Exceptionalism, politics and liberty: a response to Professor Tushnet from the Antipodes

2007 ◽  
Vol 3 (4) ◽  
pp. 305-312
Author(s):  
Andrew Lynch
Keyword(s):  
Human Rights ◽  
September 11 ◽  
Essential Condition ◽  
Counter Terrorism ◽  
Legal Instrument ◽  
Australian Experience

In this comment, the author takes issue with Professor Tushnet’s favourable stance on the protection which political controls can afford human rights relative to legal ones. Writing in a jurisdiction with no formal legal instrument of human rights enables the author to speak with experience of the operation of political controls in a ‘pristine parliamentary environment’. The author outlines the ineffectiveness in the Australian experience of counter-terrorism since September 11 of many of the mechanisms which Tushnet has suggested impose constraints upon the diminishment of liberties. The comment concludes that the essential condition for the enhancement of political controls is the presence of legal ones.

International Terrorism and Human Rights

2014 ◽  
Vol 4 (1) ◽  
pp. 1-33
Author(s):  
Sundaresh MENON
Keyword(s):  
Human Rights ◽  
Political Violence ◽  
September 11 ◽  
International Terrorism ◽  
Positive Relation ◽  
Counter Terrorism ◽  
History Of ◽  
The Relationship

Following the attacks of September 11, 2001, a line was crossed in the history of terrorism and political violence—many things we had until then taken for granted were lost. This paper analyzes the relationship between international terrorism and human rights and examines how these two concepts—which some suggest are antithetical—might appropriately be spoken of in the same breath even in the aftermath of those terrible attacks. The overarching thesis is that counter-terror efforts must be approached in a way that endeavours to achieve a positive relation to, and co-existence with, the system of human rights at both international and national levels. In this connection, Singapore's approach to counter-terrorism will be considered, providing food for thought on how far it achieves a balance between security and liberty.

scholarly journals The Construction of the Indonesian Government's Repressive Counter-Terrorism Policy

2019 ◽  
Vol 9 (2) ◽  
pp. 107-125
Author(s):  
Ardli Johan Kusuma ◽  
Tulus Warsito ◽  
Surwandono Surwandono ◽  
Ali Muhammad ◽  
Mega Hidayati ◽  
...  
Keyword(s):  
Human Rights ◽  
International Community ◽  
Past Experience ◽  
International Norms ◽  
Terrorist Attacks ◽  
Human Rights Violations ◽  
Independent State ◽  
Counter Terrorism ◽  
Indonesian Government ◽  
Legal Instrument

The Indonesian government has made a counter-terrorism legal instrument starting in 2001. And the making of counter-terrorism policies in Indonesia was carried out after the 9/11 event. Even though the phenomenon of terrorism that occurred in Indonesia existed before 2001. Even since Indonesia became an independent state, there have been many events that can be classified into the phenomenon of terrorism. But the Indonesian government responded by making legal instruments after 2001. In overcoming terrorism, the Indonesian government prefers a repressive approach. Detachment 88 as a special anti-terrorist force, allegedly has committed many human rights violations. Even in the last 10 years, at least 120 suspected terrorists were killed in the arrest process and 40 people were victims of wrongful arrests. In addition, more than 80% of them were subjected to torture. However, the repressive approach has not been able to reduce the number of terrorist attacks in Indonesia. Therefore, this research seeks to find what factors that influencing the Indonesian government to make repressive counter-terrorism policies in Indonesia. The findings revealed the existence of several factors including the persuasion of the international community, the influence of international norms, and the perception of the Indonesian government in understanding the threat of terrorism which is influenced by past experience.

The Debate about Soviet Genocide in Lithuania in the Case Law of The European Court of Human Rights

2020 ◽  
pp. 1-16
Author(s):  
Dovilė Sagatienė
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Genocide Convention ◽  
Legal Regulations ◽  
Legal Instrument ◽  
Soviet Occupation ◽  
European Court

Abstract Since 1990 Lithuania has been claiming that what happened there during Soviet occupation is genocide, as per the 1948 Genocide Convention, which embodies universal justice for suppressed nations and other groups. Due to Soviet actions in Lithuania throughout the periods of 1940-1941 and 1944-1990, the country lost almost one fifth of its population. The application of Lithuanian national legal regulations regarding this issue has been recently discussed in the framework of another postwar international legal instrument – the European Convention of Human Rights (1950). The goal of this article is to examine the main debates, which were revealed by the European Court of Human Rights in the cases of Vasiliauskas v. Lithuania (2015) and Drėlingas v. Lithuania (2019), regarding the killings of Lithuanian partisans, including the recognition of the significance of partisans for the Lithuanian nation, the foreseeability of genocide “in part,” as well as the punishment for complicity in killing Lithuanian partisans.

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.

The Right to Stay as a Control Right

2020 ◽  
pp. 87-117
Author(s):  
Valeria Ottonelli
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Personal Space ◽  
Control Rights ◽  
Human Right ◽  
Essential Condition ◽  
Life Plans ◽  
Control Right ◽  
The Right

This chapter sides with those who believe that a right to stay should be counted among fundamental human rights. However, it also acknowledges that there are good reasons for objecting to the most popular justifications of the right to stay, which are based on the assumption that people have valuable ties to their community of residence and that people’s life plans are located where they live. In response to these qualms, this chapter argues that the best way to make sense of the right to stay is to conceive it as belonging to the category of “control rights”; these are the rights that protect people’s control over their own bodies and personal space, which is an essential condition for personhood and human dignity. This account of the right to stay can overcome the most pressing objections to its recognition as a fundamental human right.

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