The document outlines 11 principles from the ICJ Berlin Declaration regarding upholding human rights and the rule of law in combating terrorism. The principles address: 1) the duty of states to protect fundamental rights while countering terrorism; 2) guaranteeing an independent judiciary; and 3) ensuring fair criminal justice processes, including prohibiting torture and secret detentions. The principles aim to balance security measures with protecting civil liberties and human rights.
INTRODUCTION
In the absence of an elected parliament that expresses the people and their concerns. In light of the growing awesome network of exceptional laws, which violating the Egyptian constitution of 2014 and the Egyptian successive Constitutions and violating of all international conventions signed by the Egyptian government, is getting the brunt of these laws that the Egyptian citizen burned.
In the light of this legislative vacuum there are many laws that restricted of the rights and freedoms of citizens, until it be more than 800 law and decision issued by individual decision from the president.
The important question is whether the country and its citizens really need this vast amounting of restricted law for freedom of its people and shackled the progress of society.
Does the law on terrorism and the law terrorist entities are able to stop this intellectual extremism creeping armed US?
Does Egypt need to have issue laws or it need to coherence of the Community intellectually and politically to stand in front of this wave of abnormal thought?
Can the Egypt deter a criminal by the laws or the government creates more extremists who find in violating of their rights field to force this country and continue to face?
Egypt is in dire need of wise now to take it towards the right path away from the fossilized minds or extremist ideas.
Therefore, we need to stop in front of these violations that Egypt was suffering in the human right's file in an unprecedented way in all the previous eras. The current power desires liquidation of all its opponents inside and outside prisons in the light of continued killings and torture.
We need to stop for a cessation of all manifestations of Industry extremism. We seek to build a nation afford all his sons. Egypt will not progressing by the cuffed law that was fallen what is remain of Egypt institutions which created a new tyrants by the law!
METHODOLOGY OF THE REPORT
These reports methodology has adopted to collect information, through direct monitoring to researchers of ECRF for the cases and asked all the associated of the incident under discussion. In this report we have adopted on all investigations and press releases that have been issued over the past months, as well as asked lawyers, experts and jurists.
INTRODUCTION
In the absence of an elected parliament that expresses the people and their concerns. In light of the growing awesome network of exceptional laws, which violating the Egyptian constitution of 2014 and the Egyptian successive Constitutions and violating of all international conventions signed by the Egyptian government, is getting the brunt of these laws that the Egyptian citizen burned.
In the light of this legislative vacuum there are many laws that restricted of the rights and freedoms of citizens, until it be more than 800 law and decision issued by individual decision from the president.
The important question is whether the country and its citizens really need this vast amounting of restricted law for freedom of its people and shackled the progress of society.
Does the law on terrorism and the law terrorist entities are able to stop this intellectual extremism creeping armed US?
Does Egypt need to have issue laws or it need to coherence of the Community intellectually and politically to stand in front of this wave of abnormal thought?
Can the Egypt deter a criminal by the laws or the government creates more extremists who find in violating of their rights field to force this country and continue to face?
Egypt is in dire need of wise now to take it towards the right path away from the fossilized minds or extremist ideas.
Therefore, we need to stop in front of these violations that Egypt was suffering in the human right's file in an unprecedented way in all the previous eras. The current power desires liquidation of all its opponents inside and outside prisons in the light of continued killings and torture.
We need to stop for a cessation of all manifestations of Industry extremism. We seek to build a nation afford all his sons. Egypt will not progressing by the cuffed law that was fallen what is remain of Egypt institutions which created a new tyrants by the law!
METHODOLOGY OF THE REPORT
These reports methodology has adopted to collect information, through direct monitoring to researchers of ECRF for the cases and asked all the associated of the incident under discussion. In this report we have adopted on all investigations and press releases that have been issued over the past months, as well as asked lawyers, experts and jurists.
