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Publisher:
Cambridge University Press
Online publication date:
October 2021
Print publication year:
2021
Online ISBN:
9781108667029

Book description

Hostage-taking has increased in recent years and has become a problem of worldwide concern. Terrorists and pirates have used hostages in a rising number of incidents and the violence used has escalated alarmingly. Sofia Galani examines the taking of hostages from a victim's perspective, arguing that the international community has failed to protect them. By evaluating various international law concepts and frameworks, including jurisdiction in international law, state responsibility and international human rights law, Galani explains why we are still far from recognizing hostages as victims of human rights violations. She then addresses the question of what can be done to safeguard the human rights of hostages both in theory and practice. Being the first comprehensive study of the human rights of hostages, this book fills a critical gap in the literature for human rights lawyers and researchers in the field.

Reviews

‘This important book draws much-needed attention to the neglected human rights of hostages in international legal responses to hostage taking, particularly in countering terrorism and piracy. It deftly shows how the dominant framework of criminal suppression has paradoxically recognised the rights of perpetrators but not necessarily of victims, while state responsibility has focused largely on states’ not victims’ rights. It calls for victims to be protected through a human rights-centred approach, including by careful attention to its extraterritorial application. The book provides a rich account of doctrine, state practice, and policy, and stands out as the leading work in this area.’

Ben Saul - University of Sydney

‘The book adds a new critical perspective to the field. Its analysis of the jurisprudence is clear and informative, the discussion of the responsibilities and positive obligations of state and non-state actors is full of important insights and the analysis concerning preventive measures and safeguards is fascinating. This book is an outstanding piece of work.’

Silvia Casale - CMG, Former President of the CPT / Former Chairperson of the SPT

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