8
Report of the Eminent Jurists Panel on terrorism, counter-terrorism and human rights
commit terrorist acts. Yet it is apparent, from the definition provided in Resolution
1566, that no one need be excluded. If a State official were to commit an act of this
nature, State responsibility would be engaged, but also individual criminal responsibility. The Panel heard ample testimony from Latin America, for example, to lead
it to the conclusion that “State terrorism” is something more than mere rhetoric.
Similarly, the legitimacy of an aim, such as national liberation (or counter-terrorism,
for that matter), can under no circumstances, justify the use of methods that are in
violation of international law.
Methodology
With the support of the ICJ Secretariat and the network of its partner organisations, the Panel engaged in a broad-based consultative process to learn about the
impact of terrorism and counter-terrorism measures on human rights and the rule
of law around the world. Over a period of more than two years, the Panel undertook
an extensive process of consultation through sixteen national and sub-regional
Hearings, covering more than forty countries. Most of these countries had experienced a significant threat from terrorism, either in the past or in the present.
a. Public Hearings
Public Hearings were conducted by sub-committees of the Panel in:
Australia, Canada, Colombia, East Africa (Kenya, Tanzania and Uganda), the
European Union and its Member States, Israel and the Occupied Palestinian
Territory, the Middle East (Egypt, Jordan, Syria and Yemen), North Africa
(Algeria, Morocco and Tunisia), Pakistan, the Russian Federation, South
Asia (Bangladesh, India, the Maldives, Nepal and Sri Lanka), South-East
Asia (Indonesia, Malaysia, the Philippines and Thailand), the Southern Cone
countries of Latin America (Argentina, Brazil, Chile, Paraguay and Uruguay),
the United Kingdom (one Hearing in London on current counter-terrorism
policies, and a Hearing on the lessons from the past in Belfast), and in the
United States of America.
b. Questions Asked
In each country or region visited, the Panel provided a template for
submissions and asked the following key questions in the course of their
Hearings:
• What special laws, policies or practices has the government adopted,
since 2001, or in the past, which it has justified expressly or implicitly
as necessary to counter terrorism?
• Have these counter-terrorism measures had an impact on the rule
of law and on the rights guaranteed to all persons by international
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents