Reconciling the duties of states: Combating terrorism and human rights

Abstract

Terrorism is the most harmful phenomenon at the present time through acts of violence resulting from it against lives, bodies, freedoms and property, which undermine or threaten international peace and security. States are obligated to fulfill their duty to maintain security and stability and protect the lives and property of their citizens. In order to fulfill their aforementioned duty, States should have the necessary powers to combat Terrorism, provided that this does not lead to a complete undermining of human rights. Rather, minimum levels must be ensured in a way that does not affect the aforementioned authorities, as these authorities are regulated by internal laws so that their actions are within the principle of legality. In Iraq, for example, there are Anti-Terrorism Law No. (13) ) Of 2005 and the amended Counter-Terrorism Service Law No. (31) of 2016 which were; however, not in the same format as the laws of other countries, especially with regard to the powers of the security services in monitoring the actions of suspects in terrorist acts and imposing restrictions on their movements as is in the laws of the United States, Britain, France and Germany. It is also worth noting that ensuring a fair trial is the most important guarantee for the protection of human rights while government agencies fulfill their duty to combat terrorism. The innocent must be protected and perpetrators of terrorist crimes must be prosecuted without prejudice to the defendant’s rights who should not be subjected to torture and not to delay his trial without unjustified delay stressing on the impartiality of the courts.