In the Name of Security: Counter-Terrorism, National Security and Human Rights

2010 ◽  
Author(s):  
Ipshita Sengupta
Keyword(s):  
Human Rights ◽  
National Security ◽  
Counter Terrorism

Towards a Right to Sustainable Security of Person in Times of Terrorism? Assessing Possibilities and Limitations Through a Critical Evaluation of Citizenship Stripping and Non-Repatriation Policies

2020 ◽  
Author(s):  
Christophe Paulussen
Keyword(s):  
Human Rights ◽  
National Security ◽  
Case Studies ◽  
Critical Evaluation ◽  
General Concept ◽  
Counter Terrorism ◽  
Policy Level ◽  
Foreign Fighters ◽  
Ordinary Citizens

Abstract On the basis of the case studies of deprivation of nationality and the non-repatriation and possible prosecution of foreign fighters and their families, this article will argue that some counter-terrorism measures, adopted under the justification of protecting national security, will not make these countries, and thus also the individuals under its jurisdiction, safer. Hence, it is wondered whether the notion of national security is both spatially and temporally still in sync with the hyperconnected world in which we live and in which terrorists operate—and whether it is not better to move to the adoption of the broader concept of sustainable security. This article will then turn to the question of whether ordinary citizens (or NGOs litigating on their behalf) could use their existing right to security of person to block those inefficient measures and if not, whether they should be able to operationalise the concept of sustainable security in the human rights context. The article will assert that while the general concept of sustainable security can certainly help at the policy level in encouraging governments to move away from mere national security thinking and thus assist in adopting counter-terrorism measures that provide true, durable security, the situation is different at the level of human rights. The existing right to security of person arguably does not go that far to be able to block the inefficient counter-terrorism measures as discussed in this article and an extension of this right, to a right to sustainable security of person, should not be pursued.

scholarly journals Targeted Killings

2016 ◽  
Vol 4 (10) ◽  
pp. 229-243
Author(s):  
DAMAS DANIEL NDUMBARO
Keyword(s):  
Human Rights ◽  
National Security ◽  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Contemporary Society ◽  
Targeted Killing ◽  
Human Rights Abuses ◽  
Counter Terrorism

Though International Criminal Law evolves, its evolution needs a careful, considered and consensus among its members through either customs, treaty or other recognized source of international law. The emergence of targeted killings is not clear whether it is a legally accepted counter terrorism policy or a form of extra-judicial killing, thus leaving the jurists undecided; either to criminalize or embrace it as a defence in international criminal law. In a bid to protect national security, many governments have intensified the efforts to counter the terrorists’ threats and attacks. Resorting to employing target killings is one of such attempts of counterterrorism that has created a sharp divide between those who support and those who oppose targeted killings by contending that it is resplendent with numerous human rights abuses. This paper discusses the extent to which targeted killing has been applied in the contemporary society, the arguments for and against, as well as its legality and legitimacy under international law.

PKK-Related Asylum Applications from Turkey

2018 ◽  
pp. 117-142
Author(s):  
Arzu Güler
Keyword(s):  
Human Rights ◽  
National Security ◽  
Zero Tolerance ◽  
Public Order ◽  
Refugee Status ◽  
Strict Adherence ◽  
Counter Terrorism ◽  
Zero Tolerance Policy ◽  
Terrorist Organization ◽  
Definition Of

More than forty thousand people in Turkey lost their lives because of PKK terrorist organization. While fighting against PKK since 1984, it is necessary for Turkey to limit some rights of PKK-related people through arrest, detention and interrogation for the pressing objectives of national security, territorial integrity and public order. Based on such limitations, there are PKK-related asylum applications from Turkey. However, these asylum applicants are quite restrictively excluded from refugee status and are commonly found as credible witnesses for their well-founded fear of persecution mainly for reason of political opinion. This paper questions the reasons that make such applicants granted refugee status by examining six case laws with positive decisions. It identifies two reasons, first, restrictive application of exclusion clauses and second, the subjectivity in the understanding of ‘necessary', which is one of the required conditions to limit human rights. Then, it provides three tentative suggestions for Turkey to enable applicants aiding and/or funding PKK to be excluded from refugee status and to prevent its counter-terrorism measures to be perceived as persecution by countries of asylum: a universally accepted definition of what constitutes terrorist offences, a stronger international presentation of counter-terrorism measures as necessary in a democratic society and a strict adherence to zero tolerance policy on torture.

PKK-Related Asylum Applications from Turkey

2019 ◽  
pp. 426-445
Author(s):  
Arzu Güler
Keyword(s):  
Human Rights ◽  
National Security ◽  
Zero Tolerance ◽  
Public Order ◽  
Refugee Status ◽  
Strict Adherence ◽  
Counter Terrorism ◽  
Zero Tolerance Policy ◽  
Terrorist Organization ◽  
Definition Of

