An Assessment Of The Impact Of Counter Terrorism On Non Derogable Rights Under International Law

RESEARCH PROJECT TOPIC ON AN ASSESSMENT OF THE IMPACT OF COUNTER TERRORISM ON NON DEROGABLE RIGHTS UNDER INTERNATIONAL LAW 

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CHAPTER ONE

GENERAL INTRODUCTION

1.1        Background to the Study

 Since the aftermath of the 9/11 attacks in New York and Washingtonin 2001, there has been an increase in both the frequency of terrorist attacks around the world and the counter measures employed by states to combat terrorism. But some of these counter measures employed have violated certain norms of international law especially those norms of International Human Rights Law relating to non derogable rights.

International Human Rights Law provides adequate safeguards and protection against Human Rights violations even in times of public emergency that threatens the life of a nation such as when a state faces the threat of continuous terrorist attacks.

Despite the flexibility built into the International Human Rights Law and the permissible measures which allow states to limit and derogate from certain rights in times of public emergency, some states, notably the united states, have continued to operate outside the framework of the International Human Rights Law with impunity and at times with allusion to different moral and legal arguments to justify their position.

 These include the legal arguments for justifying the current practice of targeted killings and drone Strike resorted to by some states to fight terrorism, and the doctrine of  the use of force in international law as it relates to cross border attacks directed toward terrorist elements operating within the territories of another state and their implication on Right to Life, the ticking bomb theory and the justification canvassed by its proponents and whether such reasons qualifies as exceptions to the absolute prohibition of the use of torture under International Law and lastly the policy of transferring terror suspects to countries where they face the risk of torture and abuse.

In the light of its findings; this research thus, recommends inter alia for the provision of a more effective and better monitoring structure and also a better regulatory safe guards and protection to ensure proper oversight and control of military operations of state parties and their Secret Service Agencies. It also recommends the promotion of transparency in implementing counter terrorism measures and the empowerment of international courts and quasi-judicial committees like the Human Rights Committee to ensure the proper enforcement of the accountability of states parties with respect to cases of Human Rights abuses. Lastly, it recommends an absolute ban on the use and practice of torture in line with the current standard of international law and the subsisting international human right mechanism

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