NCJ Number
203066
Journal
Journal of the Institute of Justice and International Studies Issue: 3 Dated: 2003 Pages: 172-193
Date Published
2003
Length
22 pages
Annotation
This article examines international laws concerning the right to life and the prohibition against torture and analyzes the legality of certain counter-terrorism measures since the September 11th attacks.
Abstract
In its counter-terrorism efforts, the United States has the responsibility to abide by both national and international laws concerning human rights and civil liberties. The article focuses specifically on the non-derogable right to life and the prohibition against torture in the International Covenant on Civil and Political Rights (ICCPR), the European Convention on Human Rights (ECHR), and the American Convention of Human Rights (ACHR). The article examines how these international laws apply to the United States and then explores whether the United States is in violation of these laws in its efforts to squelch terrorism. An overview of the ICCPR, the ECHR, and the ACHR is provided, as is a discussion of customary international law. Analysts have described the four common non-derogable rights as examples of jus cogens, which means that they are norms accepted by the majority of the international community. The article analyzes whether the right to life and the prohibition against torture are jus cogens and then provides to an analysis of rules that apply to the United States in its counter-terrorism efforts. Finally, the legality of United States’ counter-terrorism measures is explored, with particular emphasis placed on military order and Guantanamo Bay prisoners. The author asserts that the right to life and prohibition against torture are indeed jus cogens, which binds the United States by the rule of customary law. As such, the United States risks losing face with the international community in terms of human rights for its treatment of prisoners at Guantanamo Bay. Footnotes