14 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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