Abstract
Terrorism is arguably the most pertinent security issue of the 21st century. More nations are exposed to internal and external terror attacks, and governments are continuously assessing ways of countering terrorism and ensuring their jurisdictions’ security and stability. However, countering terrorism proves to be an overly complex endeavor in which nations have been accused of violating human rights in the past. The following paper presents the discussion that surrounds human rights advocates, the measures employed when fighting terrorism and how terrorism victims are violated during terror attacks. Multiple researchers have studied the relationship between terrorism and the protection of human rights. This paper analyzes ten sources drawn from various peer-reviewed journals, with this paper’s researcher seeking to establish critical points of similarity and differentiation. One of the most notable arguments in literature is that governments are bound to violate certain human rights to combat terrorism. Scholars who belong to this school of thought feel that terrorists pose a substantial danger to society. They have continuously evolved and adopted technologies to avoid detection by law-keeping authorities. Thus, one divide among scholars is the proposition of a justified limitation of human rights. On the other hand, another faction of scholars opines that authorities should not interfere with terrorism suspects’ ordinal human rights. Such scholars are also inclined to the presumption of innocence until one is proven guilty. Both factions, however, have some similarities. The most superficial similarity is the essence of solid legal frameworks in nations to guide counterterrorism and how authorities would keep all citizens safe while observing suspects’ human rights.
Summary
Terror attacks are on a steadily rising trajectory across the world. Terror attacks have mainly been a feature of the 21st century. The bombing of the world trade center in the USA is arguably the most documented terror attack in human civilization. Nations are continuously establishing practices to combat terrorism, as was posited by Mostofa (709). However, such efforts have often been met with resistance from various quarters, with a critical quarter therein being human rights advocacy groups (Avdan, Naji, and Amanda 241). Njoku (772) pointed out that governments have been involved in massive obstruction of human rights, particularly against those accused of terror attacks. In concurrence with the inferences above, Miza, Eriyantouw, and Gunawan (230) inferred that the presumption of innocence precinct is often overlooked in terror cases, with nations having dedicated departments to counter terror attacks. Activities therein often culminate in violation of human rights across various fronts, exposing suspects of terror activities as guilty. Authorities worldwide must develop sound policies to guide the treatment of terror suspects. Violating such individuals’ human rights sets bad precedents and is counterproductive in multiple ways.
Human Rights Advocates and Terrorism Victims
The researcher settled on the topic informed by the need for solid practices in interpreting the law regarding terrorism. As Citron (1) posited, nations could use laws to violate individuals’ rights based on suspicion or proof of involvement in terrorism. Studying this topic was also informed by the need to highlight how different nations perceive terrorism and how countering terrorism affects regions’ nations and the world’s peace and stability.
Annotated Bibliography on Human Rights and Terrorism Victims
Suud, Aghia Khumaesi. “Human Rights Approach in the Disparity of Terrorism Court Decisions.” 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021). Atlantis Press, 2021.
The primary purpose of the source was to evaluate how courts in the Indonesian jurisdiction handle lawsuits whose appellants are accused of terrorism. The author also sought to determine how different contextualizations of Indonesian law led to disparities in sentencing, with human rights being a critical focal point on which the researchers pegged their research. The researchers inferred that terrorism disparities emanate from several influences, such as legal philosophies’ contretemps, the void in the nation’s legal guidelines about terrorism, and judges’ freedom to assess the profundity or severity of crimes. The researcher, Aghia Khumaesi Suud, is an Indonesian legal scholar with a vast experience in human rights. The article was published in the Advances in Social Science, Education and Humanities Research Journal, in volume 592. The journal is peer-reviewed. There are no notable biases in the source, and the source fits the credibility and validity criteria and exudes an ethical approach to collecting data, analyzing it, and presenting it. This work contributes to the topic of Human rights advocates and terrorism by illustrating how differences emerge in sentencing terror charges suspects. Additionally, it discusses the essence of the presumption of innocence until proven guilty precinct in terrorism cases.
Shah, Ninad. “Terrorism and Counter-Terrorism–A Study on Human Rights Violation.” LEX HUMANITARIAE: JOURNAL FOR A CHANGE, 2020.
