Hamilton, Claire
(2018)
Sword or shield? The influence of international
organizations in counterterrorism law and policy making.
Brazilian Journal of Criminal Sciences, 147 (26).
pp. 67-68.
Abstract
The protections afforded citizens in
human rights treaties drafted by international organisations such as the United Nations
may frequently be seen as a way of protecting
unpopular minorities such as offenders from the
“tyranny of the majority”.Yet, criminal justice policies promulgated by these same bodies can often cut, swordlike, deep into citizens’ freedoms.
This tension – between drives towards human
rights, on the one hand, and towards criminalisation and punitive measures on the other –is
particularly acute in the field of counterterrorism, where bodies such as the UN Security Council have been active since the events of 9/11.
Taking the field of counterterrorism as an exemplar, it is the aim of this paper to explore the tension between the “shield” and “sword” functions
of international organisations, drawing on two
case studies. The first concerns the United Nations where the security of the state has secured a major advantage over the ethic of human
rights, within rather than in conflict with the UN
framework of international oversight. The second examines the European Union, where the enactment of a significant body of counterterrorism legislation since 9/11 has driven radical and
permanent change with significant implications
for human rights.
| Item Type: |
Article
|
| Keywords: |
Human rights; Counterterrorism; International organizations; |
| Academic Unit: |
Faculty of Social Sciences > Law |
| Item ID: |
12239 |
| Depositing User: |
Claire Hamilton
|
| Date Deposited: |
23 Jan 2020 16:00 |
| Journal or Publication Title: |
Brazilian Journal of Criminal Sciences |
| Refereed: |
Yes |
| URI: |
|
| Use Licence: |
This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available
here |
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