This book examines why the United States has introduced safeguards that are designed to prevent their counterterrorism policies from causing harm to non-US citizens beyond US territory. It investigates what made US policymakers take steps to "put the gloves back on" through five case studies on the emergence of such safeguards related to the right not to be tortured, the right not to be arbitrarily detained, the right to life (in connection with targeted killing operations), the right to seek asylum (in connection with refugee resettlement), and the right to privacy (in connection with foreign mass surveillance). The book exposes two mechanisms – coercion and strategic learning – which explain why the United States has introduced what the authors refer to as "extraterritorial human rights safeguards", thus demonstrating that the emerging norm that states have human rights obligations towards foreigners beyond their borders constrains policy choices. This book will be of key interest to scholars and students of human rights, counterterrorism, US foreign policy, human rights law, and more broadly to political science and international relations.
Author(s): Monika Heupel, Caiden Heaphy, Janina Heaphy
Series: Routledge Studies In Human Rights | 5
Edition: 1
Publisher: Routledge | Taylor & Francis Group
Year: 2022
Language: English
Commentary: TruePDF
Pages: 253
Tags: Terrorism: United States: Prevention: Moral And Ethical Aspects; Terrorism: Prevention: Law And Legislation: United States; International Law And Human Rights: United States; United States: Foreign Relations: 21st Century
Cover
Half Title
Series Page
Title Page
Copyright Page
Table of Contents
List of figures
List of tables
Preface
List of abbreviations
Chapter 1 US counterterrorism and extraterritorial human rights obligations
Introduction
State of the art
Theory
Research design
Results
Broader implications
Plan of the book
Notes
References
Chapter 2 Studying the emergence of “extraterritorial human rights safeguards”: Theory and research design
Introduction
Mechanisms of social influence
Conceptualization
Enabling conditions
Method
Case selection
Sources
Conclusion
Notes
References
Chapter 3 Detainee treatment, interrogations, and the right not to be tortured
Introduction
Toward the Detainee Treatment Act of 2005
Toward Executive Order 13491: Ensuring Lawful Interrogations and the McCain–Feinstein Amendment to the NDAA 2016
The safeguards during Trump’s presidency
Conclusion
Notes
References
Chapter 4 Military detention in Guantánamo and the right not to be arbitrarily detained
Introduction
Toward the Military Commissions Act of 2009
Toward Executive Order 13567 – Periodic Review of Individuals Detained at Guantánamo Bay Naval Station Pursuant to the Authorization for Use of Military Force
The safeguards during Trump’s presidency
Conclusion
Notes
References
Chapter 5 Targeted killing and the right to life
Introduction
Toward Presidential Policy Guidance – Procedures for Approving Direct Action against Terrorist Targets Located outside the United States and Areas of Active Hostilities
Toward Executive Order 13732 – United States Policy on Pre- and Post-Strike Measures to Address Civilian Casualties in U.S. Operations Involving the Use of Force
The safeguards during Trump’s presidency
Conclusion
Notes
References
Chapter 6 Refugee resettlement and the right to seek asylum
Introduction
Toward the Leahy-Kyl Amendment to the CAA 2008
The safeguards during Obama’s and Trump’s presidencies
Conclusion
Notes
References
Chapter 7 Foreign surveillance and the right to privacy
Introduction
Toward Presidential Policy Directive 28 – Signals Intelligence Activities
Toward the EU–US Privacy Shield Framework Principles
The safeguards during Trump’s presidency
Conclusion
Notes
References
Chapter 8 The power of “universal human rights”: Results and implications
Introduction
Results
Theoretical implications
Broader empirical trend
Avenues for future research
References
Appendix: Interviews
Index
