7/25/2019 Counter-terrorism and Human Rights

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ABSTRACT

Terrorism has shattered the underpinning base of the civilized society and of peaceful

living and is increasing at an alarming rate due to the availability of various modern

advancements. Post the September 11 attac in the !S" the !# Security condemned global

terrorism and adopted Resolution 1$%$ as a counter terrorism measure under Chapter &''1of

the !# Charter. 't called upon the member states to move up level of government

performance against terrorism by improving the competence of each nation(s legislation and

e)ecutive to combat terrorism. &arious anti*terrorism measures usually adopted as a

temporary measure tend to leave a permanent residue and can result in a gradual and often

unchallenged e)pansion in the coercive po+er of the state. ,The protection and promotion of

human rights under the rule of la+ is essential in the prevention of terrorism. 'f human rights

are violated in the process of combating terrorism" it +ill be self defeating. $Therefore" to

sacrifice civil liberties to promote security +ill be a costly bargain.

1A Security Council Resolution is considered to be 'a Chapter VII resolution' if it makes an explicit

determination that the situation under consideration constitutes a threat to the peace, a breach of the

peace, or an act of aggression, and/or explicitly or implicitly states that the Council is acting under

Chapter VII in the adoption of some or all operatie paragraphs!See -ohansson" Patri. The

umdrum !se of !ltimate Authority/ 0efining and Analysing Chapter &'' Resolutions""ordic

#ournal of International $a%%/$ 2,3345" pp. $346$7,.

2Colm 8(Cinneide" 9Strapped to &he ast( &he Siren Song of )readful "ecessity" The !nited

:ingdom uman Rights Act and Terrorist Threat" Published in ;iriands."

?resh Perspectives on the (@ar on Terror(" A#! ,33.

3*eople's +nion for Ciil $iberties s! +nion f India " 2,3375 4 SCC 3