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- Title
APPLICABILITY OF HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW TO TERRORISM.
- Authors
LUCA, Iamandi; MĂNĂILESCU, Iulian-Constantin
- Abstract
In recent years, the terrorist threat has increased and spread around the world. The horrific number of victims, 3,000 people, on September 11, 2001, when the terrorist attacks on the United States took place in Pennsylvania, the World Trade Center in New York and the Pentagon in Virginia kicked off a series of unprecedented counterterrorism measures. These measures have raised the issue of fundamental rights in the fight against terrorism, but also that of whether the war against terrorism is not subject to international humanitarian law. Thus, in the matter of terrorism, the states of the world had to find the answer to several questions: The fundamental rights and freedoms respected in their entirety for terrorists? Can derogations motivated by the disasters that a terrorist attack produces be allowed? Must these rights be seen in conjunction with humanitarian law? The answer to these questions came from a number of conventions and strategies at global and European level in which it was established how fundamental rights and freedoms are interpreted in the context of terrorism. Whether they are terrorists or refugees and migrants from countries with terrorist potential, these rights must not be restricted any more than is provided for in the treaties that have established them, regardless of any motivation. As far as international humanitarian law is concerned, it applies in established terms, terrorism is only the motivation of a war, "war against terrorism" is a phrase, not a war per se, even if t against terrorism can turn into a genuine one.
- Subjects
TERRORISM; HUMANITARIAN law; WAR on Terrorism, 2001-2009; HUMAN rights; WAR; CIVIL rights
- Publication
Valahia University Law Study, 2022, Vol 39, p269
- ISSN
2247-9937
- Publication type
Article