Tuesday, March 24, 2015

Is Counter-Terrorism incompatible with Human Rights?

Counter Terrorism is the use of political or military activity with the motivation to prevent or thwart the threat of terrorism. This has been a mode of response adopted in the face of 'New Terrorism' in particular, as in the 21st Century we have seen an exponential growth in acts of terrorism in the Western World, from the 9/11 attacks, to the 7/7 London bombings, from the Madrid bombings in 2004, to the recent 2015 Charlie Hebdo terrorist attack in France. The 'War on Terror' has significantly changed the way that democratic governments have responded to terrorist tactics, as we have extended beyond the boundaries of both state laws and international laws and committed acts against terror suspects that have been controversial in their breach of human rights and civil liberties.

Countering Terrorism has taken on many forms, taking a significant turn during the ongoing 'War on Terror' The United States government, under the Bush Administration, took action to eradicate the terrorist threat from Al-Qaeda after the 9/11 attacks in 2001, the Counter Terrorism techniques adopted were various; including the use of military force and presence in Afghanistan (2001) and Iraq (2003) counter-insurgence in an attempt to diffuse the threat and stabilise the governments of these nations through hard power capabilities, in efforts to install a democratic and representative leader e.g. Ashraf Ghani Ahmadzai's election as President of Afghanistan in September 2014 as a consequence of overthrowing the Taliban before the withdrawal of troops from the nation, as well as the support of Nouri al-Maliki, the previous Shia Muslim Prime Minister of Iraq in a way that resembled soft power. However, this has created a backlash as any Western intervention in the Middle East has become one of the main concerns of these terrorist organizations that conform to 'global terrorism' in that they wish to damage the power or image of the United States and it's allies, therefore, in a sense these actions of counter-terrorism are seen as adding fuel to the fire. The strengthening of state security is also a measure taken by governments to decrease the terror threat level which has been adopted by nations such the UK, Spain, Sri Lanka and Israel, while political deals are also designed to create co-operation to reach a political end in a liberal form in place of conflict or resorting to terror tactics.

However, there are a number of ways in which we have exemplified a breach of human rights during the interrogation, detainment and punishment of terrorist suspects. A case study for this is the treatment of prisoners, at Guantanamo Bay in Cuba, the idea of 'extraordinary rendition' means that a government or intelligence agency such as the CIA, is able to transport a prisoner to another country that does not practice the same Human Rights laws as the United States, which allows these agencies to take part in torture techniques such as water boarding and mock executions, a breach of human rights as well as dismissing the right to a fair trial, detaining prisoners without charge, two prominent suspects being subjected to this were Abu Zubaydah and Khalid Sheikh Mohammed. This is considered to be controversial due to this use of counter-terrorist techniques creating a slippery slope towards becoming an authoritarian state system, giving up the moral high ground and giving the enemy morale, despite the need for intelligence or the utilitarian idea of the greatest good for the greatest number in a 'Ticking Bomb Scenario'.

On the other hand, there is evidence that counter-terrorism is compatible with human rights, along with the use of soft power to influence the ideals of others, military involvement and political deals, there are examples of attempts to quash terrorism without compromising the moral high ground or depriving suspects of their human rights. If we are to maintain a liberal and democratic political system, we must look into the movement of work such as that of the "Human Rights and Terrorism Project" (2005-2008). During the project, seminars took place to develop an innovative, inclusive and just approach to the drafting of UK counter-terrorism legislation, this made steps towards an equilibrium between respect for human rights and the need for national security, which led to the 2008 Counter-Terrorism Bill which made sure that the interrogation and imprisonment of suspects did not infringe upon the rule of criminal procedure in the UK. The Bill was a success in relation to it's influence on post-charge questioning as well as prosecution and punishment. In 2009, it was claimed by David Miliband that "There is no military solution to terrorism." It is agreed that soft power could be significant in the issue of eliminating the terrorist threat, this has been achieved in smaller ways by establishing regional centres and forums in states such as Iraq and Afghanistan to focus on de-radicalization and the idea of 'winning hearts and minds'. In terms of highly capable terrorist groups such as ISIS, this could be important as it has emerged that most of the terror threats in the UK are from citizens which identify with the terrorist organization's ideology. When referring to groups such as ISIS, the severing of funding to the wealthy organization is vital, as they earn £28 million in ransom payments annually as of 2015. The co-operation of nations such as France with terrorist groups can encourage tactics such as hostage situations and beheadings, for this reason, another counter-terrorism strategy in the UK and US is the illegalization of funding ransom payments. This ends the dilemma of forced co-operations and funding.

Ultimately, the strategies used since 2001 by the United States in particular have been in violation of human rights and civil liberties that are not part of the claimed liberal democracies highlighted as a Western model of social framework. However, there has been movement concerning the need to limit counter-terrorism tactics to a more compatible format to create an aforementioned equilibrium between the "respect to human rights while maintaining national security."








No comments:

Post a Comment