Can Counter-Terrorist Internment Ever Be Legitimate?
Human Rights Quarterly, Vol. 33, No. 1, pp. 593-619, 2011
Posted: 31 Jul 2011
Date Written: July 30, 2011
Counter-terrorist internment is generally rejected as illegitimate from a human rights perspective. However, while the practice of counter-terrorist internment has long resulted in the infringement of human rights, this article argues that the concept of internment holds some potential for legitimacy. This potential can only be realized if four legitimacy factors are fully embraced and complied with: public justificatory deliberation, non-discrimination, meaningful review, and effective temporal limitation. Outlining these factors, this article imagines a system of internment that is legitimate from a human rights perspective and can serve both real and pressing security needs, and rights-based legitimacy needs.
Keywords: terrorism, internment, detention, legitimacy, rule of law
JEL Classification: K19, K33, N40, H56
Suggested Citation: Suggested Citation