The Emerging Security Paradigm in the West: A Perspective from Southeast Asia

Ramraj, Victor V.

doi:10.1163/157181503772901887

Cited by 3 publications

(2 citation statements)

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“…These measures have received a new legitimizing discourse since 9/11. This combination of new powers and limited judicial review suggests that we may be in the midst of a fundamental shift in criminal and constitutional law from a paradigm of liberty to a paradigm of security (Ramraj, 2002). State migration controls lead to several paradoxical effects on human rights.…”

Section: Conclusion: the Right To Equality And The Role Of The Judiciarymentioning

confidence: 99%

International Migration: Security Concerns and Human Rights Standards

Crépeau

Nakache

Atak

2007

Transcult Psychiatry

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Over the last two decades, the reinforcement of security-related migration policies has resulted in the perception of the foreigner, and especially the irregular migrant, as a category outside the circle of legality. The rights of foreigners in host countries have deteriorated due to the connection made between immigration and criminality. Restrictions imposed upon irregular migrants' basic political and civil rights have been accompanied by major obstacles to their access to economic and social rights, including the right to health. The events of 9/11 further contributed to this trend, which contradicts the basic premises of the human rights paradigm. Recent policy developments and ongoing international cooperation implementing systematic interception and interdiction mechanisms have led to the securitization of migration. The preventive and deterrent measures reinforce the security paradigm. By contrast, various national and international actors have been successful in defending irregular migrants' rights. At the domestic level, the involvement of the judiciary and civil society enhances the rights-based approach to foreigners. The role of judges is vital in holding policy-makers accountable for respecting the high national standards of human rights protection. This article elaborates on the dichotomy between the state's legitimate interest to ensure national security, and its domestic and international obligations to protect human rights for all, including irregular migrants. It focuses on the changing relationship between migration and security, on the one hand, and between state and individual, on the other hand. It affirms the necessity to recognize the pre-eminence of fundamental rights upon security concerns.

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Section: Conclusion: the Right To Equality And The Role Of The Judiciarymentioning

confidence: 99%

International Migration: Security Concerns and Human Rights Standards

Crépeau

Nakache

Atak

2007

Transcult Psychiatry

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“…15 of 2003 concerning Stipulation of Government Regulations in place of Law No. 1 of 2002 on Combating Criminal Acts of Terrorism into Law (Ramraj 2003). The stipulation of the Act acts as a legal basis in the handling of criminal acts of terrorism.…”

Section: Introductionmentioning

confidence: 99%

The Principles of Islamic Law and the Deradicalization of Convicted Terrorists

Ipandang

Umiarso²

2022

CCS Journal

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In dealing with terrorism cases in Indonesia, the government must develop a strategy to eradicate terrorism, be it the ideology of the Islamic State of Iraq and Syria (ISIS) or other terrorism ideologies through awareness of the importance of human rights and deepening of the values of the Indonesian nation. This study uses a legal norms approach, namely identifying the applicable laws and regulations. The values of maqashid al-shari’a can be used as a rehabilitation concept through the changing the thinking of convicted terrorists. The maqashid al-shari’a approach will provide an understanding of Islamic Law that is more practical, realistic, flexible, and humanist. The values that can be applied in the rehabilitation process method adhere to the current maqashid values formulated by Jasser Auda, which are the development of the classical maqashid al-shari’a values developed by al-Syatibi.

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Human Rights and Non-discrimination in the ‘War on Terror’, by Daniel Moeckli. Oxford: Oxford University Press, 2008, xx + 261 + (index) 5pp (£60 hardback). ISBN 978-0-19-923980-1.

Türkşen

2009

Legal stud.

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The Emerging Security Paradigm in the West: A Perspective from Southeast Asia

Cited by 3 publications

References 0 publications

International Migration: Security Concerns and Human Rights Standards

International Migration: Security Concerns and Human Rights Standards

The Principles of Islamic Law and the Deradicalization of Convicted Terrorists

Human Rights and Non-discrimination in the ‘War on Terror’, by Daniel Moeckli. Oxford: Oxford University Press, 2008, xx + 261 + (index) 5pp (£60 hardback). ISBN 978-0-19-923980-1.

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