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Terrorism, State Of Emergency, And Derogation From Judicial Guarantees

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Chapter Summary

In reaction to the 9/11 attacks, states have increased international cooperation and hardened national legislation by focusing on prosecuting and punishing alleged terrorists, as well as focusing on preventing new terrorist attacks. In past jurisprudence, the European Court of Human Rights quite clearly defined the expression public danger referred to in Article 15 of the ECHR, as an exceptional situation that threatens the life of the nation. It is evident that judicial guarantees (i.e. those remedies that should be available to any person alleging a violation of their rights or the mere risk of a similar violation) are being eroded away under the current counter-terrorist policy. International terrorism constitutes a kind of permanent emergency, and therefore, a phenomenon that, when considered in theory, does not permit states to derogate from rights and liberties in violation of international human rights treaties.

Keywords: European Court of Human Rights (ECHR); international human rights treaties; international terrorism; judicial guarantees



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