Assessing Damage, Urging Action
human rights or international humanitarian law? If so, what has been
the impact?
• How has the government justified such counter-terrorism measures
and do you consider that past or current terrorist threats have justified these measures?
• What has been the impact of the “war on terror” in your country?
• What lessons should today’s policy-makers learn from any experiences your country has had in the past with terrorism and
counter-terrorism?
In some Hearings, a more extensive questionnaire and list of issues gave
guidance to contributors about issues of particular interest to the Panel.8
c. Persons Who Gave Evidence
It was an explicit policy of the Panel to invite both governmental and nongovernmental participants to engage with the public Hearings. In the course
of the Hearings, oral evidence and written representations were submitted
to the Panel by various persons, including representatives of Bar Councils
and Law Societies; leading lawyers in private practice; representatives of
national human rights institutions, human rights organisations and civil
society; journalists; academics; and members of the public, including both
victims of terrorist violence and of counter-terrorism measures, and often
from government representatives as well.9
d. Private meetings and written representations
Recognising the benefit of detailed exchanges in bilateral meetings, and
appreciating that some people may not have wanted to give evidence in
public, arrangements were also made for private meetings to be held in
each of the countries that the Panel visited. In the course of these meetings,
members of the Panel had the opportunity to hold discussions on relevant
issues with high ranking officials, including ministers, national security advisors, inspector generals of intelligence services, senior judges, attorney
generals and directors of public prosecutions. Members of the Panel also
had private meetings with the International Committee of the Red Cross
(specifically in relation to international humanitarian law principles), and
with senior representatives of the United Nations and the European Union.
The Panel also received written and oral evidence from representatives
8
See, for more information, http://www.icj.org.
9
See Annex 3 for those who gave oral evidence to the Panel, and Annex 5 for those who provided written
submissions.
9
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