Articles

• von Schorlemer, Sabine

Abstract

The September 11 attacks ‘changed the world’, but did they also change the human rights agenda? What role do human rights play in the context of terrorism? This article argues that violations of human rights are a major causal factor of terrorism. Consequently, the fight against terrorism should not only focus on military means, but should also address the worldwide lack of respect for human rights. A clear civil reaction (i.e. a prevention strategy) is needed. The article argues further that there is a direct link between terrorist attacks and human rights. Acts of terrorism aim at violating human rights. However, it is debatable whether human rights law could and should apply to acts of terrorists, as such acts are perpetrated mostly by non‐state actors. It is therefore argued that one way to hold terrorists responsible is to qualify their acts as ‘crimes against humanity’. Furthermore, the article shows that there is a dangerous tendency to legitimize human rights violations under the pretext of combating terrorism. Effective action against terrorism, it is said, must respect international human rights standards and make use of existing legal mechanisms if derogations are seen as indispensable. The existing body of international human rights law and the system of the United Nations establish clear boundaries for any legal action against terrorism.