viii Report of the Eminent Jurists Panel on terrorism, counter-terrorism and human rights 4.2 Lower safeguards and standards 38 5. The “permanence” of “emergency” laws and departure from ordinary procedures 40 6. The impact on society  42 7. Conclusions & Recommendations: learning from the past 46 Chapter Three: The legality and consequences of a “war on terror” 49 1. Introduction 49 2. When and why a “war” on terror was proclaimed 49 3. Conflating two legal regimes 51 4. The war paradigm lacks a credible legal basis 53 5. Adverse human rights consequences arising from the war paradigm 56 5.1 Persons captured or detained: a regime of arbitrary detention 57 5.2 Right to a fair trial: military commissions 60 5.3 Torture and ill-treatment 61 6. Conclusions & Recommendations: war paradigm Chapter Four: The role of intelligence: intelligent counterterrorism? 64 67 1. Introduction  67 2. Extended powers and roles of intelligence services 69 2.1. Surveillance and other data gathering powers 69 2.2 Arrest, detention and interrogation powers 73 2.2.1 Interrogation and arrest powers for the purpose of intelligence gathering 74 2.2.2 Law enforcement powers 76 2.3 Intelligence and “due process” 78