International Studies Journal (ISJ)

International Studies Journal (ISJ)

Human Rights Standards within the Normative Framework of Counterterrorism

Document Type : Original Article from Result of Thesis

Authors
Lida Abbasi 1
Hengameh Ghazanfari 2
Farid Azadbakht 3
1 Ph.D. Student of Department of International Law, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran.
2 Assistant Prof. at Department of International Law, Faculty of Law, Khoram Abad Branch, Islamic Azad University, Khoram Abad, Iran.
3 Assistant Prof. at Department of Public Law, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran.
10.22034/isj.2025.411511.2061
Abstract
Terrorism is the product of multiple causes and a consequence of human rights violations in the absence of enduring peace conditions. Resorting to terrorism, regardless of the underlying motivation, leads to the violation of many basic human rights. Firstly, it threatens the right to life and freedom of all humankind. Beyond causing human disasters, terrorism destabilizes governments, weakens the rule of law, jeopardizes peace and security, and threatens economic and social development. On the other hand, as terrorist crimes should be addressed in a systematic and sustained manner, there is a perpetual concern that states may deviate from moderation and rationality and commit human rights violations in the name of counterterrorism. International documents have repeatedly mentioned the capacity to incorporate human rights in the context of counterterrorism. These documents clarify that the right to suspend certain human rights in the fight against terrorism is not so broad as to justify human rights violations. As its primary question, this article examines human rights standards that states violate in their counterterrorism measures. The results were reached through a descriptive, analytical methodology. The research findings suggest that both terrorist acts and counterterrorism measures are assumed to violate human rights. The former leads to the deprivation of innocent lives, while the latter violates freedom, privacy, and individual rights.

Highlights

Introduction

Terrorism is a violation of human rights. Yet, importantly enough, counterterrorism measures cannot be implemented without adhering to human rights standards. The need to respect human rights when addressing terrorist acts stems from a fundamental axiom: the universality of human rights in the context of international law and their equal application to all individuals. Human rights norms prioritize protecting human rights, regardless of one's status or position. The suspect or perpetrator of a terrorist act is a human who has committed a criminal act against their fellow human beings. This does not deprive them of their inherent human quality of being a person simply because they have committed a terrorist act. Human rights standards in counterterrorism have prompted the Counterterrorism Committee to share extensive information about its working procedures with the Human Rights Committee. Observing human rights in the fight against terrorism has been emphasized in many Security Council resolutions. Nevertheless, in the absence of an international consensus on human rights norms, strategies, and principles, the war on terrorism has been initiated based on its own terms, irrespective of current norms. In fact, today's fight against terrorism poses a greater threat to security and human rights than any terrorist attack. Terrorism violates human rights in two ways: firstly, it leads to the attack and killing of civilians; secondly, states often violate human rights indirectly in their efforts to suppress terrorists.

 

Methodology

The data analysis methods and tools comprised legal description and content analysis based on legal rules and logic so as to identify the most informed opinions, existing ambiguities, and the subject matter's true position.

 

Findings

In a broad sense, human rights constitute a set of rules, principles, desires, and aspirations of human societies in supporting and promoting basic human rights. As a result, the main origin of human rights is natural rights that develop from attractions inherent in principles such as the right to life, freedom, and privacy. In subsequence, binding norms and enforcement mechanisms have evolved to defend them. Nonetheless, terrorism and terrorist attack perpetrators not only ignore this issue, but international and regional institutions have also been unable to take practical action or establish a specific legal framework to combat terrorism as a threat to human rights. Thus, the first issue affected by a terrorist operation is human rights. Widespread violations of human rights are the primary contributors to the development and spread of terrorism. Conversely, violent acts commonly labeled as terrorism violate human rights and freedoms. Accordingly, the 1993 Vienna Declaration and Programme of Action emerged as the first international instrument to address the dangers posed by terrorism to fundamental human rights. The problem with fighting terrorism stems from the fact that it puts states in a difficult position because, on the one hand, they must protect citizens from terrorism while they are also bound to respect citizens' rights amid their fight against terrorism.

 

Conclusion

The war on terrorism should be taken in a manner that minimizes human rights violations. In their fight against terrorism, there is a risk that states might resort to actions similar to those taken by terrorists, therefore legitimizing these actions. Therefore, while states have a legitimate right to defend themselves and their citizens, they cannot employ methods that violate the right to life, individual fundamental freedoms (such as speech, community, religion, and freedom from torture), or privacy. States must ensure a full range of legal and practical guarantees to prevent violations of individual rights. As such, establishing a balance between the methods of legitimizing the fight against terrorism and protecting human rights is a delicate and precise matter because "preventing human rights violations" as a goal does not justify using "terrorism" as the means to achieving this goal. Human rights are not only aligned with the fight against terrorism but also offer essential frameworks for this endeavor. Indeed, there is a consensus that accepted human rights standards, most notably, the International Covenant on Civil and Political Rights and the European Convention on Human Rights, need not be abandoned in the fight against terrorism.

Keywords
Freedom
Terrorism
Rule of Law
Privacy
Right to Life
Human Rights

Subjects

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