Introduction
Terrorism is one of the leading global problems that worry the government of every country. Various counterterrorism acts and policies are constantly being developed to combat it. However, it is noted that in creating and applying these policies and practices, there are often unintended consequences in terms of potentially breaching Human Rights laws. Moreover, the measures that were taken also affect other safeguards ordinarily available to a person suspected of carrying out any other type of crime. Therefore, this briefing paper aims to study how anti-terrorism policies and practices can encroach on people’s rights and to what extent. In addition, this work will provide potential improvements that can be taken in relation to existing measures in this context that may reduce such breaches.
The Global Problem of Terrorism
Before proceeding to the consideration of the thesis of this research paper, it is necessary to pay attention to the global problem of terrorism in modern society. Research states that “terrorism has been used as a weapon of the weak against militarily, politically, and economically stronger rulers and governments for a long time and in many parts of the world” (Nacos, 2019, p. 27). Thus, this concern is one of the critical aspects of the United Kingdom’s foreign policy. The main reason for this is the increased negative consequences and, first of all, the threat to the rights, freedoms, and lives of individuals. Terrorist acts claim the lives of many people and can cause a wave of discontent and fear, which can only hinder and complicate the task of the government.
Terrorism, like any issue, has many causes, the knowledge of which is necessary to limit its manifestations. The main ones include the incitement of ethical and interethnic conflicts, the opening of access to weapons or their illegal distribution, intolerable population growth and migration, and international crime. Terrorism has a particularly negative impact on aspects of foreign policy, such as trade, finance, immigration, national and foreign relations, technology, cultural bias, and perceptions (Onwudiwe, 2018). All of them can either become a direct cause of terrorist acts or indirectly affect the formation of illegal groups. In addition, terrorist groups are formed according to a common ideology, religion, or morality (Hahn et al., 2019). The main task and motivator of their formation is dissatisfaction with the State and the desire to make changes in its practices and policies.
Technologies and social networks play a unique role in the development of the phenomenon of terrorism and are an aspect that counterterrorism strategies should pay attention to. First, it becomes an effective driver for recruiting more people to terrorist groups, finding the necessary information, and spreading threats among the population. Moreover, technology helps criminals forge documents and conceal data about their location, which complicates the work of law enforcement agencies (Hoffman, 2017). As for social networks, this source of information plays both a positive and a negative role. Thus, information about terrorist groups or attacks quickly gets into these sources and can both help in spreading awareness about the problem and increase the level of fear and anxiety.
Thus, having gained an understanding of the phenomenon of terrorism and the importance of combating it, as well as its direct and indirect impact, it is possible to determine the importance of developing counterterrorism acts and measures. At the same time, existing practices cannot yet be thoroughly evaluated since this problem takes a long time to resolve and requires an integrated approach. In addition, it requires a significant amount of time, financial resources, human resources, and state resources, which is quite costly for countries and their foreign policy.
The organization that deals closely with the problem of terrorism as a global one is The United Nations (UN). This international organization aims to consider and take decisions and actions to limit possible kinds of problems (Mingst et al., 2018). Moreover, in addition to providing for the welfare of the world, the United Nations also aims to protect the rights of people, regardless of their place of residence.
It is emphasized that to this day, there are many conditions that can directly or indirectly affect the emergence of terrorism, and its global threat is an increasing danger. Therefore, states need to constantly invest in balancing not only the internal social, political, and economic aspects but also pay attention to foreign policy. This is due to the fact that often, especially in developing countries, they cannot independently ensure the well-being of their citizens and need support. Similarly, this applies to legislative and law enforcement strategies and policies that should administer justice without violating fundamental human rights.
Counterterrorism and Human Rights
The next section of this work will pay more profound attention to the study of the issue of human rights and measures to combat the global problem of terrorism. It is worth noting that the primary measures of any state are often aimed at avoiding the violation of freedoms and privileges given to a person from birth. Sources underline that “a government’s first duty is to protect the lives and property of its citizens.
Therefore, political leaders tend to take extraordinary measures during times of crisis in the name of providing security” (Nacos, 2019, p. 293). In particular, this concerns the sphere of legislation and law enforcement, which affect those who supposedly could commit terrorist crimes. There is no doubt that a person who commits illegal actions of this nature that endanger the lives of others should be seriously punished (Abozaid, 2020). However, there are cases when prosecutors may, for example, exceed their authority and carry out actions that violate the rights of individuals. To stop and limit the fact of these actions, it is necessary to develop and improve arrest and punishment policies for potential criminals.
Further, the study of the topic posed in this scientific paper has shown that, in many cases, the actions of States to combat terrorism are accompanied by human rights violations. The particular fear that a terrorist act causes can hush up the fact of disregard for the law to protect individuals, even those who are allegedly guilty (Goold & Lazarus, 2019). Governments understand this and can use it for their own purposes to solve the problem in ways that are not entirely legal or moral.
