Combating terrorism under human rights and humanitarian law regimes

Abstract

The measures to counter terrorism, if devoid of the norms of human rights (HR) and international humanitarian law (IHL), might be fatal for the very principles and values that terrorism threatens. The paper observes that during the last decade, particularly after the atrocious events of 9/11, new interpretations are being offered and new techniques are being employed to deviate from the state obligations under HR and IHL regime. By critically examining these techniques in the light of HR and IHL jurisprudence, the authors submit that the interpretations offered to justify these techniques have hardly any legal basis and apprehend that these interpretations and techniques are posing potential threats to the very essence and existence of the basic norms of HR and IHL. The paper also analyzes the consequences of undermining or marginalizing HR and IHL norms in the fight against terrorism. Finally, the paper argues that existing norms of HR and IHL should not be compromised on the plea of the fight against terrorism since the best long-term guarantee of security is embedded in these norms. Acting outside the realm of these norms, while responding to terrorism, will ultimately prove counterproductive.