Administrative Measures in Counter-Terrorism and the Protection of Human Rights

Abstract

This article analyses the increasing use of administrative measures, such as travel bans and control orders, in the counter-terrorism context. On the basis of a review of the use of these measures in three selected states (the United Kingdom, France, and the Netherlands), the paper provides a critical assessment of the use of administrative measures in counter-terrorism. It identifies in which situations it might be justified to use administrative measures, and assesses the impact of the use of these measures on the protection of human rights. In conclusion, the paper recommends to establish limits and safeguards around the use of administrative measures in counter-terrorism.

Keywords: international law, human rights, counter-terrorism, administrative measures, due process, preemptive measures

JEL Classification: K1, K10, K14, K3, K33, K42, N4, N40, N44