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Terrorism

Introduction Terrorism: „deadly or otherwise serious violence against civilians for the purpose of spreading fear amongst the population, or to compel the authoritirs to do, or refrain from doing, something“ (Scheinin) Terrorist acts: human rights violations? After 9/11 range of counterrorism measures

HR applicability War v criminal law paradigm Derogations (A. and Others v. Secretary of State for the Home Department, House of Lords (2004)) Extraterritorial applicability –ICCPR Art. 2(1): „Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant,…“ –„within the power or effective control“

Measures threatening HR Indefinite detention Racial profiling Terrorist listing by Security Council –SC Resolution 1267 – list of terrorists and supporters of terrorism –Kadi v EU Council and Commission (ECJ, 2008) Fair trial Information obtained by torture –A (FC) and others (FC) v. Secretary of State for the Home Department, House of Lords, 2005: Lord Hope: “Once torture has become acclimatised in a legal system it spreads like an infectious disease, hardening and brutalising those who have become accustomed to its use...” –Gafgen v Germany (ECHR, 2010)

Torture Yoo-Bybee memo (2002) –„sufficiently serious physical condition or injury such as death, organ failure, or serious impairment of body functions“ –„Crime of torture does not apply to interrogations undertaken pursuant to his commander-in-chief authority“ Terrorists protected by Geneva Conventions? –Article 3 (Hamdan v Rumsfeld, US Supreme Court, 2006) Waterboarding ( dogs, sleep deprivation, stress positions, hypothermiahttp://

Torture Waterboarding is torture ( Public Committee Against Torture in Israel and Others v State of Israel and Others, Supreme Court of Israel, 6 September 1999: „This is the destiny of democracy, as not all means are acceptable to it, and not all practices employed by its enemies are open before it. Although a democracy must often fight with one hand tied behind its back, it nonetheless has the upper hand. Preserving the Rule of Law and recognition of an individual’s liberty constitutes an important component in its understanding of security. At the end of the day, they strengthen its spirit and its strength and allow it to overcome its difficulties.“