Critical reflections on the war on terrorism from an international human rights perspective

This study explored the balancing out of the rights associated with terrorist and counter-terrorist attacks by using descriptive case studies of the US 9/11 attacks; and the counter-terrorist attacks on Afghanistan and Iraq. The research was conducted within a critical theory paradigm, drawing on the ideas of Habermas and other Critical Theorists. The research design was influenced by the securitive and ideological nature of the topic and it was decided that an extensive review of literature would be more suitable than a field study. A small number of interviews added to the richness of the data. Human rights, needs and international relations were investigated to serve as a theoretical starting-point for the study (Chapter 2). The case studies were subsequently explored against the background of this theoretical approach. This thesis therefore assessed the impact of human rights law on terrorism and counter-terrorism attacks under the Human Rights Act (1998). It considered how the provisions of the Human Rights Act have influenced the formulation and interpretation of anti-terrorism laws, and it examined the role of the judiciary in adjudicating disputes between the individual and the state. It further discussed human needs and the progress on human rights, terrorist attacks, as well as counter-terrorism attacks. Extensive data was gathered on the 9/11 attacks, and it was concluded that these attacks fall within the definition of crimes against humanity under international human rights jurisprudence. To bring about a truly secure world we must adopt a new paradigm that shifts priority to the security of the individuals and of communities to achieving human security, the honouring of human rights, and respect for the rule of law. This will obviously require a renewed commitment by all individuals and a shared sense of responsibility for all people, all over the world. What we need now is a major course correction – a new iii A. Fabbriciani approach which begins with a broader understanding of what defines human rights and the rule of law (Wilson, 2007). The study also focuses on counter-terrorist attacks in Afghanistan and Iraq (Chapters 3 and 4). It was shown that counter-terrorist attacks had an effect on the global economic system and development policies, which have been dominated by ideological strategies for many years. However, resistance has come from Islamic states, which have realised that new-liberal economic practices are incompatible with their theological and economic traditions. This has caused a situation to rethink global development programmes by political leaders, and to move away from new-liberal schemes towards true global development strategies. One of the main findings of the study was that the crimes of persecution and torture on the basis of political or religious views have been perpetrated by both parties, namely Al-Qaeda, and the US and its allies. It has been shown that the explored acts of terrorism and counter-attacks represent crimes against humanity, as defined by the relevant provisions of international law

Land reform policies and human rights : a South African case study

This treatise begins with a discussion of different clauses of the Bill of Rights in the South African Constitution and the land reform policies of the South African government. The inequality and injustice caused by decades of apartheid land law forms the background of the land reform programme. The treatise addresses the consequences of this legacy on the implementation of the South African Constitution including the right to property. The discussion includes the three key elements of the land reform programme namely restitution, redistribution and tenure reform. The content of this treatise ranges over these three elements of land reform, applying constitutional issues to the relevant case law, The balancing and the reconciliation of rights and interest between the individual and the public in a just manner will be the barometer. The conclusion shows that the Constitution both protects existing rights and authorises the promotion of land reform within the framework of Section 25 of the Constitution, and that every aspect of the property clause has to be regarded as part of a constitional effort in balancing individual interest and public interest in terms of a constitutional order. It is my sincere hope that this treatise will contribute toward the achievement of equity, stability and by the values of an open and democratic society based on human dignity, freedom and human rights