US Counterterrorism and the Human Rights of Foreigners Abroad: Putting the Gloves Back On?

This book explores why the US has introduced safeguards to prevent harm to non-US citizens beyond its territory, investigating five case studies on the right to not be tortured, detained arbitrarily, live, seek asylum, and privacy. It demonstrates that the emerging norm of states having human rights obligations towards foreigners constrains policy choices.

Format: Hardback
Length: 238 pages
Publication date: 23 February 2022
Publisher: Taylor & Francis Ltd

This comprehensive book delves into the compelling reasons behind the United States' implementation of safeguards to ensure that its counterterrorism policies do not inadvertently cause harm to non-US citizens beyond its territorial boundaries. Through a series of in-depth case studies, it explores the historical backdrop, legal considerations, and political motivations that led to the establishment of these protective measures. The book examines five critical areas where these safeguards have emerged, including the right not to be tortured, the right not to be arbitrarily detained, the right to life in the context of targeted killing operations, the right to seek asylum in connection with refugee resettlement, and the right to privacy in the face of foreign mass surveillance. By employing a multidisciplinary approach, the authors shed light on two fundamental mechanisms driving the United States' adoption of extraterritorial human rights safeguards. Firstly, they identify coercion as a key factor, emphasizing how the fear of international backlash and the need to maintain global legitimacy have compelled the US to adopt these measures. Secondly, they highlight strategic learning as another important driver, emphasizing how the US has observed and learned from the experiences of other countries, particularly those that have faced human rights violations, to refine its own policies and practices.

The book's findings have significant implications for scholars and students of human rights, counterterrorism, US foreign policy, human rights law, and political science. It provides a valuable resource for understanding the complex dynamics between national security, international law, and human rights, challenging traditional narratives and offering new insights into the evolving landscape of global governance.

In conclusion, this book is a must-read for anyone interested in exploring the complex relationship between the United States, non-US citizens, and the protection of human rights. It offers a comprehensive and insightful analysis of the historical, legal, and political factors that have shaped the development of extraterritorial human rights safeguards, and provides valuable insights into the ongoing challenges and opportunities facing policymakers and practitioners in this field.

Dimension: 234 x 156 (mm)
ISBN-13: 9781032150185