Terrorism and Anti-Terror Legislation: The Terrorised Legislator? A Comparison of Counter-Terrorism Legislation and Its Implications on Human Rights in the Legal Systems of the United Kingdom, Spain, Germany and France

by Oehmichen, Anna

• ISBN13: 9789050959568
• ISBN10: 9050959563
• Edition: 1st
• Format: Paperback
• Copyright: 2009-09-25
• Publisher: Intersentia

Summary

The present volume deals with terrorism, both the legislative reactions to it and its impact on human rights. It is argued that the preservation of human rights is vital for the prevention of terrorism, encompassing state and non-state terrorism alike. Further, the study shows that legislators tend to disregard fundamental human rights when confronted with terrorism. They are "terrorised" themselves by the incident and risk to overreact. After an historical account of selected (pseudo-?)terrorist movements throughout time and space, an inventory of anti-terror legislation in four European countries within the last forty years follows. In this context, the author examines the role of the judiciary with a special focus on the European Court of Human Rights in Strasbourg. As a result, we get a complex view on what happened with regard to terrorism and anti-terrorism in different European countries in the past and is happening at present, and what this means for human rights. This allows us to put contemporary anti-terror legislation into perspective. How have different governments dealt with terrorism in the past? How has the law developed after September 11th 2001? Which lessons can be learned, and what can we expect in the future?

Author Biography

Anna Oehmichen attended the universities of Trier and Alcalá de Henares (Spain) and obtained a Juris Doctorate (International and Comparative Criminal Law) from Leiden University in The Netherlands. She completed a legal clerkship at the International Criminal Court in The Hague and a traineeship with Europol in the same city. She spent parts of her practical training period at a Belgian criminal defense law office and held a placement at the German Foreign Ministry. During subsequent years, she worked as a research fellow at the Center for Criminology in Wiesbaden, the National Agency for the Prevention of Torture in Wiesbaden and at the University of Gießen (Department chaired by Prof.Thomas Rotsch). Dr. Oehmichen has worked with Knierim | Huber Rechtsanwälte since October 2011 and she has practiced law for the firm since August 2012. She holds memberships to the German Bar Association (DAV), Wirtschaftsstrafrechtliche Vereinigung e.V. (WisteV) and Forum Junge Anwaltschaft. Furthermore, she is associated with the European Criminal Bar Association and the International Criminal Defense Lawyers - Germany e.V.