Introduction
Terrorism poses a serious threat, not only to international peace and security, but also to the enjoyment of human rights and social and economic development. Member States are therefore under a human rights obligation to safeguard the security of their citizens, including through effective counter-terrorism measures.
Beginning with its adoption of resolution 1456 (2003), the Security Council has consistently affirmed that States must ensure that any measures taken to counter terrorism comply with all their obligations under international law, in particular international human rights, refugee, and international humanitarian law. More recently, the Council has underscored that effective counter-terrorism measures and respect for human rights, fundamental freedoms, and the rule of law are complementary and mutually reinforcing, and constitute an essential part of successful counter-terrorism efforts. In its resolution 2178 (2014), the Council stated that failure to comply with these and other international obligations, including under the Charter of the United Nations, fosters a sense of impunity and is one of the factors contributing to increased radicalization.
With the establishment of the Counter-Terrorism Committee Executive Directorate (CTED), the Committee began moving toward a more proactive policy on human rights. CTED was mandated to liaise with the Office of the United Nations High Commissioner for Human Rights (OHCHR) and other human rights organizations in matters related to counter-terrorism (S/2004/124), and human rights experts were appointed to its staff. In the Counter-Terrorism Committee’s reports to the Security Council, submitted as part of its comprehensive reviews of the work of CTED, the Committee states that CTED should take account of relevant human rights obligations (S/2005/800 and S/2006/989). In May 2006, the Committee adopted human rights policy guidance for CTED. The Committee and CTED now routinely take account of relevant human rights issues in all their activities, including country visits and other interactions with Member States.
Security Council resolution 1624 (2005), which addresses incitement to commit terrorist acts, stresses that States must ensure that any measures they take to implement the resolution comply with all their obligations under international law. The resolution’s preamble highlights, inter alia, the relevance of the right to freedom of expression to counter-incitement measures, and states that incitement poses a serious and growing danger to the enjoyment of human rights.
Terrorism and human rights are inter-related to each other because when one starts other violates. Terrorism is a global concern today and in true sense it has relation with the almighty. I have taken this topic only because I have been working on this topic since when I lost my near ones in the terror attacks from 1993 bombay , 2002 gujrat, 2004 and 2006 in mumbai and the latest one in november 26 in different areas of mumbai. Truly , this topic does not need a proper introduction but what it needs is a proper and rigid fullstop.
Terrorism itself is an attack on human rights. The direct linkage between terrorism and human rights was first recognized by World Conference on Human Rights in Vienna,1993, of the vienna declaration and its programme of Action stipulates that “ acts, methods and practices of terrorism in all its forms and manifestation as well as linking in some countries to drug traffiking are activities aimed at the destruction of human rights.
Some vital question of ethics, human rights, and value by means of dialogue between law and literature. Terror or terrorism has never been far from the consciousness of poetic culture since French Revolution and philosophers such as Burke and Kant were grappling contemporaneously with the curious compulsion towards terror of the modern age. Terrorism is a deliberate and systematic murder, maiming and menacing of innocent to inspire fear for political ends.
Terrorism according to me is a product of fanatical violence perpetrated generally in order to realise some political ends to which all humanitarian and ethical beliefs are sacrificed. It is a use of force, threat, and violence methods to combat to achieve certain goals that is aim to induce a state of fear in the victim, that it is ruthless and against humanitarian norms and that publicity is an essential factors in the terrorist strategy.
Defining Terrorism
In accordance with Security Council resolution 1805 (2008), CTED established an internal Working Group on Issues Raised by resolution 1624 (2005) and Human Rights Aspects of Counter-Terrorism in the Context of resolution 1373 (2001). The Working Group’s main objectives are to enhance expertise and develop common approaches by CTED staff on human rights issues, as well as to consider ways in which the Committee might more effectively encourage Member States to comply with their international obligations in this area. More recently, in its resolution 2129 (2013), the Council encourages CTED to further develop its activities in the areas of human rights and rule of law, “to ensure that all issues relevant to the implementation of resolutions 1373 (2001) and 1624 (2005) are addressed consistently and even-handedly, including, as appropriate, on country visits that are organized with the consent of the visited Member State and in the delivery of technical assistance”.
In its Global Survey of the implementation of resolution 1373 (2001) by Member States, CTED drew attention to a range of human rights issues relevant to the implementation of the resolution. It observed, for example, that some States had proposed or enacted special measures that departed from standard criminal or administrative procedures, including by extending permissible periods of investigative or pre-trial detention or imposing limits on access to counsel. CTED also noted that United Nations human rights mechanisms had expressed concern that such provisions might not comply with States’ international human rights obligations.
Since its inception, the Counter-Terrorism Committee has been regularly briefed by the High Commissioner for Human Rights (including former High Commissioners Mary Robinson, Sergio Vieira de Mello, and Navanethem Pillay), as well as by the Vice Chairman of the United Nations Human Rights Committee and the Special Rapporteur of the United Nations Human Rights Council, on the promotion and protection of human rights while countering terrorism. OHCHR has submitted notes to the Committee on the human rights obligations of States in the context of counter-terrorism, and regularly liaises with CTED on a number of issues. CTED also works closely with the Counter-Terrorism Implementation Task Force (CTITF) as a member of its Working Group on Human Rights and Rule of Law.
Terror and terrorism can be viewed either from the perspective of the person who applies it or from the perspective of the person subjected to it. As Hegel observed that about the master- slave relationship, the possibility of exchange of roles always exists. Applied terror and terrorism as function of domination alters the human relation between the parties. Hegel sees this as a dialectical exchange with social as well psychological complications.
The relation between the force of terror as instrument of state. Terror here is in the service of the state. There is evidence that no human being can terrorize another human being without an exaltation which is the Jacobean’s thought of “virtue”. Terrorism by unofficial groups against the targets in another state or within the state, if promoted or condoned by a government, may raise issues which are unlawful use of force by the state. Terrorism is a means to to those fanatics who uses this as one of the most valuable weapon against all the combined forces against it.
Factors Of Terrorism
This is a question which everyone has an answer and each answer varies from one another. This shows that how people are concerned about this threat. This threat is no js personam and has its effect in all spheres of life. In my project I will be dealing with various factors which promotes terrorism at large. These are
- Economic aspect
- Political aspect
- Social aspect
- Religious aspect
- Ideological aspect
Politics Of Terrorism In India
The political systems are facing a major paradox at present. It relates to the stability of the nation- state which, with its unprecedented military strength and a large panoply of other security arrangements, has greater chances of fending off internal opponents and external aggressors. Thus the governments, in their eagerness to secure and maintain a desired degree of obedience and loyalty, have frequently directed institutionalized violence against their own citizenry as well as against other communities under their control.
Whose Human Rights Violation
The rights which are violated by the terrorist attacks on the innocent people and those who are involved in the terrorist group. It is a well known fact no one in this world is a terrorist by birth. It is the society and the endeavor taken by few fanatics’ rather religious fanatics who washes the innocent brain which is supported by illiteracy and poverty.
Role of hindutva on terrorism and the babri demolition and consequent attack on Bombay in 1993 and few other attacks on India and the role of neighboring countries will be discussed in the final project/ draft in different chapters
Role Of Police And National Human Rights Commission
In this chapter I will be dealing with the way police is been acting on these crucial and sentimental issues. The human rights violation in the custody and steps taken by national human rights commission and media both print and electronic.
Legislation And Its Myth
This chapter will be dealing with the steps taken by the legislature and the errors and lacunae in those legislations and improper handling of cases by the authorities. This will also discuss the lack of implementation of these laws and whether we need more anti terror legislations in our country. Some abortive laws will also be discussed.