Fight Terrorism without Infringing Human Rights

712 Words2 Pages
bulb-icon

Recommended: How does war and terrorism affect civil liberties

The fight against terrorism has always raised concerns that the methods used by States may infringe human rights. As one leading academic, Professor Martin Scheinin,[1] has said “Governments have often felt tempted to depart from … the fundamental rights of the individual when confronted with acts of terrorism….”[2]

Many leading world figures have stated that the fight against terrorism can be conducted without infringing human rights. For example, Ban Ki Moon, the Secretary General of the United Nations, has expressed the UN’s “commitment to a comprehensive approach to terrorism grounded in respect for human rights and the rule of law.”[3]

A recent Council of Europe publication makes it clear that there are “no circumstances in which (torture and inhuman and degrading treatment or punishment) can be tolerated, even in the context of the fight against terrorism.”[4]

It is important to test this assumption, as otherwise potentially effective methods of fighting terrorism may be rendered unlawful and therefore not be available to Governments. This could allow terrorists to avoid detection and capture, by inhibiting the ability of police and security agencies to extract information regarding terrorist plots. The outcome of this may be further acts of terrorism and higher levels of mortality caused by terrorism, which would have a clearly negative impact upon society.

In terms of defining the assumption, it is important to distinguish between “infringing” human rights and “interfering” with them. An infringement is a violation of human rights, for example by unlawfully depriving a person of their right to life through a summary execution. Interferences with human rights, if done properly, are perfectly lawful and in many cases re...

... middle of paper ...

...al, Practical, and Legal Aspects of the 'Ticking Bomb' Justification for Torture", Oxford University Press, 2010.

[12] Public Committee Against Torture in Israel et al v. Prime Minister of Israel et al, HCJ 5100/94, judgment of 2 November 2008.

Bibliography

Murdoch J. and Roche R., “The European Convention on Human Rights and Policing”, Council of Europe, December 2013

“Assessing Damage, Urging Action”, Report of the Eminent Jurists Panel on Terrorism, Counter-Terrorism and Human Rights (London, ICJ, 2009).

Gearty and Douzinas (eds) “The Cambridge Companion to Human Rights Law” Cambridge University Press (2012).

Moeckli, Shah and Sivakumaran (eds), “International Human Rights Law”, OUP 2014 (2nd edition)

Ginbar, "Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the 'Ticking Bomb' Justification for Torture", Oxford University Press, 2010.

Show More
Related

  • Michael Levin's Essay: The Case For Torture

    948 Words  | 2 Pages

    Who wouldn’t have agreed? Yes, torture is cruel but it is less cruel than the substitute in many positions. Killing Hitler wouldn’t have revived his millions of victims nor would it have ended war. But torture in this predicament is planned to bring no one back but to keep faultless people from being sent off. Of course mass murdering is far more barbaric than torture. The most influential argument against using torture as a penalty or to get an acknowledgment is that such practices ignore the rights of the particulars. Michael Levin’s “The Case for Torture” discusses both sides of being with and being against torture. This essay gets readers thinking a lot about the scenarios Levin mentioned that torture is justified. Though using pathos, he doesn’t achieve the argument as well as he should because of the absence of good judgment and reasoning. In addition to emotional appeal, the author tries to make you think twice about your take on

    Read More

  • Analysis Of Alan Dershowitz 'Should The Ticking Bomb Terrorist Be Tortured'

    1238 Words  | 3 Pages

    Alan Dershowitz challenges the legitimization of non-lethal torture in his essay, “Should the Ticking Bomb Terrorist be tortured?” He claims that torture should indeed be legitimized for specific scenarios that require such action. The ticking bomb terrorist gives the example of a terrorist withholding time-sensitive information that could result in the death of innocent citizens, if not shared. Not only does Dershowitz challenge the idea of torture, but he also gives a probable solution that favors the legitimization the torture. He mentions three values that would have to be complied with by all three branches of government if it were to be legitimated, which Dershowitz does endorse. The arguments of the two perspectives discussed in the

    Read More

  • Critical Analysis Of Michael Levin's 'The Case For Torture'

    794 Words  | 2 Pages

    In his essay “The Case for Torture,” printed in The Norton Reader 13th Edition, Michael Levin argues that torture is justified and necessary under extreme circumstance. He believes that if a person accepts torture to be justified under extreme cases, then the person automatically accepts torture. Levin presents weak argument and he mostly relies on hypothetical scenarios. There is not concrete evidence that torture solves problems and stop crime but rather the contrary. Under international law, torture is illegal and all the United Nation members have to abide by those rules. The use of torture does not keep people safe, but rather the opposite. Torture has a profound effect on democracy. As the use of torture becomes normal in society, the right of the citizen will suffer greatly.