Overview of our GNI report, downloadable from http://globalnetworkinitiative.org/news/new-report-outlines-recommendations-governments-companies-and-others-how-protect-free
Study guide legal committee-topic-area-a rotaract global mun 2015Adrian Dan Pop
Terrorism overall, as well as the issue of measures for combating terrorism in particular,
can be seen from a lot of perspectives, i.e. social, political, economic etc.
Among those perspectives is the legal one. Within the context of the legal committee,
the notion of combating terrorism should be seen from its purely legal perspective, so
as the debate to be efficient and to the point under examination. One of the mandates
of the UNGA is the promotion of the international public law, under Article 13 UN
Charter, which writes that “The General Assembly shall initiate studies and make
recommendations for the purpose of: a. promoting international cooperation in the
political field and encouraging the progressive development of international law and
its codification; […]”. That being said, it is of crucial importance that this committee
addresses the notion of combating terrorism by references to the international humanitarian
law as now lies and the international law of human rights, formed by the existing
conventions specialised or not on terrorism and by customary international law
and any other international law sectors involved with this notion. Additionally, proposals
for codifications or concerted practices that could be considered as able to lead
to custom may be discussed. Purely social, political or other but legal observations do
not concern the Legal Committee and will not be accepted.
General Overview of the Violence Against Persons (Prohibition) Act 2015Vincent Dania
General Overview of the VAPP ACT 2015, focusing on:
Development, adoption and implementation of the law.
Roles and responsibilities of prosecutors.
Highlights of offences created by the Act
THE INTERNATIONAL CRIMINAL COURT (ICC) AND MYANMAR-BANGLADESHMYO AUNG Myanmar
The International Criminal Court (ICC) investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.
The Court is participating in a global fight to end impunity, and through international criminal justice, the Court aims to hold those responsible accountable for their crimes and to help prevent these crimes from happening again.
The Court cannot reach these goals alone. As a court of last resort, it seeks to complement, not replace, national Courts. Governed by an international treaty called the Rome Statute, the ICC is the world’s first permanent international criminal court.
https://www.icc-cpi.int/rohingya-myanmar
Preliminary examination Bangladesh/Myanmar(ONGOING)
https://www.icc-cpi.int/Pages/item.aspx?name=180918-otp-stat-Rohingya
Related Documents
18 September 2018
Statement of ICC Prosecutor, Mrs Fatou Bensouda, on opening a Preliminary Examination concerning the alleged deportation of the Rohingya people from Myanmar to Bangladesh
https://www.youtube.com/watch?v=DBDakDv9s2o&feature=youtu.be
https://www.dropbox.com/s/mszr5ktqh7a8ta0/Statement_of_ICC_Prosecutor_on_opening_a_Preliminary_Examination_concerning_the_Rohingya.mp4?dl=0
https://www.dropbox.com/s/xjfulzz77bl3nf5/Statement_of_ICC_Prosecutor_on_opening_a_Preliminary_Examination_concerning_the_Rohingya.mp3?dl=0
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-1
https://www.icc-cpi.int/CourtRecords/CR2018_02057.PDF
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-36
Notice of the Public Statement Issued by the Government of Myanmar
ICC-RoC46(3)-01/18-36
17 August 2018 | Office of the Prosecutor | Notice
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-28
Decision Inviting the Competent Authorities of the Republic of the Union of Myanmar to Submit Observations pursuant to Rule 103(1) of the Rules of Procedure and Evidence on the “Prosecution’s Request for a Ruling on Jurisdiction under Article 19(3) o
ICC-RoC46(3)-01/18-28
21 June 2018 | Pre-Trial Chamber I | Decision
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-31
Overview of our GNI report, downloadable from http://globalnetworkinitiative.org/news/new-report-outlines-recommendations-governments-companies-and-others-how-protect-free
Study guide legal committee-topic-area-a rotaract global mun 2015Adrian Dan Pop
Terrorism overall, as well as the issue of measures for combating terrorism in particular,
can be seen from a lot of perspectives, i.e. social, political, economic etc.
