2- Human Rights and Terrorism



Human Rights and TerrorismEssay title:The absolute human right not be tortured or treated in an inhuman or degrading way can be limited in the so-called ‘ticking bomb’ scenarios. Discuss the legal and ethical issues surrounding the practice of torture as a preventive measure against terrorism.• OSCOLA Reference style for footnote and bibliography• 2750 will include footnote but exclude bibliography• Please use primary and secondary resource• No plagiarism 100%• Make sure paragraph flows and link to each other• good quality introduction and conclusion• Use in the body structure:PointEvidence use (primary and secondary sources) cases, articles, reforms, statuesEvaluateKey points: This essay should looks at thematic and topical issues in the international human rights regime, which was meant to provide minimum protection to individuals against actions and omissions by the State. The issue of terrorism thus raises interesting questions, as human rights norms and principles do not (by and large) apply to non-State actors. As a result, the human rights law discourse since September 2001 has been focused not on ‘terrorists’, but on the counter-terrorism measures which States have taken and their effect on human rights.From ‘rendition’ in Guantanamo Bay, to ‘softening-up for interrogation’ in Abu Ghraib, to ‘targeted killings’ in Afghanistan, Iraq, the Palestinian Occupied Territories and Yemen – the fight against terrorism has meant that States are now willing, not only to carry out kidnappings, torture, and murder, but to seek to justify their actions within the murky world of ‘security’ where the democratic means of oversight are limited by raison d’état. Sometimes States seem to use the need to protect ‘security’ as a means of gaining objectives in policy areas such as immigration, policing, and dealing with legitimate protest.This unit will consider the ramifications for human rights of the measures taken in the post-9/11 world. It will seek to give an understanding of the means by which States in general, and the US and UK in particular, seek to control terrorist threats. As Kenneth Roth asks, is security and human rights truly a zero-sum game, or is protection of human rights an avenue for ensuring sustained security?Relevant Material:B Dickson ‘Law versus Terrorism: Can Law Win?’ (2005) European Human Rights Law Review 11Martin Scheinin, ‘Impact of post-9/11 Counter-Terrorism Measures on All Human Rights’ in: Manfred Nowak & Anne Charbord (eds.) Using Human Rights to Counter Terrorism (Edward Elgard Publishing, 2018)Philip Alston and Ryan Goodman (eds.), International Human Rights (OUP: Oxford 2012).H Duffy, The ‘War on Terror’ and the Framework of International Law (CUP 2005), 274-331Terrorism Prevention and Investigation Measures Act 2011.The Terrorism Acts in 2011, Report of the Independent Reviewer of terrorism legislation (David Anderson QCSecretary of State for the Home Dept v AF (No 2) [2009] UKHL 28, [2010] 2 AC 269A v United Kingdom (2009) 49 EHRR 29A v Secretary of State for the Home Dept [2004] UKHL 56, [2005] 2 AC 68 (Belmarsh I)A v Secretary of State for the Home Dept (No 2) [2005] UKHL 71, [2006] 2 AC 221 (Belmarsh II)J Fitzpatrick, ‘Speaking Law to Power: The War Against Terrorism and Human Rights’ (2003) 14 European Journal of International Law 241O Gross, ‘Are Torture Warrants Justified?’ (2004) 88 Minnesota Law Review 1481Joint Committee on Human Rights, Renewal of Control Order Legislation 2011, 8th Report of 2010-12, HL 106; HC 838, March 2011S Joseph, ‘Australian Counter-Terrorism Legislation and the International Human Rights Framework’ (2004) 27 University of New South Wales Law Journal 428Lawyer’s Committee for Human Rights (Human Rights First), Assessing the New Normal: Liberty and Security for the Post-September 11 United States (2003), especially ch 5J Méndez, ‘Human Rights Policy in the Age of Terrorism’ (2002) 46 St Louis University Law Journal 337D Moeckli, ‘The US Supreme Court’s “Enemy Combatant” Decisions: A Major Victory for the Rule of Law?’ (2005) 10 Journal of Conflict and Security Law 75V Nesiah, ‘From Berlin to Bonn to Baghdad: A Space for Infinite Justice’ (2004) 17 Harvard Human Rights Journal 75M Ratner, ‘Moving Away from the Rule of Law: Military Tribunals, Executive Detentions and Torture’ (2003) 24 Cardozo Law Review 1513K Roth, ‘Human Rights as a Response to Terrorism’ (2004) 6 Oregon Review of International Law 37B Saul, Defining Terrorism in International Law (OUP 2006) Cases to add: Website of the Independent Reviewer of Terrorism LegislationBoumédienne v Bush 553 US 723 (2008)Hamdan v Rumsfeld 548 US 557 (2006)Hamdi v Rumsfeld 542 US 507 (2004)Gillan and Quinton v United Kingdom (2010) 50 EHRR 45Chahal v United Kingdom (1996) 23 EHRR 413McCann v United Kingdom (1996) 21 EHRR 97Ireland v United Kingdom (1978) 2 EHRR 25Lord Carlile, The Definition of Terrorism (2007), Cm 7052.M Scheinin, ‘Terrorism’ in Moeckli et al (eds.), International Human Rights Law (OUP: Oxford 2018) 550-567.Javaid Rehman, ‘Acts of Terrorism and Human Rights Violations,’ in International Human Rights Law, London, Longman, 2nd edn, 898-919Mary Ellen O’Connell, Remarks: The Resort to Drones under International Law, 2011 (39) Denver Journal of International Law and Policy, Fall 585-600V. Lanovoy “The Use of Force by Non-State Actors and the Limits of Attribution of Conduct” European Journal of International Law, 28 (2) (2017), 563–585 (on the blackboard)Office of the United Nations High Commissioner for Human Rights, “Human Rights, Terrorism and Counter-terrorism” Fact Sheet No. 32General Comment No 29 of the UN’s Human Rights Committee (31 August 2001).

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