Date: 20 May 2024

National security
Semester Two
Instructor: Dr. Mohamud Mohamed Salad
GROUP 2 Names:
1. Zakarie Mohamud Omar Osoble
2. Abdi Ali Mohamed
3. Abdiaziz hassan Ali
4. Shafici Abdullahi Mohamed
5. Abdalla Ahmed Abdalla

In the context of National Security, examine the impact of counter terrorism measures on
human rights. Discuss issues such as drone strikes, surveillance, torture, and the balance
between global or national security and individual rights.

The interplay between counter-terrorism measures and human rights involves a detailed
examination of several critical areas, each with specific legal, ethical, and practical
implications. These areas include drone strikes, surveillance, torture, and the overarching
balance between security and individual rights.

Drone Strikes
Impact on Human Rights
1. Right to Life: Drone strikes often result in civilian casualties, which violates the
fundamental right to life. Reports indicate that strikes intended to target terrorists
frequently kill non-combatants, including women and children. For instance, a 2013
report by Human Rights Watch highlighted numerous instances of civilian deaths in
Yemen due to US drone strikes.
2. Due Process: Targeted killings via drone’s bypass judicial processes, denying
individuals the right to a fair trial. This extrajudicial method of dealing with suspected
 terrorists is contentious as it contradicts the legal principles of presumption of
innocence and the right to defence.
3. Accountability and Transparency: There is often a lack of transparency regarding
the criteria used to select targets and the assessment of collateral damage. The secrecy
surrounding drone operations makes it difficult to hold authorities accountable for
unlawful deaths and injuries.

Legal and Ethical Considerations

 International Law: The use of drones in counterterrorism is governed by
international humanitarian law (IHL) and international human rights law (IHRL).
Under IHL, drone strikes must distinguish between combatants and non-combatants
and ensure proportionality and necessity. Violations of these principles can constitute
war crimes.
 Moral Implications: Beyond legality, the moral implications of drone strikes include
the psychological impact on affected communities and the potential for increased anti-
American sentiment, which may, paradoxically, foster more terrorism.

Surveillance
Impact on Human Rights
1. Right to Privacy: Mass surveillance programs, such as those revealed by Edward
Snowden, involve extensive monitoring of communications and data, often without
individuals' consent. This infringes upon the right to privacy guaranteed under various
international covenants like the International Covenant on Civil and Political Rights
(ICCPR).
2. Freedom of Expression: Surveillance can create a chilling effect, where individuals
feel restrained from expressing dissent or controversial opinions due to fear of being
monitored. This undermines the freedom of expression, a cornerstone of democratic
societies.
3. Discrimination: Surveillance programs often disproportionately target specific
ethnic, religious, or political groups, leading to discrimination and stigmatization. For
instance, Muslim communities in the US and Europe have reported feeling unfairly
targeted by counter-terrorism surveillance measures.

Legal and Ethical Considerations

 Legal Safeguards: Effective legal frameworks are essential to regulate surveillance
activities, ensuring they are necessary, proportionate, and subject to judicial oversight.
The European Court of Human Rights (ECHR) and national courts have ruled against
overreaching surveillance practices, emphasizing the need for stringent safeguards.
  Transparency and Oversight: Governments must ensure transparency about
surveillance practices and provide avenues for redress. Independent oversight bodies
can help monitor and regulate the use of surveillance to prevent abuse.

Torture
Impact on Human Rights
1. Prohibition Against Torture: Torture is unequivocally prohibited under international
law, including the UN Convention Against Torture (UNCAT). Despite this, the use of
torture in counterterrorism, notably by the CIA at Guantanamo Bay and other black
sites, has been documented. Such practices constitute severe human rights violations.
2. Legal and Moral Implications: Torture not only violates legal standards but also
erodes the moral authority of states that condone or practice it. It undermines the rule
of law and damages the reputation of democratic institutions globally.
3. Psychological and Physical Harm: Victims of torture suffer long-lasting physical
and psychological damage. Reports from Physicians for Human Rights highlight the
severe health consequences faced by torture survivors, including PTSD, depression,
and chronic pain.
Legal and Ethical Considerations
 Legal Frameworks: Legal instruments like the UNCAT and the Geneva Conventions
provide comprehensive frameworks to prevent and punish torture. Compliance with
these frameworks is crucial for maintaining international law and human rights
standards.
 Ethical Considerations: The use of torture is ethically indefensible, as it inflicts
severe suffering and dehumanizes both the victim and the perpetrator. Ethical counter-
terrorism strategies must categorically reject torture in any form.

