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6. Terrorism and Human Rights

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Chapter Summary

This chapter analyses how considerations pertaining to human rights protection have been incorporated into the existing international and regional instruments against terrorism. At this formal level there is no doubt that states are obliged to respect human rights and international humanitarian law in their efforts against terrorism. It has become clear that the considerable focus on security issues since 11 September 2001 has led to an extensive marginalisation of human rights, restricting them to retrospective judicial control. In consequence, doubt has arisen as to the protection of human rights in a number of contexts. First, there is doubt as to whether the fight against terrorism in general supersedes human rights. Secondly, there is uncertainty as to the application of human rights. Thirdly, there is doubt as to the interpretation and scope of human rights protection.

Keywords: human rights; human rights protection; international humanitarian law; terrorism

10.1163/ej.9789004154322.i-299.40
/content/books/10.1163/ej.9789004154322.i-299.40
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