Thus, it is possible to put forward the opinion that the violation of the human rights of criminals can be considered a measure of defense since it will protect society from dangerous individuals. Nevertheless, until there is proof of guilt in the deed, no one person should experience a violation of their own rights and freedoms. That is why regional legislators and other forces must bear certain obligations to the law and the government, which do not imply a violation of the fundamental privileges of a person. The same applies to the policies and strategies being implemented to combat terrorism.
Many state documents created within the framework of counterterrorism policies violate human rights and freedoms, which should not be acceptable. Thus, many traditional mechanisms of work to reduce the level of terrorist attacks have been eliminated from the list of measures to combat. At the same time, there are still those that, to a certain extent, relate to the identity of criminals and the privileges that each person has. Among the existing violations are harassment, arbitrary detention, torture, incredibly aggressive surveillance of people, and suppression of a different point of view. All these aspects, although they may have some effectiveness, are still violations of the rights and freedoms of alleged terrorists whose guilt has not yet been proven.
At the present stage of society’s development, the protection of people by the state and other bodies is critical for maintaining balance and well-being in the world. At the same time, violation of its postulates can be severely punished, especially by public opinion. There are many cases when, when publishing information about torture or persecution in a terrorist or military context, people created a public outcry that helped spread information. Furthermore, the more people learn about the problem, the more effective and efficient changes in the actions and policies of the State are. The same applies to counterterrorism strategies, which must have a complex and multi-level system that will avoid the negative consequences of its application.
Recommendations for Improvement
As for the United Kingdom itself, several acts have helped fight against the problem of terrorism. Among them are the Anti-Terrorism Crime and Security Act 2001, the Prevention of Terrorism Act 2005, and the Terrorism Act 2006 (Walker, 2019). All these acts form the policy of the country to initiate counterterrorism measures and ensure the safety and well-being of the population.
It is worth emphasizing that the basis of this kind of activity in the country is the Terrorism Act 2000 (Greene, 2017). It describes the conditions for the possible arrest of a suspect and the charges on which a person can be convicted. When implementing this act, it was expected that it would be the only one, but many years of experience and events taking place in the world led to the creation of other acts that support the main one.
Human rights are universal and must be protected and respected by all levels of regulation of the political, economic, and social spheres of people’s lives. The recommendation for the process of creating counterterrorism acts is the drafting of any, even the most insignificant, aspect of the proposed policy. Based on the collection of up-to-date information, the authorities should constantly review the SOI policies for violations or maintenance of human rights.
It is essential to ensure full compliance with them and the precise definition of penalties for neglecting them (Neumann, 2009). Since the process of combating terrorism is quite lengthy and complex, it is crucial to develop the stages of action when detecting potential criminals or members of a terrorist organization. Of particular value is the clear development of processes for holding UK citizens accountable for the persecution, arbitrary detention, or torture of suspected terrorists.
Terrorism is a severe problem, and the creation of policies to combat it is a rather difficult process. This is due to the fact that when implementing counterterrorism initiatives, it is essential to respect human rights and laws related to them. Provided that the policy does not correspond to them and ignores them, it is possible to create a reverse effect and a significant decrease in the expected effectiveness, and the program will become self-defeating and unacceptable in a society that values the law and the government’s freedom of speech.
Another recommendation for improvement may be to focus more on collaborative actions with other countries. Such international cooperation will help to develop a counterterrorism policy faster and more effectively while not affecting or violating the rights and freedoms of individuals. Moreover, it is possible to create an independent body or department that checks compliance and ensures compliance with international law on the rights of individuals. The State should also take measures to monitor the situation with legislation in this area in all cities and regions in order to create a single mutually existing system.
Counterterrorism must necessarily take into account one of the main legislative acts – international human rights law. These postulates and principles should be considered as the basis for conducting foreign policy to prevent the negative impact of the global problem of terrorism. At the same time, more and more studies emphasize that despite the previously mentioned information, there are often cases of neglect of this law and abuse of official duties. In the course of these actions, such actions as unauthorized persecution of people who allegedly participated in a terrorist act or group, as well as torture or general aggressive behavior towards them, occur.
Conclusion
Thus, this briefing paper came to the conclusion that the main recommendation is the restructuring of the process of forming counterterrorism policies. This implies a more detailed study of existing data, continuous improvement of the proposed strategies, and ensuring that the observance of fundamental human rights and freedoms is taken into account.
Reference List
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Greene, A. (2017). Defining terrorism: one size fits all?. International & Comparative Law Quarterly, 66(2), 411-440. Web.
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