TERRORISM AND HUMAN RIGHTS: CHALLENGES TO THE FOUNDATIONS OF THE LEGAL ORDER Cover Image

ТЕРОРИЗАМ И ЉУДСКА ПРАВА: ИЗАЗОВИ ОСНОВАМА ПРАВНОГ ПОРЕТКА
TERRORISM AND HUMAN RIGHTS: CHALLENGES TO THE FOUNDATIONS OF THE LEGAL ORDER

Author(s): Daphne Barak-Erez
Subject(s): Human Rights and Humanitarian Law, Security and defense
Published by: Правни факултет Универзитета у Београду
Keywords: Terrorism; Geneva Conventions; Israel; Unlawful combatants; Administrative detention;

Summary/Abstract: This paper deals with the challenge posed by contemporary terrorism. It investigates international and national initiatives aimed at combating terrorist activities. The author argues that, from the international perspective, terrorism is considered a threat because it signals that the new world order formed after the World War II is in danger. In that respect, the author claims that the Geneva Conventions from 1948 do not represent modern reality and as such are inadequate for the current conflicts with terrorist organizations. Also, the Additional Protocol to the Geneva Conventions from 1977 has failed to achieve universal acceptance, especially among those states engaged in terrorist related conflicts. Moreover, many newly adopted conventions on terrorism covers only specific terrorism related activities, and do not change the basic norms of law applicable in times of armed conflict. At the national level, the specific task concerns balancing human rights with government anti-terrorism actions. The author concludes that there is an urgent need to reconsider the application of both international and nationаl laws, in the light of the new reality.

  • Issue Year: 57/2009
  • Issue No: 4
  • Page Range: 206-215
  • Page Count: 10
  • Language: Serbian