22
Report of the Eminent Jurists Panel on terrorism, counter-terrorism and human rights
of their Hearings around the world.21 States have a duty to investigate and prosecute
perpetrators of terrorist acts. In addition, when States themselves are responsible
for terrorist acts, whether through their agents or proxies, they are required to
provide remedies, including reparation. In those instances where terrorist acts are
committed in the context of armed conflict, international humanitarian law will also
apply. States can only fully respect the rights of victims if they comply with their
legal obligations.
Fourth, human rights can address and remedy any genuine injustices that may give
succour to terrorism. Sometimes violent conflict is caused by genuine grievances;
sometimes genuine, pre-existing, grievances are exploited by terrorists for their
own ends; sometimes grievances may be perceived rather than real. Yet again,
grievances can arise from the measures introduced to counter the terrorist threat:
many examples were provided to the Panel (by security officials as well as victims)
of States engaging in human rights violations, and thereby feeding and fuelling
the very violence they are meant to be curtailing. A commitment to respect human
rights on the part of a State could bring to an end any real or alleged grievances;
at the very least, such a commitment will secure greater legitimacy for its counterterrorism efforts.
4. Does the contemporary terrorist threat require exceptional
responses?
The framework of international law, established from 1948 onwards, was intended to
give States sufficient flexibility to respond to genuine threats. Since 2001, however,
many assert that the contemporary threat from terrorism is of an unprecedented
and exceptional nature.22 Several reasons are proffered for this claim. For example,
it has been argued that groups like al-Qaeda are international in character; have
access to more dangerous technologies of killing (e.g. “dirty” bombs etc.); utilise
highly sophisticated communication technologies to carry out attacks and thwart
law enforcement measures; have individuals who employ tactics, such as suicide
bombing, which require different tactics on the part of law enforcement personnel;
and/or have ill-defined, existential, or unrealisable demands, making negotiation
difficult.
21
The Panel received evidence directly from victims of terrorism and counter-terrorism in many Hearings – see
particularly the Hearings in Northern Africa, Northern Ireland, the Russian Federation (where the Panel heard
from victims of the Beslan school and the Moscow north-east theatre sieges), and the US – nearly all seeking
truth and accountability. See summary of the EJP Hearings in the Russian Federation, Northern Africa and
written submissions by Donald W Goodrich, Families of September 11, and by Adele Welty, September 11th
Families for Peaceful Tomorrows, EJP United States Hearing.
22
See, for example, written submission by the Government of the United Kingdom and Home Office,
Background briefing papers on the 2005 Prevention of Terrorism Bill submitted to the Panel, EJP United
Kingdom Hearing.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents