TERRORISM AND HUMAN RIGHTS: LEGAL CHALLENGES AND THE IMPERATIVE OF RIGHTS-COMPLIANT COUNTER-TERROR MEASURES

Abstract

The fight against terrorism presents a complex legal and ethical dilemma: how can states ensure security while upholding fundamental human rights? This chapter critically examines the tension between counter-terrorism measures and human rights protections, analyzing how excessive or disproportionate security policies often undermine the very democratic values they seek to defend. Focusing on post-9/11 developments, the study explores key legal challenges including arbitrary detention, torture prohibitions, privacy rights in digital surveillance, and the criminalization of speech under anti-terror laws. Through case studies of domestic counter-terrorism legislation and international jurisprudence, the chapter demonstrates how rights-violating approaches not only fail to enhance security but can exacerbate radicalization. It further evaluates emerging frameworks for rights-compliant counter-terrorism, emphasizing the principles of necessity, proportionality, and non-discrimination under international human rights law. The analysis concludes with policy recommendations for reconciling security imperatives with robust human rights safeguards in an era of evolving transnational threats.