Among those perspectives is the legal one. Within the context of the legal committee,
the notion of combating terrorism should be seen from its purely legal perspective, so
as the debate to be efficient and to the point under examination. One of the mandates
of the UNGA is the promotion of the international public law, under Article 13 UN
Charter, which writes that “The General Assembly shall initiate studies and make
recommendations for the purpose of: a. promoting international cooperation in the
political field and encouraging the progressive development of international law and
its codification; […]”. That being said, it is of crucial importance that this committee
addresses the notion of combating terrorism by references to the international humanitarian
law as now lies and the international law of human rights, formed by the existing
conventions specialised or not on terrorism and by customary international law
and any other international law sectors involved with this notion. Additionally, proposals
for codifications or concerted practices that could be considered as able to lead
to custom may be discussed. Purely social, political or other but legal observations do
not concern the Legal Committee and will not be accepted.
General Overview of the Violence Against Persons (Prohibition) Act 2015Vincent Dania
General Overview of the VAPP ACT 2015, focusing on:
Development, adoption and implementation of the law.
Roles and responsibilities of prosecutors.
Highlights of offences created by the Act
THE INTERNATIONAL CRIMINAL COURT (ICC) AND MYANMAR-BANGLADESHMYO AUNG Myanmar
The International Criminal Court (ICC) investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.
The Court is participating in a global fight to end impunity, and through international criminal justice, the Court aims to hold those responsible accountable for their crimes and to help prevent these crimes from happening again.
The Court cannot reach these goals alone. As a court of last resort, it seeks to complement, not replace, national Courts. Governed by an international treaty called the Rome Statute, the ICC is the world’s first permanent international criminal court.
https://www.icc-cpi.int/rohingya-myanmar
Preliminary examination Bangladesh/Myanmar(ONGOING)
https://www.icc-cpi.int/Pages/item.aspx?name=180918-otp-stat-Rohingya
Related Documents
18 September 2018
Statement of ICC Prosecutor, Mrs Fatou Bensouda, on opening a Preliminary Examination concerning the alleged deportation of the Rohingya people from Myanmar to Bangladesh
https://www.youtube.com/watch?v=DBDakDv9s2o&feature=youtu.be
https://www.dropbox.com/s/mszr5ktqh7a8ta0/Statement_of_ICC_Prosecutor_on_opening_a_Preliminary_Examination_concerning_the_Rohingya.mp4?dl=0
https://www.dropbox.com/s/xjfulzz77bl3nf5/Statement_of_ICC_Prosecutor_on_opening_a_Preliminary_Examination_concerning_the_Rohingya.mp3?dl=0
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-1
https://www.icc-cpi.int/CourtRecords/CR2018_02057.PDF
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-36
Notice of the Public Statement Issued by the Government of Myanmar
ICC-RoC46(3)-01/18-36
17 August 2018 | Office of the Prosecutor | Notice
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-28
Decision Inviting the Competent Authorities of the Republic of the Union of Myanmar to Submit Observations pursuant to Rule 103(1) of the Rules of Procedure and Evidence on the “Prosecution’s Request for a Ruling on Jurisdiction under Article 19(3) o
ICC-RoC46(3)-01/18-28
21 June 2018 | Pre-Trial Chamber I | Decision
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-31
UNITED NATIONS CONVENTION AGAINST TORTURE.pptxAnjana S Kumar
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment / Torture Convention / UNCAT
It is an international human rights treaty, under the review of the United Nations. Adopted on 10 Dec 1984
PURPOSE OF THE CONVENTION
To prevent and eradicate the use of torture and other cruel, inhuman or degrading treatment or punishment and to ensure accountability for acts of torture.
