Upholding Human Rights and International Law in the Combat against International Terrorism

Abstract

The question of human rights protection remains a big puzzle in the combat contrary to international terrorism. Terrorism remains a complicated concept that has posed great challenges in countering without compromising the human rights. Some of the methods used by states leaved a lot to be desired under international law. It is another issue for states to be seen countering terrorism which in most cases is not state actors but using the UN Charter and its systems to justify their actions. It is prohibited in the United Nations Charter of 1945 under Article 2(4) for States to adopt the use of force among themselves in cases of self-defense. UN Charter under Article 51 does not provide for non-state actors for instance terrorists and this has posed a great challenge to the implementation of various Treaties and Conventions. States’ attacks against non-state actors continue to take place without any condemnation. Human rights have been violated in the pursuit of terrorists and the act has not been condemned. What then is supposed to be done?, several counter-terrorism measures have been putted in place but there is also an argument that it is close to impossible to combat terrorism without compromising human rights. In other words, countering terrorism is synonymous with violating human rights and international law. These contradictions among others make one wonder whether it’s the inefficiency of the prevailing laws or mere international politics that is making the combat against terrorism a complex matter.

Keywords: Terrorism, Human rights, International law, International politics, Upholding

DOI: 10.7176/JLPG/110-12

Publication date:June 30^th 2021