Rwanda and Uganda armed conflict 321, 322 force (jus ad bellum), use of 181, 182, Media Rights Agenda and Constitutional 184, 185–6, 187, 190 Rights Project 327 human rights law 331–2 Mohammed Al-Asad v Republic of humanitarian law see under Djibouti 352 humanitarian law Aksenova, M 4, 482 International Criminal Court (ICC) Al-Qaeda and ISIS 61, 94, 97–8, 103, 177, 379, 671 and war crimes 271, 272, 274, 275, aviation and Islamic State rise effects 53–4 276–7, 278–9 EU and Council of Europe response to international law of belligerent terrorism 621–2, 623, 624 occupation 210–11, 212–13, 214–15, humanitarian law 196, 197, 199–200 216, 217, 219–20 International Criminal Court (ICC) and refugee law 424–5, 429 war crimes 271 self-determination violence 291–3 military courts see military courts and targeted killings under international law Guantanamo Bay Military Jurisdiction 227, 228, 231, 233–4 torture of terrorists post-9/11 357 transnational crime and terrorism, legal transnational crime 141–4, 148, 149, nexus between 146–7, 149–50, 152 152, 155 war crimes 271, 272, 274, 275, 276–7, UN counter-terrorism coordination 278–9 challenges 600, 603 Armstrong, A 227 UN Security Council 1267 see UN Arnold, R 2, 271–84 Security Council Resolution 1267 Asada, M 297 (ISIL and Al-Qaida) sanctions regime ASEAN see regional legal responses to see also Islam and terrorism terrorism in Asia and the Pacific, ASEAN Aldisert, R 23 (Association of South East Asian Nations) Aldrich, G 201 Ashour, O 545 Alexander, Y 10 Ashworth, A 451 Ali, S 168, 171, 174 Asia and the Pacific, regional legal responses see Allen, C 61 regional legal responses to terrorism in Allison, G 95 Asia and the Pacific 686 Ben Saul - 9781788972222 Downloaded from Elgar Online at 09/26/2021 02:12:19PM via free access Index 687 Aslam, M 158 UN Convention for the Suppression of Aston, C 496 Unlawful Seizure of Aircraft 54, 58–9 asylum seekers see under migrants UN Office on Drugs and Crime (UNODC) attributable conduct, state responsibility law Terrorism Prevention Branch, technical 32–3, 37–41 assistance activities 522–3 Atwell, J 47–59 UN Security Council Resolutions Aust, A 498 (UNSCRs) 52–4, 58 Australia see also maritime terrorism; travel investigative hearings and judicial restrictions supervision 467 aviation, Beijing Convention 55–8, 59 special measures and control orders see ancillary and inchoate offences 56–7 special measures and control orders, conspiracy offence 57 Australia measures fair treatment provisions 55 standing judicial inquiries 471–2 jurisdiction 57–8 Australia, cases new principal offences 55–6 Al Kateb v Godwin 451 Safety of Maritime Navigation (SUA) Gaughan v Causevic 456–7 Convention 56 Leghaei v Director-General of Security transport offence 55, 56 390, 462, 476 Axelrod, R 44 Nulyarimma v Thompson 18 R v Benbrika 390 Badr, G 641 R v Kirby; Ex parte Boilermakers’ Baker, M 626 Society of Australia 454 Bali Bombings 671 Sagar v O’Sullivan 462 Balkin, R 69 Saleam v Commissioner of Police, New balloon effect, UN counter-terrorism coordination South Wales 473 challenges 607–11 Thomas v Mowbray 454, 455, 457, 462 bank secrecy issues, financing of terrorism 99, Austria, Georg K v Ministry of the Interior 431 101, 102 aut dedere aut judicare (prosecute or extradite Banks, B 567 principle) 35–7, 48–9, 51–2, 55, 113, Bantekas, I 17, 97–108 115–17, 484, 631–2 Barnidge, R 34–5 aviation 47–59 Barth, K 561 Civil Aviation Convention 87, 151–2, Bassiouni, M 3, 10, 20, 35, 175, 631, 641 153–4 Baumann, C 626 Hague Convention and multiple and Baxter, R 4, 181 concurrent jurisdiction 49–50, 51, 52 Becker, M 77 hijackings 47–8, 49, 52 Becker, T 34, 186 hostage taking 52 Begorre-Bret, C 4, 10, 11, 13 International Civil Aviation Organisation Beijing Convention, and aviation see aviation, (ICAO) 50, 52, 53–4, 56, 58, 522–3 Beijing Convention international conventions 48–50 Belgium, Castle John v NV Mabeco and NV Islamic State rise effects 53–4 Parfin 28 Montreal Convention 49, 51, 52, 57 Beliaev, I 9 nuclear, chemical and biological Bellal, A 28 weapons use 55, 56, 87 Bennoune, K 159 passenger name recognition (PNR) data Benvenisti, E 355, 364 53–4, 59 Beres, L 593 prosecution or extradition proceedings Bergin, A 72 48–9, 51–2, 55 Bergquist, A 336 sabotage 47, 50 Berry, S 178 state involvement