It has same structure as UDHR, ICCPR and ICESCR with a preamble and 33 articles divided into 3 parts
THE COMMITTEE AGAINST TORTURE
It is the treaty body created to monitor and encourage States to uphold and implement their international obligations under the Convention against Torture.
CONVENTION AGAINST TORTURE INITIATIVE
An inter-governmental initiative to strengthen institutions, policies and practices and reduce the risks of torture and ill-treatment by applying the UN Convention against Torture.
State bar jasmine mines basic principles on the role of lawyersStatebarJasmineMines
Whereas the Universal Declaration of Human Rights enshrines the principles of equality before the law, the presumption of innocence, the right to a fair and public hearing by an independent and impartial tribunal, and all the guarantees necessary for the defence of everyone charged with a penal offence.
Arguably one of the most concise books written on negotiation is “Getting to Yes” by Roger Fisher and William Ury. Some years ago I had the privilege to participate in a Harvard Negotiation Project led by Roger Fisher. Amazon describes this book as “One of the primary business texts of the modern era”. John Kenneth Galbraith said: "This is by far the best thing I've ever read about negotiation. It is equally relevant for the individual who would like to keep his friends, property, and income and the statesman who would like to keep the peace." Inspired by this course and for personal use I created a whimsical illustration using cartoon icons of the seven core principles: Interests, Options, Alternatives, Standards, Dialogue, Relationships and Commitment.
The Diplomatic Moment is described by the DiploFoundation as consisting of four converging events:
1. There is a rough 'balance of power' between states.
2. States acknowledge that they share important interests.
3. When states enjoy some degree of cultural uniformity.
4. When international communications between states are efficient and secure.
According to SlideShare which provides the template for this model: This is an inverse model of process representing a funnel analysis. It shows multiple arrows converting factors into a single entity.” This diplomatic model represents the convergence of four conditions that encourage diplomacy.
Brief biographies of the eleven European Mystics presented by Rudolf Steiner.
The mystics include:
Meister Eckhart
Johannes Tauler
Heinrich Suso
Jan van Ruysbroeck
Cardinal Nicolas of Cusa
Agrippa of Nettesheim
Theophrastus Paracelsus
Valentin Weigel
Jacob Boehme
Giordano Bruno and
Angelus Silesius
Understanding the nature of human communication and its intersection with visual thinking. This includes examples from archeology to explain the transmission of culture.
The 3 components of Information Mapping: (1) Analysis, (2) Organization, (3) Presentation
Based on the research of Robert Horn andthe presentation by Information Mapping
“The squaring of the circle is a stage on the way to the unconscious, a point of transition leading to a goal lying as yet unformulated beyond it. It is one of those paths to the centre.”
C.G. Jung
Video Thrive Society
Module 6
Lessons 1 to 5
1. Traffic Generation Machine
2. How I Ran Facebook Ad campaigns for Vidtasia
3. Facebook ads from scratch
4. Facebook Ad Retargeting
5. Instagram Ad
This presentation considers the 6 questions which thoughtful people have asked themselves in every age.
In the Napkin Academy these questions are referred to as the 6 by 6 Rule.
Here it is called the Pyramid Pie. .
Video Thrive Society
Next Level Video Marketing
Module 6 Lesson 1
Online Traffic Generation
This is the first of several lessons that will be added to this sixth module.
First in a series of presentations for the Thrive Video Society marketing group.VIDEO THRIVE SOCIETY
Your Business and Your Goal
Session 1 Lessons 1 to 4
The General Principles and Assignments
An exploration of the little-known geometric images that accompany most cave art around the world—the first indications of symbolic meaning, intelligence, and language. Based in large part on the research of Genevieve von Petzinger..
Tai Chi Chuan is a martial discipline whose expression may be interpreted through the 6 X 6 rule.
1) Connection: Who & What
2) Confidence: How much/
3) Movement: Where?
4) Rhythm: When?
5) Technique /Style: How?
6) Purpose: Why?
