Trading Justice for Security? UN Anti-Terrorism, Due Process Rights, and the Role of the Judiciary: Lessons for policymakers

Abstract

The purpose of this policy paper is to highlight the role of the judiciary in reconciling counter-terrorism strategies with human rights standards. Indeed, judicial assent to the excesses of policy-makers risks deepening the human rights crisis caused by the fight against apocalyptic terrorism. In the aftermath of the September 11, 2001 terrorist attacks against the United States, the political climate has been dominated by security concerns. The United States has invoked its right to self-defence and declared itself to be engaged in a “war” against terrorism of global reach. The condemnation by the UN Security Council of any act of terrorism as a threat to international peace and security has contributed to the prioritization of counter-terrorism strategies worldwide. In this context, the collision of anti-terrorist measures with human rights has not received the attention it deserves. This is particularly the case with regard to the extensive financial measures imposed by the UN Security Council against persons and organisations suspected of association with terrorism

    Similar works