in terrorism Bertelsen, P 543 prevention 53–4 Bethlehem, D 180, 183, 185, 190, 356 technical security measures 54 Bianchi, A 2, 193, 197, 212, 214, 554, 582 Tokyo Convention 48–9 Bibes, P 144 Biersteker, T 562 Ben Saul - 9781788972222 Downloaded from Elgar Online at 09/26/2021 02:12:19PM via free access 688 Research handbook on international law and terrorism black sites 259–60, 265, 269, 338–9 quasi-judicial bodies 472 Blackbourn, J 387, 449–64 threat disruption and prevention and Blokker, N 639, 652 judicial supervision 468–9 Bloom, M 158 Canada, cases Bobbit, P 620, 624 Abdelrazik v Canada (Foreign Affairs) Boister, N 19, 138, 145 314, 555, 607 Boko Haram in West Africa 545–6, 547 Aleksic v Canada 478 Bonner, D 458, 459 Arar Commission of Inquiry 348, 445, Boothby, B 232 473, 474 Borelli, S 336–53, 443 Canada (Attorney General) v Ader 474 Bosch, O 67 Canada (Attorney General) v Al Bossong, R 620 Telbani 474 Bosworth-Davies, R 295 Canada v Kempo 473 Bothe, M 76, 228, 292 Canada v Khadr 208 Bottigliero, I 479–91 Canada v Ribic 477 Boukrif, H 663 Charkaoui v Canada (Citizenship and Boulden, J 183, 493–505 Immigration) 475, 478 Bourloyannis-Vrailas, C 305, 502 Conférence des juges de paix magistrats Boutin, B 250 du Québec v Quebec (Attorney Bovenkerk, F 130 General) 466 Bowen, W 87 Pushpanathan 432 Braber, I 9 R v Khawaja 392 Brach, R 626 Salibian v MEI 425 Braddock, K 543 Soltanizadeh v Canada (Citizenship and Bradlow, D 302 Immigration) 473 Braun, K 575 Zrig v Canada (Minister of Citizenship breach of international obligation, state and Immigration) 433 responsibility law 33–7 Cancio Meliá, M 28, 29 Breau, S 234 Capone, F 243 Breuner, L 136, 144 cargo seizures, maritime terrorism 61 Brilmayer, L 288 Caroline incident 187–9, 190, 226–7 Brody, R 359, 366 Carter, A 80, 94 Brookes, P 98 Cassese, A 10, 14, 16, 17, 18, 19, 20, 21, 22, 30, Brooks, R 162 65, 295, 296, 425, 594 Brown, K 166 Cerna, C 634 Brownlie, I 34, 37, 224, 535, 596 Cerone, J 646 budgetary constraints, UN Security Council Chacón, J 165 Resolution 1373 582–3, 585–7 Chadwick, E 285–99 Bunn, G 82 Charlesworth, H 158, 162 Bunn, M 87 Chaudieu, K 583 Burke White, W 12 chemical weapons see nuclear, chemical and Burton, L 463 biological terrorism Byers, M 61 Chen, H 684 Byman, D 39, 337 Cherney, A 543, 544 Chesterman, S 411–22, 578 Cameron, I 551, 552, 554 Cheung, G 669–85 Canada child recruitment and exploitation 243–4, 524 disclosure principles 475 Chimimba, T 584 investigative hearings and judicial Chin, V 140, 141, 142 supervision 467–8 Chinkin, C 158 judicial review through inquiries, ad hoc Chongkittavorn, K 673 inquiries 470–71 Chowdhury Fink, N 160, 253, 537, 538, 541, prolonged detentions and judicial 546, 548 supervision 468 Chuang, J 165 Chugani, S 98 Ben Saul - 9781788972222 Downloaded from Elgar Online at 09/26/2021 02:12:19PM via free access Index 689 CICTE (Inter-American Committee on Terrorism) Organization of American States (OAS) 627, 629–30, 634 and legal response to combating citizens and migrants, difference between 437 terrorism 631–2 citizenship deprivation, foreign fighters 250–52 Organization of Islamic Cooperation (OIC) Civil Aviation Convention 87, 151–2, 153–4 see and legal response to terrorism 644 also aviation redress for victims of terrorist acts and civil law international political climate 481–2 democracies and judicial supervision of UN Security Council Resolution 1373 anti-terrorism laws 469 and counter-terrorism obligations on extraordinary rendition programme, states 568–70, 578, 583–4, 586–7 seeking redress 342–4 Corten, O 32, 180, 186 torture of terrorists 368–9 Cortright, D 551, 554, 580 see also common law Council of Europe response to terrorism see civil society involvement 526, 543–4, 548 EU and Council of Europe response to civilian involvement terrorism foreign fighters 242–3 Cragin, K 158 humanitarian law 194, 201–2, 205, 242–3 Crawford, E 201, 223–38 targeted killings under international law Crawford, J 32, 44, 288 228–32 Crime Prevention Through Sports Initiative 525–6 classification screening, military courts 265, crimes against humanity 281, 355–6, 425, 428, 267–8, 269 429, 434 see also war crimes Claude, I 505 criminal law Clayton, G 438 customary international law 16–17, clean teams,
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