Assessing Damage, Urging Action vii Ta b le o f C o n t e n t s Introduction: Setting the context Chapter One: Human Rights versus Security? 5 16 1. Introduction 16 2. Can the human rights system accommodate emergencies? 18 3. Can respect for human rights actually assist counter-terrorist efforts? 21 4. Does the contemporary terrorist threat require exceptional responses? 22 5. Conclusions: human rights 24 Chapter Two: Learning from the Past 1. Introduction 26 26 2. Are past experiences relevant to today’s counter-terrorism efforts? 27 2.1 The exceptionalism argument 27 2.2 Back to the future? 27 2.3 Past threats of terrorism were also very serious  28 2.4 Past threats of terrorism were often long-lasting 28 2.5 Much of the current threat is a continuation of past threats 29 2.6 Many current counter-terrorism laws and practices are similar to those in the past 30 3. Military responses to terrorism 30 3.1 The “national security doctrine”  31 3.2 Military and special courts 34 4. Special counter-terrorism laws 36 4.1 Defining terrorist offences 37

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