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Terrorism And The European Court Of Human Rights

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Chapter Summary

Startling intense new waves of merciless terrorism are impinging on the lives, security and liberty of millions of people worldwide. This is tempting some States to fight back with measures which do not always comply with the rule of law and international legality, so it seems an appropriate moment to reflect on the way the European Court of Human Rights is dealing with the matter. This chapter considers States duty to fight terrorism under both normal and emergency situations. It examines the inescapable obligation of States to respect the rights and freedoms of terrorists during that fight. The chapter also examines the cases where certain measures, the most extreme counter-terrorism measures, are considered to be a State right. The fight against terrorism must comply with international law, not only and mainly for obvious reasons of principle, but also in view of events in recent years.

Keywords: European Court of Human Rights; international law; terrorism



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