The primary purpose of the source is to evaluate the relationship between human rights violations in the government’s quests to quash terrorism. The researcher founded his paper on the inevitable violation of terror suspects’ human rights as governments justify such acts necessary for their jurisdictions’ stability and social order. The core arguments of the source are that governments have an obligation and duty to their citizens. To this effect, governments ought to deter terrorism proactively as opposed to the ordinal reactive trajectory, which essentially violates human rights amongst multitudinous facets, not only among terror suspects but also among civilians, mainly when there is substantial damage or alteration of civilian-essential infrastructure and social services. The source’s author is a legal researcher at Gujarat National Law University. The source is also peer-reviewed and published in the April 2020 edition of the Lex Humanitarian: Journal for a Change journal. The researcher did not note any shortcomings or biases in the source. The source’s inferences are crucial for the topic as the author highlighted the essence of administrative and legal accountability vested in the authorities and officers involved in counterterrorism. The author’s call to protect human rights in a cross-sectional trajectory is a worthwhile foundation where future researchers and scholars on human rights advocacy and terrorism can build their research.
Voloshchuk, Oksana, et al. “Human rights protection in the context of combating terrorism: problems of finding the optimal balance.” Revista Amazonia Investiga, 2021.
The primary purpose of the source is to illustrate the paradox of human rights in light of terrorism, with the authors stating their inclination to find a balance in empirical definitions between observing human rights and effectively countering terrorism. The authors inferred that the protection of human rights is a canonical value that all nations ought to adhere to strictly. The authors also argued that governments could effectively implement counterterrorism without unnecessarily violating human rights. The authors, however, floated a disclaimer in retaliation to the hypothetical leaning above by indicating that for such balance to be achieved, authorities ought to bolster democracy in their jurisdictions. Oksana Voloschuk is a law professor specializing in European Law and Comparative Law. At the same time, Viktoriia Kolesnyk is a professor at the National University Odesa Law, Andrii Shevchuk lectures at the Department of Criminal Law and Criminalistics Yuriy Fedkovych Chernivtsi National University, Olena Yushchyk is an Associate Professor of the Department of Criminal Law, Chernivtsi National University: Chernivtsi, Ukraine, and Krainii, Pavlo is a legal scholar, who also teaches at Yuriy Fedkovych Chernivtsi National University, Ukraine. The source appears in the Revista Amazonia Investiga peer-reviewed journal. The source has no superficial shortcomings or biases. The source’s contribution to the topic of human rights advocacy and terrorism is domiciled in its gradual depiction of the government’s role in promoting the balance between human rights and counterterrorism.
Mutungi, Stephen Kimathi, and Francis Mulu. “Counterterrorism Measures and Human Rights Protection in Kenya.” International Journal of Current Aspects, 2021.
The primary purpose of the source was to demonstrate the deviation of the government in Kenya to the protection of human rights, supported by the authorities’ counterterrorism courses. The authors inferred that while some Kenyan government’s counterterrorism activities violate human rights, others uphold such rights. Further, the researchers pointed out that most terrorist suspects are recruited or radicalized into terrorist organizations pushed by factors such as economic strife and radical religious teachings. To this effect, the source’s authors posited that if the government is to counterterrorism and subsequently reduce the propensity of the government being accused of human rights infringements, the latter ought to support proactive programs such as boosting individuals susceptible to terror’s economic stability and addressing religious radicalization. Stephen Kimathi Mutungi and Francis Mulu are affiliated with Kenyatta University, both lecturing in the Department of International Relations, Conflict, and Strategic Studies, and are therefore well-versed in human rights advocacy and international human rights topic. The source was published in the peer-reviewed International Journal of Current Aspects. There are no shortcomings or biases noted in the source. The source contributes to the topic of human rights advocacy and terrorism by highlighting the importance of sound policies and guidelines on proactive counterterrorism.
Titahelu, Juanrico Alfaromona Sumarezs. “Legal Aspects of International Cooperation Between Countries on Terrorism Criminal Action: Human Rights Perspective.” JURNAL BELO 8.1, 2022.
The paper’s main purpose was to assess the legal realms applicable to countering terrorism in a transborder fashion, with the author focusing on The Association of Southeast Asian Nations. The author posited that nations ought to work together in countering terrorism, particularly observing that such cooperation ought to be premised on the protection of human rights. The author also indicated that governments across the world have in the past violated human rights in various ways while countering terrorism. The author also argued that when cooperation between nations is conducted cordially, there is increased understanding, and such partners hold one another accountable for any violations. Juanico Alfaromona Sumarezs Titahelu lectures at the Faculty of Law, Pattimura University, and is highly experienced in international law. The source appeared in JURNAL BELO, a peer-reviewed journal in the February 2022 edition. With adequate support of claims and an easy-to-follow and subsequently comprehending structure, the source lacks any shortcomings or biases. The source contributes to human rights advocacy and terrorism by discussing the essence of international cooperation. International partners, such as the ASEAN, are likely to develop more solid policies and guidelines for protecting human rights.
Ashukem, Jean-Claude N. “To give a dog a bad name to kill it–Cameroon’s anti-terrorism law as a strategic framework for human rights violations.” Journal of Contemporary African Studies, 2021.