    Read More

  • Analysis of Michael Levin´s Article The Case of Torture

    856 Words  | 2 Pages

    Michael Levin's article on "The Case for Torture." is an article which mainly discusess the use

    Read More

  • Reproductive Rights: Gendered Perspectives

    1261 Words  | 3 Pages

    Since the Renaissance of the 15th century, societal views have evolved drastically. One of the largest changes has been the realization of individualism, along with the recognition of inalienable human rights.(UDHR, A.1) This means that all humans are equal, free, and capable of thought; as such, the rights of one individual cannot infringe on another’s at risk of de-humanizing the infringed upon. The fact that humans have a set of natural rights is not contested in society today; the idea of human rights is a societal construction based on normative ethical codes. Human rights are defined from the hegemonic standpoint, using normative ethical values and their application to the interactions of individuals with each other and state bodies. Human rights laws are legislature put in place by the governing body to regulate these interactions.

    Read More

  • Margin of Appreciation in ECHR

    2445 Words  | 5 Pages

    Importantly, the crux of this question mainly lies on a critical analysis on Harris’s statement on the application margin of appreciation under Art.2. and Art. 8 of European Convention on Human Rights (hereinafter referred to as ‘ECHR’). In examining Harris’s statement , it simply denotes that the application of the convention may often be varied because of the absence of consensus probably due to cultural relativism or pluralism. It has been propounded that human rights is universal , but it is inevitable for each country to adopt different practices and perception.

    Read More

  • The Torture Myth, by Anne Applebaum

    897 Words  | 2 Pages

    Until there is a credible way to determine whether or not torture is in fact effective, I pass judgment that the practice should be discontinued. The question as to if the torture policy is a human rights violation or if it holds crucial necessity, is not answered in the essay. Applebaum explores the reality that torture possesses negative implications on the inflictor. After presented with the compelling stance and evidence, Applebaum raises the interesting question as to why so much of society believes that torture is successful. I agree that the torture policy is wrong, a point emphasized by Applebaum, contrary to the popular attitude surrounding the topic.

    Read More

  • Torture Is Legal, Moral and Necessary

    1211 Words  | 3 Pages

    “Torture Is Just Means of Preventing Terrorism.” Securing Liberty. Securing Liberty, n.d. Web. 10 Feb. 2014. .

    Read More

  • Pro-Choice Argument

    3494 Words  | 7 Pages

    ...erty and Human Rights? Ethics & International Affairs, Volume 19, No. 1 Spring 2013. Web 14 April 2014

    Read More

  • Is State Terrorism '?: Is State Terrorism A Valid Concept?

    1279 Words  | 3 Pages

    The threat of global terrorism continues to rise with the total number of deaths reaching 32,685 in 2015, which is an 80 percent increase from 2014 (Global Index). With this said, terrorism remains a growing, and violent phenomenon that has dominated global debates. However, ‘terrorism’ remains a highly contested term; there is no global agreement on exactly what constitutes a terror act. An even more contested concept is whether to broaden the scope of terrorism to include non-state and state actors.

    Read More

  • Use of International Law to Protect Human Rights

    1800 Words  | 4 Pages

    45 Oona Hathaway, ‘Do Human Rights Treaties Make a Difference?’ (2003) 112 Yale Law Journal

    Read More

  • We Need a Precise Definition of Terrorism

    1559 Words  | 4 Pages

    The compelling need for the international community to come up with a comprehensive definition of terrorism is so that all nations have the same understanding of what is and what is not terrorism. By having an internationally agreed upon definition by all nations, it will make it easier for the country that experiences acts of terrorism to prosecute the perpetrators of the terrorist acts. In doing this ‘people’ who are trying to achieves international notoriety by committing ‘illegal’ acts which they see as terrorist acts to gain recognition in the international community, would be less likely to commit these illegal acts. It would also not gain them the worldwide recognition they seek.

    Read More

  • The Convention Against Torture

    1107 Words  | 3 Pages

    Around the world and around the clock, human rights violations seem to never cease. In particular, torture violations are still rampant all over the world. One regime, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, establishes a strong elaboration of norms against torture. Despite its efforts, many countries still outright reject its policies against torture while other countries openly accept them, but surreptitiously still violate them. The US, Israel, and Saudi Arabia all have failed to end torture despite accepting the provisions of the Convention.

    Read More

  • Universal Declaration of Human Rights

    1354 Words  | 3 Pages

    On December 10th in 1948, the general assembly adopted a Universal Declaration of Human Rights. This declaration, although not legally binding, created “a common standard of achievement of all people and all nations…to promote respect for those rights and freedoms” (Goodhart, 379). However, many cultures assert that the human rights policies outlined in the declaration undermine cultural beliefs and practices. This assertion makes the search for universal human rights very difficult to achieve. I would like to focus on articles 3, 14 and 25 to address how these articles could be modified to incorporate cultural differences, without completely undermining the search for human rights practices.

    Read More

  • The Methodology of Terrorism

    4279 Words  | 9 Pages

    Terrorism is one of the most extensively discussed issues of our time and at the same time it is also one of the least understood. The term itself “terrorism” means many different things to different people, cultures, and races. As a result, trying to define or classify terrorism with one universal definition is nearly impossible. The definition of terrorism used in this research is a reflection of much of the Western and American way of defining it. The definition of terrorism is,

    Read More

More about Fight Terrorism without Infringing Human Rights

Open Document