More than forty thousand people in Turkey lost their lives because of PKK terrorist organization. While fighting against PKK since 1984, it is necessary for Turkey to limit some rights of PKK-related people through arrest, detention and interrogation for the pressing objectives of national security, territorial integrity and public order. Based on such limitations, there are PKK-related asylum applications from Turkey. However, these asylum applicants are quite restrictively excluded from refugee status and are commonly found as credible witnesses for their well-founded fear of persecution mainly for reason of political opinion. This paper questions the reasons that make such applicants granted refugee status by examining six case laws with positive decisions. It identifies two reasons, first, restrictive application of exclusion clauses and second, the subjectivity in the understanding of ‘necessary', which is one of the required conditions to limit human rights. Then, it provides three tentative suggestions for Turkey to enable applicants aiding and/or funding PKK to be excluded from refugee status and to prevent its counter-terrorism measures to be perceived as persecution by countries of asylum: a universally accepted definition of what constitutes terrorist offences, a stronger international presentation of counter-terrorism measures as necessary in a democratic society and a strict adherence to zero tolerance policy on torture.

scholarly journals CRAFTING ANTI-TERRORISM LAW IN MALAYSIA: STRIKING A DELICATE BALANCE BETWEEN NATIONAL SECURITY AND PERSONAL LIBERTY

2017 ◽  
Vol 25 (1) ◽  
Author(s):  
Ho Peng Kwang ◽  
Johan Shamsuddin Sabaruddin ◽  
Saroja Dhanapal
Keyword(s):  
Human Rights ◽  
National Security ◽  
Islamic State ◽  
Counter Terrorism ◽  
Personal Liberty ◽  
Sudden Rise ◽  
Radical Ideology ◽  
The Government ◽  
The Right ◽  
United Nation

The sudden rise of this radical terror group calling themselves the Islamic State in Iraq and the Levant (ISIL) and the brazen show of decapitation of their captives have sent shock waves across the globe. This prompted the United Nation Security Council to adopt Resolution 2178 calling for its members to take preventive counter-terrorism measures to contain the spread of this radical ideology propagated by ISIL. Malaysia in responding to this call, has passed and enacted the Prevention of Terrorism Act, 2015 (POTA) despite receiving much criticism that POTA has eroded fundamental human rights, in particular, the right to one’s liberty. This article examines the challenges faced by the government in balancing between national security and personal liberty when crafting POTA. The article shows that equilibrium is hard to achieve between the two competing rights and thus has become disproportionate by looking at the POTA itself. The article concludes Malaysia’s counter-terrorism strategy prioritises national security over basic human rights, which clearly is abhorrent to the rule of law and that in fact, the threat posed by terrorism could have been exaggerated by the government in their efforts to fight terrorism as there are many other threats to life which call for more attention than the threat of terrorism itself.

Human Rights and National Security Post 9/11

2015 ◽  
Vol 26 (2-4) ◽  
pp. 294-307 ◽  
Author(s):  
Morgan Schofer
Keyword(s):  
United States ◽  
Human Rights ◽  
Public Opinion ◽  
National Security ◽  
The United States ◽  
Point Of View ◽  
Counter Terrorism ◽  
The Right To Privacy ◽  
The Right ◽  
The Relationship

This article seeks to examine the relationship between human rights and national security within the context of counter-terrorism legislation in the United States following 11 September 2001. Working from a constructivist point of view and using discourse analysis and public-opinion data, I aim to determine whether changes have been made to the right to privacy and the anti-torture norm under the administrations of presidents George W. Bush and Barack Obama.

Contemporary Developments Relating to the Inviolability of Mission Premises

2017 ◽  
Author(s):  
Juan E Falconi Puig
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Urban Planning ◽  
National Security ◽  
Direct Consequence ◽  
Access To Justice ◽  
Controversial Issues ◽  
The United Kingdom ◽  
Domestic Legislation

This chapter addresses some of the controversial issues relating to the inviolability of mission premises. The Yvonne Fletcher incident of 1984 led to debates about the need to upgrade or reform the VCDR in that regard; and the United Kingdom, as a direct consequence of the incident, adopted the ‘Diplomatic and Consular Premises Act 1987’ to be able to adopt unilateral measures to remove premises immunity where threats to national security, to public integrity and/or the need of urban planning exist. Domestic legislation of this kind, however, also provides ground for conflicts with the VCDR. This chapter explores conflicts between property immunity and issues such as access to justice, human rights, and terrorism and examines ways of overcoming such difficulties through mechanisms which safeguard diplomatic privileges and immunity to allow the pursuit of diplomatic functions.

Prosecutors and National Security

2021 ◽  
pp. 538-558
Author(s):  
Kent Roach
Keyword(s):  
Human Rights ◽  
National Security ◽  
Rule Of Law ◽  
Ethical Challenges ◽  
Criminal Cases ◽  
The Rule Of Law ◽  
The Third ◽  
Relative Rarity ◽  
The Many ◽  
Operational Aspects

This chapter examines the distinct operational and ethical challenges that prosecutors face in national security and especially terrorism cases. The second part of this chapter focuses on the operational challenges that prosecutors face. These include demands for specialization that may be difficult to fulfill given the relative rarity of national security prosecutions; the availability of special investigative powers not normally available in other criminal cases; exceptionally broad and complex offenses; and the demands of federalism and international cooperation. The third part examines ethical and normative challenges that run throughout the many operational aspects of the prosecutorial role in national security cases. These include the challenges of ensuring that often exceptional national security laws are enforced in a manner consistent with the rule of law and human rights. There are also challenges of maintaining an appropriate balance between legitimate claims of secrecy and legitimate demands for disclosure and between maintaining prosecutorial independence and discretion while recognizing the whole of government and whole of society effects of the many difficult decisions that prosecutors must make in national security cases.

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