ABSTRACT
This chapter analyses how the European Court of Human Rights has assessed the legality of three particularly controversial counter-terrorism measures, which have both a direct and indirect impact on the protection of human rights: terrorist listings, public provocation laws and the use of diplomatic assurances. It analyses how the Court assesses the effectiveness of a specific counter-terrorism measure, and analyses whether the European Court of Human Rights has taken into account considerations of effectiveness in determining the legality of a counter-terrorism measure. The chapter argues that the court focuses on the direct, rather than indirect, impacts of counter-terrorism measures on the procedural dimension of a human right. While many European countries have faced serious terrorist threats in recent decades, it is interesting to note that only three countries have dero-gated from the European Convention of Human Rights by referring to a terrorist threat: the United Kingdom, Ireland and Turkey.