Among experts there may be considerable disagreement on the precise meaning and correct translation of Tai Chi Chuan. Here I suggest a personal rather than linguistic interpretation of this ancient Chinese art which has both a healing and a martial dimension. It may be conceived as a cosmic tree cultivated in the garden of human consciousness the fruit of which is best appreciated through practice rather than discourse.
2. A document upholding Human Rights
& Rule of Law in combatting Terrorism
• In August 2004 the ICJ (International Commission of Jurists) brought its a network
of jurists from around the world to Berlin, for the 2004 Biennial Conference.
• The meeting concluded with the 160 jurists adopting the ICJ Declaration
on Upholding Human Rights and the Rule of Law in Combating Terrorism
• The eleven succinct principles of the Berlin Declaration set out the legal norms that
should guide the counter-terrorism measures of every State.
• This Legal Commentary to the Berlin Declaration, explains the underlying thought:
the international law,
jurisprudence and
expert interpretations
• It describes the law as regarding:
what the principles mean in practice and
what international legal standards apply.
2
3. The ICJ Berlin Declaration
The Berlin Declaration consists of the following eleven principles:
In view of recent grave developments, the ICJ affirms that in the suppression of terrorism, states must give full effect to the following principles:
1) Duty to Protect: All states have an obligation to respect and to ensure the fundamental rights and freedoms of persons within their jurisdiction, which includes any
territory under their occupation or control. States must take measures to protect such persons, from acts of terrorism. To that end, counter-terrorism measures
themselves must always be taken with strict regard to the principles of legality, necessity, proportionality and non-discrimination.
2) Independent Judiciary: in the development and implementation of counter-terrorism measures, states have an obligation to guarantee the independence of the
judiciary and its role in reviewing state conduct. Governments may not interfere with the judicial process or undermine the integrity of judicial decisions, with which they
must comply.
3) Principles of Criminal Law: States should avoid the abuse of counter-terrorism measures by ensuring that persons suspected of involvement in terrorist acts are only
charged with crimes that are strictly defined by law, in conformity with the principle of legality (nullum crimen sine lege). States may not apply criminal law retroactively.
They may not criminalize the lawful exercise of fundamental rights and freedoms. Criminal responsibility for acts of terrorism must be individual, not collective. In
combating terrorism, states should apply and where necessary adapt existing criminal laws rather than create new, broadly defined offences or resort to extreme
administrative measures, especially those involving deprivation of liberty.
4) Derogations: States must not suspend rights which are non-derogable under treaty or customary law. States must ensure that any derogation from a right subject to
derogation during an emergency is temporary, strictly necessary and proportionate to meet a specific threat and does not discriminate on the grounds of race, color,
gender, sexual orientation, religion, language, political or other opinion, national, social or ethnic origin, property, birth or other status.
5) Peremptory norms: States must observe at all times and in all circumstances the prohibition against torture and cruel, inhuman or degrading treatment or
punishment. Acts in contravention of this and other peremptory norms of international human rights law, including extrajudicial execution and enforced disappearance,
can never be justified. Whenever such acts occur, they must be effectively investigated without delay, and those responsible for their commission must be brought
promptly to justice.
6) Deprivation of liberty: States may never detain any person secretly or incommunicado and must maintain a register of all detainees. They must provide all persons
deprived of their liberty, wherever they are detained, prompt access to lawyers, family members and medical personnel. States have the duty to ensure that all
detainees are informed of the reasons for arrest and any charges and evidence against them and are brought promptly before a court. All detainees have a right to
habeas corpus or equivalent judicial procedures at all times and in all circumstances, to challenge the lawfulness of their detention. Administrative detention must
remain an exceptional measure, be strictly time-limited and be subject to frequent and regular judicial supervision.
