3) Terrorism Flashcards
How does Guantánamo Bay exemplify the challenges of adhering to international human rights law in counterterrorism efforts?
(Hint: Refer to Blakeley and Price’s analysis of the Rendition, Detention, and Interrogation (RDI) program.)
Answer:
Guantánamo Bay demonstrates the tension between national security and international human rights law through indefinite detention, lack of fair trials, and the use of enhanced interrogation techniques. Blakeley and Price argue that these practices violate fundamental human rights, including the prohibition of torture and the right to a fair trial.
Text of ICCPR Article 7:
“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
Connection:
The RDI program highlights how legal exceptionalism undermines global human rights standards in the name of counterterrorism.
What is biopolitics, and how does Dillon relate it to the governance of terror?
(Hint: Consider the concept of the “state of emergency” and biopolitical control.)
Answer:
Biopolitics refers to the governance of populations through the management of life and death. Dillon argues that counterterrorism measures, such as indefinite detention and surveillance, represent biopolitical practices that normalize states of emergency, transforming security into a mode of governance.
Connection:
Dillon critiques how the war on terror extends state control over individuals, eroding legal protections and normalizing exceptional measures.
How does Sanders critique the legal instabilities in the global war on terror?
(Hint: Focus on the concepts of legal exceptionalism and vulnerabilities.)
Answer:
Sanders critiques the legal instabilities in counterterrorism measures, such as the manipulation of legal definitions and frameworks to justify human rights abuses. These instabilities create vulnerabilities that disproportionately affect marginalized groups, undermining the rule of law.
Connection:
The global war on terror demonstrates how legal exceptionalism challenges the universality of human rights protections.
What are the key challenges in balancing counterterrorism and human rights, as identified by Martin Scheinin?
(Hint: Refer to the tension between security and liberty.)
Answer:
Scheinin highlights challenges such as the misuse of emergency powers, arbitrary detention, and discriminatory practices. He emphasizes the need to align counterterrorism measures with international human rights standards to prevent abuses.
Text of ICCPR Article 9:
“Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention.”
Connection:
Scheinin’s analysis underscores the importance of maintaining legal safeguards against abuses in counterterrorism operations.
How does Hoffman argue for integrating human rights into counterterrorism frameworks?
(Hint: Focus on the universality of human rights and non-derogable rights.)
Answer:
Hoffman argues that counterterrorism efforts must respect human rights principles, emphasizing that non-derogable rights, such as the prohibition of torture, cannot be suspended. He critiques practices that prioritize security over accountability.
Connection:
Hoffman’s analysis advocates for embedding human rights in counterterrorism policies to uphold the universality of legal protections.
What human rights challenges arise in dealing with returning ISIS foreign fighters, as discussed by Widagdo et al.?
(Hint: Consider repatriation as a human rights-based approach.)
Answer:
Widagdo et al. argue that repatriation is essential to uphold the rights of returning ISIS fighters, including their right to a fair trial and protection from torture. They critique state practices that strip citizenship or deny repatriation, emphasizing legal obligations under international law.
Connection:
Repatriation aligns with human rights principles, balancing security concerns with obligations to prevent statelessness and ensure due process.
How does Nyamutata critique the classification of ISIS children as either terrorists or victims under international law?
(Hint: Refer to the concepts of child soldiers and victimhood.)
Answer:
Nyamutata critiques the binary classification of ISIS children as either terrorists or victims, arguing that international law must account for their dual status. He highlights the need for rehabilitation and reintegration measures to address their victimization while ensuring accountability for crimes.
Text of CRC Article 39:
“States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of any form of neglect, exploitation, or abuse.”
Connection:
The analysis underscores the importance of treating ISIS children as victims of exploitation while adhering to principles of justice and rehabilitation.
What is the significance of Article 4 of the ICCPR in addressing states of emergency during counterterrorism operations?
(Hint: Refer to derogation clauses and their limitations.)
Answer:
Article 4 of the ICCPR allows for derogation of certain rights during states of emergency but prohibits derogation from non-derogable rights, such as the prohibition of torture and the right to life. This ensures that even in emergencies, fundamental human rights are protected.
Text of ICCPR Article 4(2):
“No derogation from Articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16 and 18 may be made under this provision.”
Connection:
This provision highlights the limitations of legal exceptionalism, ensuring that core rights remain inviolable during counterterrorism operations.
