Trading Justice for Security? UN Anti-Terrorism, Due Process Rights, and the Role of the Judiciary: Lessons for policymakers

The purpose of this policy paper is to highlight the role
of the judiciary in reconciling counter-terrorism strategies
with human rights standards. Indeed, judicial assent
to the excesses of policy-makers risks deepening the
human rights crisis caused by the fight against apocalyptic
terrorism. In the aftermath of the September 11, 2001
terrorist attacks against the United States, the political
climate has been dominated by security concerns. The
United States has invoked its right to self-defence and
declared itself to be engaged in a “war” against terrorism
of global reach. The condemnation by the UN Security
Council of any act of terrorism as a threat to international
peace and security has contributed to the prioritization
of counter-terrorism strategies worldwide. In this context,
the collision of anti-terrorist measures with human
rights has not received the attention it deserves. This is
particularly the case with regard to the extensive financial
measures imposed by the UN Security Council against
persons and organisations suspected of association with
terrorism.

Citation:
Draghici, C. (2009) ‘Trading Justice for Security? UN Anti-Terrorism, Due Process Rights, and the Role of the Judiciary: Lessons for policymakers ’ Centre on Human Rights in Conflict, Policy Paper No. 2, May 2009.