THE WIDENING GYRE: COUNTER-TERRORISM, HUMAN RIGHTS AND THE RULE OF LAW

2008 ◽  
Vol 67 (1) ◽  
pp. 69-91 ◽  
Author(s):  
Arthur Chaskalson
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
The Internet ◽  
The Rule Of Law ◽  
Counter Terrorism ◽  
Daunting Task ◽  
The Subject ◽  
Google Search ◽  
Is Value ◽  
Do So

There are two themes that recur in previous Sir David Williams lectures. First, that it is a considerable honour to be invited to give the lecture. Secondly, that it is a daunting task to do so in the presence of Sir David, particularly in a field in which he has expertise. Since that covers most of the law there is no escape from this dilemma. Let me then acknowledge the privilege of having been asked to give this year's lecture, and confess that it is with some trepidation that I do so. The subject, terrorism and human rights, is not exactly uncharted territory. When I looked into the internet for some guidance on what might be relevant to terrorism and human rights, the response to my Google search informed me that in .03 seconds 32,900,000 references had been found. This seemed to indicate that it was unlikely that I would be able to say anything that has not already been said. But there are some subjects that are of such importance that there is value in reminding ourselves of the issues that are at stake, and if necessary for that purpose, repeating what others have said. And it is with that in mind that I approach my chosen topic.

Secrets and Lies

2015 ◽  
Author(s):  
Adrian Guelke
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Barack Obama ◽  
Mass Casualty ◽  
Theory And Practice ◽  
Political Leaders ◽  
The Rule Of Law ◽  
The Public ◽  
Counter Terrorism ◽  
Constitutional Government

The response of Western governments to the threat posed by mass-casualty terrorism has resulted in a widening gulf between their theory and practice of counter-terrorism and their proclaimed commitment to the maintenance of fundamental human rights. A shocking picture has emerged of wrongdoing perpetrated under the broad terms of counter-terrorist measures adopted since 9/11. This chapter seeks to explain this outcome, especially in the light of the episodic and limited nature of attacks by jihadis on Western societies since 2001. It also examines how President Barack Obama has grappled with the argument that some of the measures designed to protect the public from terrorism pose a threat to constitutional government and to the rule of law. It notes that his readiness to accept that such dangers do indeed exist has been exceptional among Western political leaders and that reliance on secrecy, misinformation, and denial has been the norm.

Law at the Heart of Violence

2020 ◽  
pp. 118-157
Author(s):  
Nikita Agarwal
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Development Project ◽  
The State ◽  
Law And Order ◽  
Legal Aid ◽  
The Rule Of Law ◽  
Women Lawyers ◽  
State Apparatus ◽  
The Subject

This essay seeks to draw upon the updates of the Jagdalpur Legal Aid Group (JagLAG), a group of women lawyers working in the conflict-torn region of South Chhattisgarh representing adivasis of Bastar at various sites of law and documenting law in conflict. Using the JagLAG updates as archives of the life of law in Bastar, the chapter draws upon the life of law in a terrain of violence, wherein the Rule of Law collapses under the weight of the gun and the subject of law is dehumanized; reduced to a development project of the state requiring uplifting and is denied all human rights. Divided into three parts, the chapter maps out the capacity of law to fashion itself to suit the needs of the state apparatus which grows increasingly offensive and brazenly disregards human rights, silencing any form of dissent as it storms through the forests of Bastar, destroying countless lives in its stead. Notwithstanding the bourgeoisie nature of law which by design seeks to alienate and oppress, the chapter leaves behind questions worth pondering over. Are there possibilities in the law of articulating, ascertaining and asserting the voices of the marginalized, of those who are perceived as enemies of the state, mere casualties in the State’s endeavour of combating a law and order situation or is vesting any energy and hope in such a possibility of law a useless exercise?

scholarly journals EU Counter-terrorism Law: What Kind of Exemplar of Transnational Law?

