Combating Terrorism Based on the Principles of International Law

Introduction

Definition of “rule of law” The concept of “rule of law” is central to the United Nations system, including concerning its work in countering terrorism. As has been widely recognized by various UN bodies, organizations, and Member States, terrorism threatens both the rule of law and the fundamental freedoms of citizens and society as a whole; Indeed, the General Assembly has reaffirmed in the UN Global Counter-Terrorism Strategy that one of the main goals of terrorism is often the erosion of the rule of law, together with “human rights, fundamental freedoms, and democracy...” (United Nations, General Assembly, 2006, A/RES60 /288). Accordingly, counter-terrorism responses that do not comply with the rule of law may undermine their legitimacy and effectiveness while encouraging such terrorist goals. Although there is no single definition of the concept of “rule of law”, its essence was captured by the former UN Secretary-General Kofi Annan in the report “The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies”, when he described the “rule of law” as “a principle of governance, in under which all persons, institutions and entities, public and private, including the State itself, operate under laws that have been publicly enacted, are equally enforced and independently enforced by the judiciary, and are consistent with international law and standards human being” (United Nations, Security Council, 2004, S/2004/616, paragraph 6). In the context of counter-terrorism, UN bodies and organizations regularly express the strong opinion that respect for human rights in the context of counter-terrorism is not only a matter of legal obligation but is critical to the ultimate success of any counter-terrorism strategy. For example, a recent report by the United Nations High Commissioner for Human Rights notes: Effective counter-terrorism measures and the protection of human rights are complementary and mutually reinforcing goals that must be pursued jointly as part of the responsibility of states to protect individuals under their jurisdiction. World experience has shown that the protection of human rights and the rule of law in themselves contribute to countering terrorism, in particular, by creating an atmosphere of trust between the state and persons under their jurisdiction. (UN, General Assembly, Human Rights Council, 2016, A/HRC/34/30, para. 56). This is confirmed by the indivisible relationship between international human rights law and criminal law (both national and international). From a rule of law perspective, the essence of criminal law is to define the parameters of what is acceptable and unacceptable behavior in a given social context. If, for example, definitions of crimes are ambiguous, this can undermine the core function of criminal law, making it easier for others to act contrary to the rule of law. In addition, UN bodies and organizations, including the General Assembly and the Security Council, regularly emphasize the importance of respecting not only international human rights law but also international humanitarian law and international refugee law (UN Security Council Resolution 1373 (2001), especially in the context of the UN Global Counter-Terrorism Strategy.