Counter-Terrorism Legislation: Human Rights vs. Peace and Security. Malaysia as a Case Study

Abstract

One decade has been spent by nation states on the war against terrorism. However, terrorist activities are still remained, amount of civilian casualties have increased and human rights violated frequently under the pretext of security. The international human rights frame work has been sacrificed by waging the war on terrorism; the war which recognize by its open ended and unknown battlefield. The balance between liberty and security has challenged, when the war is waged. This war does not observe human rights and humanitarian law rules, which obtained by great efforts during decades. On one hand, this article will investigate on violations of international human rights law by counter-terrorism measures as pre-emptive actions against civil liberties. On the other hand, it will illuminate the right of peace and security as basic need of society and essential responsibility of governments. How to make balance between security and human rights? How to increase safety of societies and human rights simultaneously? What are the boundaries of counter-terrorism measures to protect human rights law? These are the questions, which answers will be briefly assessed. Finally in this article the Malaysian perspective and its response to war on terrorism will also be assessed as a case study.