ICJ 705 Human Rights and Counterterrorism

The purpose of this course is to explore the spectrum of state responses to the threat of terrorism and understand the impact of counter-terrorism laws, policies, and practices on human rights. While the course will primarily address the rule of law and human rights implications of counter-terrorism measures, it will also explore issues of efficacy and legitimacy surrounding states’ counterterrorism policies. The course will cover relevant international human rights and international humanitarian law frameworks which already give states flexibility to protect national security, but within strictly defined limits. The course will address the ways in which anti-terrorism policies can threaten specific human rights, including but not limited to: the right to life; freedom from torture and arbitrary detention; the right to a fair trial; freedoms of association and expression; right to privacy, and the right to non-discrimination. At the conclusion of the course, students will have a deeper understanding of international law obligations that States must fully comply with while countering terrorism.