The primary purpose of the source is to demonstrate how the Cameronian government and other governments across the world could use legal justifications to justify human rights violations, such as the author’s claim on Cameroon’s anti-terrorism law 2014 counterproductivity in countering terrorism. The author pointed out that where there is inconsistency or irregularity in lawmaking, governments could use constitutions founded on protecting all people’s human rights to violate the same rights. The author also likened such human rights violations to strategic frameworks which governments could adopt, mainly when there is a diminished need for accountability. Such governments fight terrorism in seemingly opaque fashions, threatening the civilians’ power to hold the authorities accountable. Jean-Claude N. Ashukem is affiliated with the University of the Free State, Bloemfontein, South Africa, where he is a Post-doctoral Research Fellow in the department of law, and the source, which shows no shortcomings or biases, was published in the journal of contemporary African Studies in the 29th volume of 2021. The journal is a peer-reviewed journal. The source contributes to the topic of human rights advocacy and terrorism by shining light on a critical area- lawmaking, which raises concerns about the validity of laws and the extent to which laws and government policies are deemed practical or valid.
Khan, Muhammad Pervaiz. “Terrorism and the Human Rights: A critical evaluation of Anti-Terrorism Laws and Rights of Victims in Pakistan in the Wake of Terrorism.” Available at SSRN 3970960, 2021.
The primary purpose of the source was to evaluate whether there exists or there is a need for a balance between the protection of human rights and countering terrorism, with the study focusing on Pakistan, which has been a historical terrorism hotspot. The author argued that the fight against terrorism is overambitious in most cases, which causes high levels of uncertainty among communities and affects society’s stability. The author also posited that it is crucial that the Pakistani lawmaking organs make sound laws that guide the treatment of terror suspects, their families, and contacts, with the author, also indicating that such legislation ought to be founded on international principles of law, with the most superficial being the ‘maxim ei incumbit probatio qui dicit, non qui negat’ principle, which loosely translates that accused persons only ought to be treated as accused until courts are convinced that they committed the stipulated crimes. Muhammad Pervaiz Khan is a judicial officer in Pakistan, working as a high court judge, well-versed in international human rights law. The source appeared on Social Science Research Network, a peer-reviewed journal. This bibliography’s researcher did not identify any shortcomings or biases in the source. The source contributes to the topic of human rights advocacy and terrorism by highlighting the essence of governments observing the law when interacting with individuals accused of terrorism. Also, the paper is written from a judge’s perspective, which could prompt future researchers on the topic to evaluate loopholes in existing laws and address them substantively.
EJEH, Emelda Undiandeye, et al. “INVESTIGATION AND PROSECUTION OF TERRORISM: THE HUMAN RIGHTS DIMENSION OF PRE-CHARGE DETENTION UNDER NIGERIAN LAW.” LAW AND SOCIAL JUSTICE REVIEW, 2020.
The primary purpose of the source is to evaluate how counterterrorism activities affect how human rights are perceived and actioned in Nigeria, which has had multiple episodes of terror attacks in the last two decades. The authors inferred that in its quest for counterterrorism, the Nigerian government has failed to support such activities in a manner that protects human rights. The authors also posited that human rights violations are widespread against those accused of terrorism and their families and social contacts. Some counterterrorism activities also exuded a widespread collaterally of damage. Emelda Undiandeye Ejeh, Ebunoluwa Popoola, Ai Bappah, and Yusuf Dankofa are legal scholars who teach law at the university level. The source appeared in the Law and Social Justice Review (LASJURE) journal in 2021. Law and Social Justice Review (LASJURE) is a peer-reviewed journal. Having discussed the topic in-depth and comparing jurisdictional practices across regions about the relationship between human rights and counterterrorism, this bibliography’s researcher did not encounter any research shortcomings or biases. Lastly, the source contributes to human rights advocacy and terrorism by encouraging future researchers to employ a multi-thronged approach when studying the topic, particularly comparing and contrasting multiple jurisdictions against the topic.
REDDY, KEERTHI KRISHNA. “The Dilemma Faced by Democracies in Balancing Counter-Terrorism and Safeguarding Human Rights: Lessons from India.” International Journal of Current Aspects, 2021.