7) Fair Trial: States must ensure, at all times and in all circumstances, that alleged offenders are tried only by an independent and impartial tribunal established by law
and that they are accorded full fair trial guarantees, including the presumption of innocence, the right to test evidence, rights of defence, especially the right to effective
legal counsel, and the right of judicial appeal. States must ensure that accused civilians are investigated by civilian authorities and tried by civilian courts and not by
military tribunals. Evidence obtained by torture or other means which constitute a serious violation of human rights against a defendant or third party, is never
admissible and cannot be relied on in any proceedings. Judges trying and lawyers defending those accused of terrorist offences must be able to perform their
professional functions without intimidation, hindrance, harassment or improper interference.
8) Fundamental Rights and Freedoms: In the implementation of counter-terrorism measures, states must respect and safeguard fundamental rights and freedoms,
including freedom of expression, religion, conscience or belief, association, and assembly, and the peaceful pursuit of the right to self-determination; as well as the
right to privacy, which is of particular concern in the sphere of intelligence gathering and dissemination. All restrictions on fundamental rights and freedoms must be
necessary and proportionate.
9) Remedy and reparation: States must ensure that any person adversely affected by counter-terrorism measures of a state, or of a non-state actor whose conduct is
supported or condoned by the state, has an effective remedy and reparation and that those responsible for serious human rights violations are held accountable before
a court of law. An independent authority should be empowered to monitor counter-terrorism measures.
10) Non-refoulement: States may not expel, return, transferor extradite, a person suspected or convicted of acts of terrorism to a state where there is a real risk that the
person would be subjected to a serious violation of human rights, including torture or cruel, inhuman or degrading treatment or punishment, enforced disappearance,
extrajudicial execution, or a manifestly unfair trial; or be subject to the death penalty.
11) Complementarity of humanitarian law: During times of armed conflict and situations of occupation states must apply and respect the rules and principles of both
international humanitarian law and human rights law. These legal regimes are complementary and mutually reinforcing. 3
4. The ICJ Berlin Declaration
The Berlin Declaration consists of the following eleven principles:
In view of recent grave developments, the ICJ affirms that in the suppression of terrorism, states must give full effect to the following principles:
1) Duty to Protect: All states have an obligation to respect and to ensure the fundamental rights and freedoms of persons within their jurisdiction, which includes any
territory under their occupation or control. States must take measures to protect such persons, from acts of terrorism. To that end, counter-terrorism measures
themselves must always be taken with strict regard to the principles of legality, necessity, proportionality and non-discrimination.
2) Independent Judiciary: in the development and implementation of counter-terrorism measures, states have an obligation to guarantee the independence of the
judiciary and its role in reviewing state conduct. Governments may not interfere with the judicial process or undermine the integrity of judicial decisions, with which they
must comply.
3) Principles of Criminal Law: States should avoid the abuse of counter-terrorism measures by ensuring that persons suspected of involvement in terrorist acts are only
charged with crimes that are strictly defined by law, in conformity with the principle of legality (nullum crimen sine lege). States may not apply criminal law retroactively.
They may not criminalize the lawful exercise of fundamental rights and freedoms. Criminal responsibility for acts of terrorism must be individual, not collective. In
combating terrorism, states should apply and where necessary adapt existing criminal laws rather than create new, broadly defined offences or resort to extreme
administrative measures, especially those involving deprivation of liberty.
4) Derogations: States must not suspend rights which are non-derogable under treaty or customary law. States must ensure that any derogation from a right subject to
derogation during an emergency is temporary, strictly necessary and proportionate to meet a specific threat and does not discriminate on the grounds of race, color,
gender, sexual orientation, religion, language, political or other opinion, national, social or ethnic origin, property, birth or other status.
5) Peremptory norms: States must observe at all times and in all circumstances the prohibition against torture and cruel, inhuman or degrading treatment or
punishment. Acts in contravention of this and other peremptory norms of international human rights law, including extrajudicial execution and enforced disappearance,
can never be justified. Whenever such acts occur, they must be effectively investigated without delay, and those responsible for their commission must be brought
promptly to justice.
