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Report of the Eminent Jurists Panel on terrorism, counter-terrorism and human rights
administrative detention, control orders, listing) must comply with human
rights standards: how is this best done?
• the impact of counter-terrorist measures on the criminal justice system more
generally (Chapter Six). The Panel received extensive testimony about the
impact of counter-terrorism measures on the criminal justice system around
the world. Some argued that the tried-and-tested principles evolved to deal
with criminality were inadequate to address terrorism; the Panel unanimously
concluded the opposite. This chapter reports both substantive and procedural changes to the criminal justice system and discusses if, and if so how,
the criminal justice system can adapt to the current challenges?
In the final concluding chapter, the Panel sums up its findings as follows:
• Terrorism is a reality and States have a duty to counter the threat posed,
but many current counter-terrorist measures are illegal and even counterproductive;
• The legal framework that existed prior to 9/11 is extremely robust and effective: international human rights and international humanitarian law were
elaborated precisely to guarantee people’s security. The Panel concluded that
this legal framework is sufficiently adaptable to meet the current threats;
• However, the Panel found that the framework of international law is being
actively undermined, and many States are reneging on their treaty or
customary law obligations. The failure of States to comply with their legal
duties is creating a dangerous situation wherein terrorism, and the fear of
terrorism, are undermining basic principles of international human rights
law;
• The Panel was particularly concerned at the evidence worldwide showing
that the erosion of international law principles is being led by some of those
liberal democratic States that in the past have loudly proclaimed the importance of human rights;
• Specifically, the Panel rejects the claim that any “war” on terror excuses
States from abiding by international human rights law and, in armed conflict
situations, international humanitarian law, or allows them to tinker with the
rules that these frameworks provide;
• Intelligence agencies around the world have acquired new powers and
resources, but legal and political accountability have often not kept pace;
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