The primary purpose of the source is to explore if nations can successfully have a balance between protecting human rights and effectively reducing the probability of terrorism in nations, with the author basing the study on India. The author inferred that governments need to have sound policies to guide the treatment of terror suspects. The author implores the authorities to be neutral, given that they are responsible for maintaining their nations’ security and stability. Further on, the author argued that e India’s model of combatting terrorism alongside legislation, alongside legislation Where the government has proof of an individual’s involvement or probability of committing terror in the future, the authorities ought to expedite action and focus on the greater good, which could entail the restriction of some human rights for terrorism suspects. The source’s author is Keerthi Krishna Reddy, a Judicial Clerk to Justice B.V. Nagarathna, High Court of Karnataka, India. The source appeared in the International Journal of Legal Science and Innovation, a peer-reviewed journal, and no shortcomings or biases were noted in analyzing the source. The source contributes to the human rights advocacy and terrorism topic by suggesting the limits of the law and cementing the concept of governments being answerable to the people and therefore bound to look at their citizens’ greater good in countering terrorism.
Lessa, Francesca. “Operation condor on trial: Justice for transnational human rights crimes in South America.” Journal of Latin American Studies 51.2 (2019): 409-439.
The primary purpose of the source was to evaluate the nature of trans-border crimes, which possess elements of terrorism, with the researcher basing her study on South American cases. The author posited that nations are bound to observe human rights for individuals accused of trans-border crimes. The researcher also infers that it is essential that intearanytaila law experts also recommend international legal frameworks for consistency in interpretation. Additionally, the author noted the essence of cooperation between nations where there do not exist clear guidelines, with nations implored to interpret the law reasonably, with accused persons’ rights respected to the highest levels. The author, Francesca Lessa, is a scholar specializing in history and development studies. She teaches Latin American studies and development at the University of Oxford. The source appeared in the Journal of Latin American Studies, a peer-reviewed journal. No shortcomings or biases were observed in the source. The source contributes to the topic of human rights advocacy and terrorism by recommending the need for cross-border laws to guide how terror suspects ought to be treated.
Works Cited
Ashukem, Jean-Claude N. “To give a dog a bad name to kill it–Cameroon’s anti-terrorism law as a strategic framework for human rights violations.” Journal of Contemporary African Studies, 2021.
Avdan, Nazli, Naji Bsisu, and Amanda Murdie. “Abuse by association: migration from terror-prone countries and human rights abuses.” International Interactions, 2021.
Citron, Talia. “TERRORIST RADICALIZATION OVER THE DINNER TABLE: PREVENTING TERRORIST RADICALIZATION W [THIN FAMILIES WHILE RESPECTING INTERNATIONAL HUMAN RIGHTS.” George Washington International Law Review, 2021.
EJEH, Emelda Undiandeye, et al. “INVESTIGATION AND PROSECUTION OF TERRORISM: THE HUMAN RIGHTS DIMENSION OF PRE-CHARGE DETENTION UNDER NIGERIAN LAW.” LAW AND SOCIAL JUSTICE REVIEW, 2020.
Khan, Muhammad Pervaiz. “Terrorism and the Human Rights: A critical evaluation of Anti-Terrorism Laws and Rights of Victims in Pakistan in the Wake of Terrorism.” Available at SSRN 3970960, 2021.
Lessa, Francesca. “Operation condor on trial: Justice for transnational human rights crimes in South America.” Journal of Latin American Studies, 2019.
Miza, Indra, Eriyantouw Wahid, and Gunawan Djajaputra. “Optimizing The Application of The Presumption of Innocence In Indonesia’s Enforcement Against Terrorists.” Indonesian Journal of Multidisciplinary Science, 2021.
Mostofa, Shafi Md. “Jama’at‐e‐Islami and Trust Building in Bangladesh.” Politics & Policy, 2021.
Mutungi, Stephen Kimathi, and Francis Mulu. “Counterterrorism Measures and Human Rights Protection in Kenya.” International Journal of Current Aspects, 2021.
Njoku, Emeka Thaddues. “State-oriented service-delivery partnership with civil society organizations in the context of counterterrorism in Nigeria.” Development Policy Review, 2021.
REDDY, KEERTHI KRISHNA. “The Dilemma Faced by Democracies in Balancing Counter-Terrorism and Safeguarding Human Rights: Lessons from India.” International Journal of Current Aspects, 2021.
Shah, Ninad. “Terrorism and Counter-Terrorism–A Study on Human Rights Violation.” LEX HUMANITARIAE: JOURNAL FOR A CHANGE, 2020.
Suud, Aghia Khumaesi. “Human Rights Approach in the Disparity of Terrorism Court Decisions.” 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021). Atlantis Press, 2021.
Titahelu, Juanrico Alfaromona Sumarezs. “Legal Aspects of International Cooperation Between Countries on Terrorism Criminal Action: Human Rights Perspective.” JURNAL BELO 8.1, 2022.
Voloshchuk, Oksana, et al. “Human rights protection in the context of combating terrorism: problems of finding the optimal balance.” Revista Amazonia Investiga, 2021.