ABSTRACT

The case studies discussed in preceding chapters illustrate traditional types of conflicts that may entail violations of international human rights and humanitarian law. However, it is useful to include in our overview of contemporary conflict situations that affect human rights an account of what is commonly referred to as the “global war on terror.” This chapter discusses the tension between the struggle to guarantee human security and the infringement of human rights stemming from antiterrorist action, whether military or not. Counterterrorism tends to impair fundamental human rights, such as the right to life, personal liberty, humane treatment, fair trial, privacy, and freedom of expression. This is caused by the emergency legislation and investigative practices adopted by governments, even in democratic countries, in order to respond to the terrorist threat, by unlawful conduct during military operations motivated by self-defense against terrorism, as well as by certain multilateral counterterrorism strategies, particularly those undertaken through the UN Security Council.