International Law Review

International Law Review

Safeguarding Human Rights of the Accused in Counter-Terrorism Measures: Reconciling National Security with Civil Liberties

Document Type : academic

Authors
Elham Janfada 1
mohammad ali taheri bojd 2
Seyed Hasan Hashemi 2
1 PhD student in criminal law and criminology, Department of Law, Bi.C. Islamic Azad University, Birjand, Iran.
2 Assistant Professor, Department of Law, Bi.C., Islamic Azad University, Birjand, Iran.
10.22066/cilamag.2024.2010011.2437
Abstract
Following the events of September 11, 2001, the international community has confronted the emergence of a novel paradigm known as the "Global War on Terrorism." This framework has disrupted the equilibrium between human rights and national security, resulting in significant ramifications: it has not only compromised the fundamental rights of citizens but also adversely affected the basic rights of individuals suspected or accused of terrorist offenses. Governments engaged in counter-terrorism efforts bear the responsibility of maintaining a delicate balance between effective law enforcement and the safeguarding of civil liberties. While the existence of terrorism as a formidable threat is widely acknowledged, the protection of human rights - particularly the rights of the accused in anti-terrorism operations - remains paramount. There exists a consensus that, in the pursuit of counter-terrorism, all lawful means should be employed to prevent such crimes, with efforts to neutralize threats supporting the tenets of human rights. However, the central issue pertains to the precision and legality of these measures. This study aims to examine the challenges inherent in reconciling the respect for and protection of human rights with the imperative to combat terrorism, with a specific focus on the rights of the accused. The findings indicate that responses to terrorism must uphold the rule of law; neglecting human rights in the fight against terrorism risks creating an environment conducive to the proliferation of terrorism.
Keywords
Human Rights
Terrorist crimes
Anti-terrorist strategies
Order and security
Freedoms

Subjects

  1. - Articles

    1. Abbasi, Ishrat, and Mukesh Kumar Khatwani. "An overview of the political theories of terrorism." IOSR Journal of Humanities and Social Science19, no. 8 (2014): 103-107.
    2. Cinoglu, Huseyin. "Terrorism, international migration and border control." European Scientific Journal9, no. 20 (2013).
    3. Fabbrini, Federico. "The European Court of human rights, extraordinary renditions and the right to the truth: Ensuring accountability for gross human rights violations committed in the fight against terrorism." Human rights law review14, no. 1 (2014): 85-106.
    4. Ghasemi, Gholamali, and Sajjad Bagherzadeh. "The Status of Human Rights in the Fight against Cyber-Terrorism." International Law Review 32, no. 52 (2015): 227-254. (In Persian)
    5. Kadkhodai, Abbas Ali, Ehsan Shahsavari, and Bahman Saedi. "Analysis the content of the Zionist regime policy of targeted killings in the light of fundamental principles of international humanitarian law." Jurisprudence and Islamic Law8, no. 14 (2017): 133-165. (In Persian)
    6. Kielsgard, Mark D. "A human rights approach to counter-terrorism."  W. Int'l LJ36 (2005): 249.
    7. Marsavelski, Aleksandar. "The crime of terrorism and the right of revolution in international law."  J. Int'l L.28 (2012): 243.
    8. Mostaghimi, Bahram, and Rouhollah Ghaderi Kangavari. "The Violation of Human Rights and Broadening Terrorism." Political Quarterly41, no. 1 (2011): 251-270. (In Persian)
    9. Mousazadeh, Mahdi. “Human rights challenges in the light of security theories of criminology.” Quarterly of Law, Science and Advocacy 1, no.1, (2017). (In Persian)
    10. Rix, Mark. "Counter-terrorism and information: The NSI Act, fair trials, and open, accountable government." Continuum: Journal of Media & Cultural Studies25, no. 02 (2011): 285-297.
    11. Sitaropoulos, Nicholas. "The role and limits of the European Court of Human Rights in supervising State security and anti-terrorism measures affecting aliens’ rights." In Terrorism and the Foreigner, pp. 85-120. Brill Nijhoff, 2007.
    12. Walker, Clive. "The reshaping of control orders in the United Kingdom: Time for a fairer go, Australia!." Melbourne University Law Review37, no. 1 (2013): 143-188.
    13. Sandoz, Yves, and Translated By Hassan Savari. "Lutte contre le terrorisme et droit international: risques et opportunités." International Law Review20, 29 (2003): 331-382.
    14. Zamani, Seyed Ghasem. "International Standards of Human Rights and Fight against Terrorism." Journal of Legal Research4, no. 8 (2005): 41- (In Persian)
    15. Zöller, Verena. "Liberty dies by inches: German counter-terrorism measures and human rights." German Law Journal5, no. 5 (2004): 469-494.

     

    - Cases

    1. ECHR, Al-Nashif v. Bulgaria, June 20, 2002, paras.123-124.
    2. Inter-American Court of Human Rights, Castillo Petruzzi et al Case, Judgment of May 30, 1999, paras. 128-131.
    3. ECHR, Chahal v. The United Kingdom, November 15, 1996, para.79.
    4. ECHR, El-Masri v. Former Yugoslav Republic of Macedonia, Application N 39360/09.
    5. ECHR, Gunay v. Turkey, Merits, Application No. 31596/07, Judgment of February 17, 2015.
    6. Haneef v. State, 149 So. 3d 25 (Fla. Dist. Ct. App. 2014).
    7. ECHR, Nada v. Switzerland, Merits, Application No. 10593/08, Judgment of September 12, 2012, para. 196.
    8. Inter-American Commission on Human Rights, Neira Alegria et al. v. Peru, Series C, No. 20, January 19, 1995, paras. 74-75.
    9. ECHR, Yassin Abdullah Kadi and Al Barakaat International Foundation v. Council and Commission, Judgment of September 3, 2008.

     

    - Reports

    1. Office of the United Nations High Commissioner for Human Rights. Toolkit on Strengthening Human Rights in Counter-Terrorism Strategy and Policy. Published May 30, 2024. https://www.ohchr.org/en/documents/ tools-and-resources/ohchr-toolkit-strengthening-human-rights-counter-terrorism-strategy.
    2. United Nations. Fact Sheet No. 32: Terrorism and Counter-Terrorism. July 1, 2008. https://www.ohchr.org/en/publications/fact-sheets/fact-sheet- no-32-terrorism-and-counter-terrorism.
    3. United Nations. Technical Recommendations on Human Rights & Counter-Terrorism for the 7th Biennial Review of the Global Counter-Terrorism Strategy (A/RES/72/284). https://www.ohchr.org/sites/default/ files/Documents/Issues/Terrorism/SR/GlobalStrategy/TechnicalRecommendations.pdf.

  • Receive Date 24 August 2023
  • Revise Date 12 August 2024
  • Accept Date 20 August 2024