Despite the Universal Declaration of Human Rights (UDHR) exhortation that ‘all human beings are born free and equal in dignity and rights,’ the post-9/11 assault on fundamental human rights has proved that this cosmopolitan ideal is under threat. Of the wide-ranging human rights that have been degraded in the name of protecting civilians in the so-called ‘war on terror’, the right to a fair trial is among the most crucial. However, the precursor to its demise was the ejection of the absolute prohibition against torture in the name of protecting the human rights to liberty and freedom, often described as the right to national security. This chapter explores how the US’s co-option of human rights language as a rhetorical tool to eject certain human rights in relation to specific individuals or groups of individuals underpins the growing challenges presented by national security discourse in liberal democracies. In particular it examines the way in which the US response to 9/11, both in the immediate aftermath and almost two decades on, must be addressed and the relationship between individual liberty and national security reconciled if we are to progress toward a more equal, rather than divided, world. The analysis focuses on the current military commissions taking place in Guantanamo where five men are on trial for terrorism and war crimes in relation to the planning and execution of the 9/11 attacks on the US in US v Khaled Sheikh Mohammad et al. The chapter specifically considers the right to trial without undue delay, the right to a public trial and the right to effective remedy for human rights breaches. Finally, the chapter concludes with some observations about how to address the ejection and co-option of human rights in counter-terrorism efforts.
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Pub Date : 1900-01-01DOI: 10.4337/9781789909890.00015
{"title":"Human rights and national security challenges beyond the state","authors":"","doi":"10.4337/9781789909890.00015","DOIUrl":"https://doi.org/10.4337/9781789909890.00015","url":null,"abstract":"","PeriodicalId":180295,"journal":{"name":"Human Rights in Times of Transition","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122934821","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781789909890.00011
{"title":"Co-option and ejection of human rights in liberal democracies","authors":"","doi":"10.4337/9781789909890.00011","DOIUrl":"https://doi.org/10.4337/9781789909890.00011","url":null,"abstract":"","PeriodicalId":180295,"journal":{"name":"Human Rights in Times of Transition","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121636692","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781789909890.00007
{"title":"Human rights transitions - Theoretical debates and doctrinal challenges","authors":"","doi":"10.4337/9781789909890.00007","DOIUrl":"https://doi.org/10.4337/9781789909890.00007","url":null,"abstract":"","PeriodicalId":180295,"journal":{"name":"Human Rights in Times of Transition","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128968281","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781789909890.00006
Kasey McCall-Smith, Andrea Birdsall, Elisenda Casanas Adam
Since the Universal Declaration of Human Rights (UDHR)1 was adopted in 1948, people have increasingly defined their relationships with the state in the language of human rights. It is through the UDHR and the range of treaties adopted in its shadow, for example the 1966 International Covenant on Civil and Political Rights,2 that people have navigated injustice on both large and small scales. These rights have subsequently been further specified and developed in regional human rights documents, such as the European Convention on Human Rights,3 and serve as the basis for the drafting and interpretation of constitutional rights provisions or bills of rights across a diverse variety of states. It is therefore accurate to understand human rights as a highly legalized field with no shortage of hard law to which people across the world can point to as a source for articulating how a state is interacting with its people, for better or worse. Yet human rights practice and discourse is not the sole realm of lawyers; it is a field to which politicians, academics, activists and the public also contribute in a myriad of ways.4 In fact, since the idea for the UDHR was
自从1948年《世界人权宣言》通过以来，人们越来越多地用人权的语言来定义他们与国家的关系。正是通过《世界人权宣言》以及在其阴影下通过的一系列条约，例如1966年的《公民权利和政治权利国际公约》2，人们才得以应对大大小小的不公正现象。这些权利随后在《欧洲人权公约》(European Convention on human rights)等区域性人权文件中得到进一步规定和发展，并成为各国起草和解释宪法权利条款或权利法案的基础。因此，将人权理解为一个高度合法化的领域是准确的，它不缺乏硬性法律，世界各地的人都可以指出，作为阐明一个国家如何与人民互动的来源，无论好坏。然而，人权实践和言论并非律师的专属领域;这是一个政治家、学者、活动家和公众都以各种方式做出贡献的领域事实上，因为《世界人权宣言》的想法是
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