“There is no good terror and bad terror. There’s not terror that you can accept and terror that you cannot accept. Terror is terror“. –Ariel Sharon
The response to terrorism ought to be based on a holistic and inter-related understanding of human security, rights, and development. It should always be within the human rights and rule of law framework. The domestic and international legal framework being put in place as a response to terrorism is desirable. Terrorism and the victimization it causes violate human rights and established norms of human dignity and personal security that is mandatory for peaceful existence in any society.
The question of what should be done when the enforcement of human rights appears to clash with the enforcement of national security measures is the key issue in the aftermath of terrorist attacks. It is important to recognise the need for valuing human rights and promoting civil liberties so that democracies can create space for meaningful dialogue and debates while maintaining the notion of dissent within civil and political society.
The human cost of terrorism has been felt in virtually every corner of the globe. The United Nations family has itself suffered tragic human loss as a result of violent terrorist acts. Terrorism clearly has a very real and direct impact on human rights, with devastating consequences for the enjoyment of the right to life, liberty and physical integrity of victims. In addition to these individual costs, terrorism can destabilize Governments, undermine civil society, jeopardize peace and security, and threaten social and economic development. All of these also have a real impact on the enjoyment of human rights.
Security of the individual is a basic inalienable human right and the protection of individuals is a fundamental obligation of Government. States therefore have an obligation to ensure the human rights of their nationals and others by taking positive measures to protect them against the threat of terrorist acts and bringing the perpetrators of such acts to justice.
Terrorism aims at the very destruction of human rights, democracy and the rule of law. It attacks the values that lie at the heart of the Charter of the United Nations and other international instruments: respect for human rights; the rule of law; rules governing armed conflict and the protection of civilians; tolerance among peoples and nations; and the peaceful resolution of conflict.
Terrorism poses serious threats to the democracy, but it is important to recognise that the response ought to be within the rule of law framework for it to be effective and legitimate. Tough on terrorists, tougher on the causes of terrorism, But toughest of all on safeguarding the virtues of tolerance, human rights, civil liberties, and due process. The policy of ‘zero tolerance’ against terrorism must be adhered to as there is ‘no good or bad terrorism; terrorism is only terrorism’.
Seema Agarwal
Research Asst. in Law
Indian Institute of Legal Studies
