Administrative Measures in Counter-Terrorism and the Protection of Human Rights

Forthcoming, Security and Human Rights

ASSER Research Paper No 2017–01

21 Pages Posted: 18 Apr 2017 Last revised: 16 Nov 2018

Date Written: April 1, 2017

Abstract

This article analyses the increasing use of administrative measures, such as travel bans and control orders, in the counter-terrorism context. On the basis of a review of the use of these measures in three selected states (the United Kingdom, France, and the Netherlands), the paper provides a critical assessment of the use of administrative measures in counter-terrorism. It identifies in which situations it might be justified to use administrative measures, and assesses the impact of the use of these measures on the protection of human rights. In conclusion, the paper recommends to establish limits and safeguards around the use of administrative measures in counter-terrorism.

Keywords: international law, human rights, counter-terrorism, administrative measures, due process, preemptive measures

JEL Classification: K1, K10, K14, K3, K33, K42, N4, N40, N44

Suggested Citation

Boutin, Berenice, Administrative Measures in Counter-Terrorism and the Protection of Human Rights (April 1, 2017). Forthcoming, Security and Human Rights; ASSER Research Paper No 2017–01. Available at SSRN: https://ssrn.com/abstract=2954541

Berenice Boutin (Contact Author)

T.M.C. Asser Instituut ( email )

P.O. Box 30461
2500 GL The Hague, 2517JN
Netherlands

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