International Law And The ‘War On Terror’

Abstract

States have an obligation to take effective measures to protect persons subject to their jurisdiction from terror. International law provides a framework for counter-terrorist measures both in situations of armed conflict and in other situations. This framework allows for counter-terrorist measures that place limits on certain rights, without destroying those rights themselves. While the threat of modern-day terror may require us to devise new and original methods of defeating terror, these methods must be compatible with the principles of international law. This chapter presents the general picture of international law as it relates to the struggle against terrorism. It concentrates on general principles of international human rights law and international humanitarian law. The chapter's objective is to show that international law makes allowance for effective measures against terror, without endangering the rights of the vast majority of members of society who have no connection whatsoever with it. Keywords: armed conflict; counter-terrorist measures; international human rights law; international humanitarian law; international law; war on terror