2019 ◽  
Vol 21 ◽  
pp. 217-242
Author(s):  
Cian C. MURPHY
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
Global Impact ◽  
Counter Terrorism ◽  
Transnational Law ◽  
The Law ◽  
Law Making ◽  
The Eu

AbstractThis article examines counter-terrorism efforts in the EU as it matures as a field of law. It sets out three critiques of EU counter-terrorism law: that of ineffectiveness, of anti-constitutionalism, and of contrariness to human rights and the rule of law. It considers these critiques in light of the development of policies and legal initiatives—against foreign terrorist fighters and against radicalisation. It concludes that there are both persistent problems, and some improvements, in the law. The EU's capacity to meet the challenges posed by terrorism and the counter-terrorism imperative, and how it does so, has global impact. The article concludes with an argument for better law-making in the EU to ensure it serves as a better exemplar of transnational law.

scholarly journals Preventive counter-terrorism and non-discrimination assessment in the European Union

2011 ◽  
Vol 22 (2) ◽  
pp. 89-101 ◽  
Author(s):  
Quirine Eijkman
Keyword(s):  
European Union ◽  
Human Rights ◽  
The Netherlands ◽  
Rule Of Law ◽  
Terrorist Attacks ◽  
The European Union ◽  
Religious Minorities ◽  
The Rule Of Law ◽  
Counter Terrorism ◽  
The United Kingdom

AbstractAs a result of the 9/11 terrorist attacks and the bombings in Madrid and London, a prevention-focused counter-terrorism approach has developed across the European Union. Preventive counter-terrorism is appealing because it implies interventions that remove the ability or, better still, the motivation of potential terrorists to carry out their lethal designs. Member states such as the United Kingdom and the Netherlands that primarily have experience in addressing 'home-grown' terrorism, have developed preventive counter-terrorism measures in response. Even though the majority of these laws, regulations and policies recognize the importance of the rule of law and human rights, it remains relevant to examine whether in theory and in practice particular measures have had disproportionate effects on ethnic and religious minorities and thereby violate non-discrimination standards.

scholarly journals ON THE QUESTION OF THE PROBLEMS OF LEAVING PENALTIES IN THE COLONIES OF THE THRESHOLD REGIME

2018 ◽  
pp. 92-97
Author(s):  
Vasily Fedoseevich Suliev ◽  
Alexey Batodorzievich Dashinimayev
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Correctional Facilities ◽  
The Rule Of Law ◽  
The Public ◽  
Russian State ◽  
Legitimate Interests ◽  
The Subject ◽  
The Russian Federation ◽  
Threshold Regime

The authors of the article in the course of the research, as their subject, determine contemporary problems existing in the penitentiary policy of the Russian state, in particular in the course of execution of criminal penalties in correctional facilities of strict regime. The relevance of the topic chosen by the authors is due to increased attention on the part of not only human rights defenders, but also representatives of the public, especially in connection with the latest violations of the rule of law in the penitentiary system of the Russian Federation. In order to achieve the objectives, the authors use statistical, comparative and documentary research methods. In connection with the fact that one of the authors is an active employee of the FSIN, the subject of the study is studied directly in the course of exercising official powers. In the course of the study, the authors pay attention to the changed penitentiary legislation, which does not always keep pace with the ongoing changes in society. In conclusion, the authors come to the conclusion that along with the existing positive trends in the activities of the institutions of the penal enforcement system, there is a great potential for increasing effectiveness in protecting the rights, freedoms and legitimate interests of convicts.

scholarly journals The Council of Europe Activity for Culture

2021 ◽  
Vol 30 (2) ◽  
pp. 81
Author(s):  
Aleksandra Chyc
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Rule Of Law ◽  
International Organizations ◽  
International Organization ◽  
Council Of Europe ◽  
Acquis Communautaire ◽  
The Rule Of Law ◽  
The Subject

<p>The article is devoted to issues related to the activities of the Council of Europe for culture. The aim of the study was to show that the Council of Europe is an important international organization. The author analyzed the literature on the subject devoted to the Council of Europe, and characterized the legal achievements of this organization and its activities in the field of culture. Initiatives and cultural projects of the Council of Europe were discussed. A thesis has been put forward that the Council of Europe is a significant international organization which protects the cultural heritage of Europe. The functions of the Council of Europe and its importance as an organization operating in the field of culture, as well as guarding the acquis communautaire and principles based on the rule of law, democracy and respect for human rights, were analyzed. The article is a synthetic presentation of the role of the Council of Europe in the international arena. It presents, i.a., the ongoing discussion about the crisis of international organizations and shows the significant importance of the Council of Europe in shaping appropriate international relations in Europe.</p>

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