Terrorism per se is an anathema to human rights. Modern human rights standards are rooted in the following four simple values:1 freedom from want; freedom from fear; freedom of belief; and freedom of expression. These freedoms form the core principles of the Universal Declaration of Human Rights (UDHR), which sets out the fundamental elements of international human rights accepted by United Nations member states and elaborated in many subsequent human rights treaties. The UDHR is accepted as “a common standard of achievement for all peoples and all nations.”2 The random nature of terrorist acts undermines freedoms and, consequently, the international human rights framework. This is not because human rights represent a pacifist doctrine. Even the UDHR accepts that people may “be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression.”3 Still, even extreme circumstances cannot justify the use of random acts of violence or threats of violence against civilians. Human rights standards envisage a society that is based on the rule of law and democratic values. Therefore, even in the pursuit of such a society, using acts of terrorism, which are themselves in direct contradiction with those values, is never justified. Internationally recognized human rights standards require governments to take into account and implement certain key universal principles. This imposes a level of discipline and rigour upon government agencies. If they ignore or misapply those human rights standards, they are to be held accountable before an independent and impartial court. As a general principle, the more severe the potential human rights violation, the greater the scrutiny that should be carried out by both decision makers and courts. Human rights standards ought to be uppermost in the minds of those implementing a counter-terrorism policy. Counter-terrorism mechanisms and enforceable human rights standards are intimately linked. Counter-terrorism laws and practice that damage or destroy human rights are selfdefeating and unacceptable in a society governed by human rights, the rule of law and democratic values. How this manual works This manual is designed as both a stand-alone tool and as a complement to the OSCE/ODIHR training programme for policy makers and practitioners working in counter-terrorism in OSCE participating States. It explains how human rights standards and counter-terrorism techniques work hand in hand. The manual and training programme are aimed at assisting states in ensuring that their counter-terrorism strategies comply with human rights standards and, as such, are more likely to meet their objectives. Part I begins by emphasizing the relationship between human rights and counter-terrorism and stresses the need for clearly defined laws and principles to ensure the effectiveness of both. It then sets out the existing counter-terrorism and human rights frameworks in international law and discusses the ways in which the two ought to work together. Parts II and III outline key themes in promoting human rights and protecting against terrorism, and explain 1 2 3 16 These were most famously articulated by the US President Franklin D. Roosevelt as “the four freedoms”, in his aims for the post-war world. Universal Declaration on Human Rights, adopted by the UN General Assembly, Resolution 217(III) of 10 December 1948, Preamble. Ibid, Preamble, third recital. Countering Terrorism, Protecting Human Rights