Abstract

Every human being is held entitled for human rights on the basis of simple characteristic of human being, and the same concept has also been recognized under the framework of international law in the shape of major human rights law instruments. Some of the human rights are even inalienable and non-derogable even in cases when some of them can be derogated under the need of the time. Terrorism being a great threat and violation of human rights is not disputed but protection of these rights during counter terrorism operations is also most relevant and requires discussion, because various abuses have been reported in the recent history regarding the violations of human rights during the conduct of counter terrorism operations and abuse of process on the pretext of counter terrorism measures. It has also been observed by the international bodies and organizations that the violations committed during counter terrorism operations are as much serious in nature as the acts of terrorism themselves and make no difference between the acts of terrorists and those who claim to be acting against them for elimination of the same. Some of the main reasons behind the violations of human rights are that the definition of terrorism itself has not been agreed upon among the states of the World claiming to be the eliminators of terrorism, and the same is due to the personal interests of the states and particularly the powerful states, because terrorists of one state or nation may be the heroes and freedom fighters of the other, and the freedom fighters of one may be the terrorists for the other one. On the basis of this reason, most of the times powerful states succeed to get control over the insurgents and use their own measures and parameters for the use of force, collateral damage, and principles of necessity which cause apprehension for the violations of human rights.

Highlights

  • Human rights are generally defined as those rights which a person possesses by his simple characteristic of being a human

  • Every human being is held entitled for human rights on the basis of simple characteristic of human being, and the same concept has been recognized under the framework of international law in the shape of major human rights law instruments

  • Some of the main reasons behind the violations of human rights are that the definition of terrorism itself has not been agreed upon among the states of the World claiming to be the eliminators of terrorism, and the same is due to the personal interests of the states and the powerful states, because terrorists of one state or nation may be the heroes and freedom fighters of the other, and the freedom fighters of one may be the terrorists for the other one

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Summary

The Nature of Human Rights

Human rights are generally defined as those rights which a person possesses by his simple characteristic of being a human. These are those rights which are available to a person and protect his interests, freedom, dignity and other rights against the interference and excesses of states and their agents. Major human rights corpus included civil, political, cultural, economic, and social rights, and is universal in nature because these are available to all human beings[1]. Human rights are inherent to all human beings, irrespective of nationality, race, sex or any other distinction[2]

International Human Rights Law
International Humanitarian Law and International Human Rights Law
Terrorism
Is a global definition necessary or desirable?
What is a terrorist act?
The impact of terrorism on human rights
Terrorism and international criminal law
The Protection of Human Rights while Countering Terrorism
The flexibility of human rights law
Limitations
Prescription by Law
In the pursuance of a legitimate purpose
Necessity and proportionality
Permissible extent of derogations
Non-derogable human rights
The right to life
Transfer of individuals suspected of terrorist activity
Liberty and security of the person
State Violations
The Historical Response of Human Rights Groups
Profiling and the Principle of Non-discrimination
State terrorism
11. International Human Rights Law
12. Pakistan Perspective
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