4. Šurková, Eva: Possibilities to limit human rights in fight against international terrorism


There is a close link between international terrorism and human rights. All states have the right to defend themselves and their population against international terrorism and to take the necessary measures to guarantee their security and integrity. However, they must fully respect and conform with the international law, particularly international human rights law and other relevant international norms, principles, and generally recognized standards. International human rights law allows for limitations on certain rights and, in a very limited set of exceptional circumstances, for derogations from certain human rights provisions. These are lawful limitations (treaty “claw back” clauses) and derogation clauses. There are nevertheless certain inalienable non-derogable human rights, derogation from which is prohibited and which must be applicable in all situations e.g. the right to life, freedom from torture or cruel, inhuman or degrading treatment or punishment, freedom from retrospective penalties etc. Practice of states shows that not all of the counterterrorism measures taken by them are in conformity with international law. Finding the balance between effective fight against international terrorism while guaranteeing fundamental human rights is therefore a big challenge for international community.