Balancing Security and Human Rights

Challenges and Considerations
1. Proportionality and Necessity: Counter-terrorism measures must be proportionate to
the threat and necessary to achieve legitimate security objectives. Blanket policies or
overly broad measures often result in unnecessary infringements on individual rights.
2. Legal Safeguards and Oversight: Robust legal frameworks and independent
oversight mechanisms are essential to ensure that counter-terrorism measures respect
human rights. National and international bodies, such as the UN Special Rapporteur
on Counterterrorism and Human Rights, play a critical role in monitoring and
enforcing compliance.
 3. Transparency and Accountability: Governments must ensure transparency in their
counter-terrorism efforts and hold those who violate human rights accountable. Clear
guidelines, judicial oversight, and avenues for redress are crucial components of a
balanced approach.
Best Practices
 Human Rights-Cantered Approaches: Counter-terrorism strategies that integrate
human rights considerations tend to be more effective and sustainable. For example,
community-based approaches that build trust and cooperation between law
enforcement and communities can help prevent radicalization and violence without
infringing on rights.
 International Cooperation: Collaborative international efforts, guided by human
rights principles, can enhance the effectiveness of counter-terrorism measures while
ensuring compliance with legal and ethical standards. Information sharing, joint
training, and adherence to international norms are key elements of such cooperation.
Conclusion
The impact of counter-terrorism measures on human rights is profound and multifaceted.
Ensuring a balance between security and individual rights requires careful consideration of
legal, ethical, and practical implications. Drone strikes, surveillance, and torture present
significant challenges, underscoring the need for robust legal frameworks, transparency, and
accountability. By prioritizing human rights within counter-terrorism strategies, states can
enhance their security measures' legitimacy and effectiveness, ultimately contributing to
global stability and justice.
References

Human Rights Watch, "Between a Drone and Al-Qaeda: The Civilian Cost of US Targeted Killings in
Yemen."

Amnesty International, "Will I Be Next? US Drone Strikes in Pakistan."

Electronic Frontier Foundation, "NSA Spying."

International Committee of the Red Cross, "International Humanitarian Law and the Challenges of
Contemporary Armed Conflicts."

Council on Foreign Relations, "The Impact of U.S. Drone Strikes on Terrorism and
Counterterrorism."

United Nations, "International Covenant on Civil and Political Rights."

Reporters Without Borders, "Surveillance and the Threat to Journalists."

American Civil Liberties Union, "Racial Profiling in Counterterrorism."

European Court of Human Rights, "Judgment in the Case of Big Brother Watch and Others v. the
United Kingdom."

Office of the United Nations High Commissioner for Human Rights, "The Right to Privacy in the
Digital Age."

United Nations, "Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment."

International Rehabilitation Council for Torture Victims, "Torture Journal: Accountability in Health
and Human Rights."

Physicians for Human Rights, "Broken Laws, Broken Lives: Medical Evidence of Torture by US
Personnel and Its Impact."

United Nations Office on Drugs and Crime, "Handbook on Effective Prosecution Responses to
Violence against Women and Girls."

Ethics and International Affairs, "The Ethics of Torture in Counterterrorism."

International Commission of Jurists, "Assessing Damage, Urging Action: Report of the Eminent
Jurists Panel on Terrorism, Counterterrorism and Human Rights."

UN Special Rapporteur on Counterterrorism and Human Rights, "Protection of Human Rights While
Countering Terrorism."

Human Rights First, "Blueprint for the Next Administration: How to End Torture and Cruel
Treatment."

Brookings Institution, "Building Trust: Community Policing and National Security."

Global Counterterrorism Forum, "Good Practices on Community Engagement and Resilience."