Annual Report - National Human Rights Commission

Civil Liberties
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3.10 In the wake of attacks on the World Trade Centre and the Pentagon on September 11,
2001, the Security Council, on 12 September, adopted Resolution 1368, which stated in the
preamble, in a general way, that terrorist acts cause threats to international peace and security
(by implication, all of them, no longer some of them) and expressed determination to combat
them “by all means”, which implies the use of armed force as well. Secondly, by recognizing
the inherent right of individual or collective self-defense in accordance with the Charter, the
resolution, for the first time, recognized military self-defense as applicable against terrorist
acts perpetrated by non-state actors, again in a general way and not only in respect to 9/11.
This automatically legitimized unilateral military strikes against another country, at least until
the Security Council takes its measures, something that occurred earlier but was never given
the stamp of approval by the United Nations.
3.11 The Security Council Resolution 1373 of 28 September 2001 reaffirmed that 9/11 acts,
“like any act of international terrorism”, constitute a threat to international peace and security.
It also established new international legal obligations on States to take a number of specific
measures, and to cooperate, against terrorism. In far-reaching proceedings dealing with the
implications of this resolution, the Human Rights Committee stressed, inter alia, that legislation
enacted pursuant to Security Council resolution 1373 must be in ‘full conformity’ with the
ICCPR, and that ‘fear of terrorism does not become a source of abuse’ of human rights.
Finally, on 12 November, 2001, the Council adopted Resolution 1377, dealing mainly with
the assistance to States to fulfil the requirements of Resolution 1373. In it, the Council declared
that acts of international terrorism constitute “one of the most serious threats to international
peace and security in the twenty-first century”, as well as “a challenge to all States and to all
of humanity”. Further strengthening of these formulations can only depend on the ingenuity
of the present and future members of the Council. The resolution also affirms a sustained and
comprehensive approach to combat international terrorism.
3.12 The Commission is of the firm view that though nothing justifies terrorism, far too
many people live in conditions where it can breed. It is a common knowledge that systemic
human rights violations for long periods of time are often the root cause of conflicts and
terrorism. It cannot be denied that disillusionment with a society where there is exploitation
and massive inequalities and whose systems fail to provide any hope for justice are fertile
breeding grounds for terrorism, which more often than not thrives in environments where
human rights and more particularly Economic, Social and Cultural rights are denied by the
State and Political rights are violated with impunity both by the State and non-State actors.
Any worthwhile strategy to resolve conflicts and terrorism will have to ensure enjoyment of
the full range of Economic, Social and Cultural rights.
3.13 Terrorism poses a serious challenge for law enforcement authorities as well as the courts.
Many of the terrorists have superior weapons and communication facilities than the security forces.
Some of them are powerful enough to pose physical harm to judicial officers, prosecutors, witnesses
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