Counter-Terrorism and Human Rights: The Emergence of a Rule of Customary International Law from United Nations Resolutions
24 Pages Posted: 26 Jun 2012
Date Written: January 26, 2009
Although the United Nations currently has no agreed-upon definition of terrorism, the author argues that it is nonetheless possible to hold States engaged in counter-terrorism efforts liable for violations of international human rights law even when they are not signatories to relevant international treaties. The basis for such an obligation derives from various resolutions of the United Nations and decisions of national courts which represent a step toward the codification of a general obligation to protect human rights in the context of counter-terrorism as an emerging rule of customary international law.
Keywords: terrorism, international human rights, UN resolutions, customary international law
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