Assessing Damage, Urging Action The international community must agree about what constitutes an appropriate response to such threats and must work together to give effect to that response. At the moment, there is a lack of accountability, and human rights are not effectively integrated into the counter-terrorist strategy. Human rights can no longer remain merely a rhetorical “add-on” to counter-terrorist thinking, but must become a central plank in the global response to terrorism. The Panel has no hesitation, having taken testimony from around the globe, in asserting that everyone’s security is guaranteed most effectively by upholding the principle of human dignity. Human dignity – a moral and legal imperative – is only assured by respecting international human rights and humanitarian law. Human dignity and respect for the rule of law must therefore be centre-stage in the forging of a new international consensus about the response to terrorism in the years to come. More detailed findings about the elements to be built into this new international consensus about the response to terrorism are found in the body of this report, which addresses the following issues: • the role of human rights in the fight against terrorism (Chapter One). Do human rights need to be balanced against security issues? Can human rights law properly accommodate the threats posed by modern terrorism? What role might human rights play in effective counter-terrorism? • lessons from the past (Chapter Two). Many of the jurisdictions visited by the Panel have experienced serious and long-running periods of political violence and terrorism: are there any interesting parallels with contemporary debates? This chapter explores what learning from the past, if any, is applicable to the current terrorist threat; • the “war” on terror (Chapter Three) examining when and why the term “war on terror” came into common usage; the problematic conflation of legal regimes underlying this war paradigm; whether the “war on terror” has a credible legal basis; and the adverse consequences that have arisen in applying a war paradigm; • the increasing use of secret intelligence in counter-terrorism (Chapter Four). The chapter looks at the distinctive role played by intelligence in modern counter-terrorist measures: the powers of intelligence agencies are extending, is this appropriate? What accountability can and should be built in? How does a State protect human rights and the secrecy required for effective intelligence gathering and sharing? • the preventive measures (Chapter Five) being introduced by States in the expectation that they may prevent terrorist acts before they occur. How can States act to protect everyone from terrorist acts and at the same time ensure the fullest respect for due process? Preventive measures (such as expulsions, 13