6) Deprivation of liberty: States may never detain any person secretly or incommunicado and must maintain a register of all detainees. They must provide all persons
deprived of their liberty, wherever they are detained, prompt access to lawyers, family members and medical personnel. States have the duty to ensure that all
detainees are informed of the reasons for arrest and any charges and evidence against them and are brought promptly before a court. All detainees have a right to
habeas corpus or equivalent judicial procedures at all times and in all circumstances, to challenge the lawfulness of their detention. Administrative detention must
remain an exceptional measure, be strictly time-limited and be subject to frequent and regular judicial supervision.
7) Fair Trial: States must ensure, at all times and in all circumstances, that alleged offenders are tried only by an independent and impartial tribunal established by law
and that they are accorded full fair trial guarantees, including the presumption of innocence, the right to test evidence, rights of defence, especially the right to effective
legal counsel, and the right of judicial appeal. States must ensure that accused civilians are investigated by civilian authorities and tried by civilian courts and not by
military tribunals. Evidence obtained by torture or other means which constitute a serious violation of human rights against a defendant or third party, is never
admissible and cannot be relied on in any proceedings. Judges trying and lawyers defending those accused of terrorist offences must be able to perform their
professional functions without intimidation, hindrance, harassment or improper interference.
8) Fundamental Rights and Freedoms: In the implementation of counter-terrorism measures, states must respect and safeguard fundamental rights and freedoms,
including freedom of expression, religion, conscience or belief, association, and assembly, and the peaceful pursuit of the right to self-determination; as well as the
right to privacy, which is of particular concern in the sphere of intelligence gathering and dissemination. All restrictions on fundamental rights and freedoms must be
necessary and proportionate.
9) Remedy and reparation: States must ensure that any person adversely affected by counter-terrorism measures of a state, or of a non-state actor whose conduct is
supported or condoned by the state, has an effective remedy and reparation and that those responsible for serious human rights violations are held accountable before
a court of law. An independent authority should be empowered to monitor counter-terrorism measures.
10) Non-refoulement: States may not expel, return, transferor extradite, a person suspected or convicted of acts of terrorism to a state where there is a real risk that the
person would be subjected to a serious violation of human rights, including torture or cruel, inhuman or degrading treatment or punishment, enforced disappearance,
extrajudicial execution, or a manifestly unfair trial; or be subject to the death penalty.
11) Complementarity of humanitarian law: During times of armed conflict and situations of occupation states must apply and respect the rules and principles of both
international humanitarian law and human rights law. These legal regimes are complementary and mutually reinforcing. 4
1) Duty to Protect:
• All states have an obligation to respect and to
ensure the fundamental rights and freedoms of
persons within their jurisdiction, which includes any
territory under their occupation or control.
• States must take measures to protect such persons,
from acts of terrorism.
• To that end, counter-terrorism measures
themselves must always be taken with strict regard
to the principles of legality, necessity,
proportionality and non-discrimination.
5. Within the Legal declaration of principles are
terms requiring some further definition:
1) Duty to Protect
2) Independent Judiciary
3) Principles of Criminal Law
4) Derogations (partial repeal of a law, usually by a subsequent act that in some way diminishes its original Intent
or scope)
5) Peremptory norms (That body of legal principles from which no derogation is permitted; recognized by
international community)
6) Deprivation of liberty
7) Fair Trial
8) Fundamental Rights and Freedoms
9) Remedy and reparation (A replenishment of a previously inflicted loss by the criminal to the victim.)
10) Non-refoulement (prohibition of repatriation or expulsion, generally refugees, into war zones and other
disaster areas)
11) Complementarity of humanitarian law (convergence between international humanitarian law and
international criminal law as regards the definition of “armed conflict) 5
6. 1) Duty to Protect
2) Independent Judiciary
3) Principles of Criminal Law
4) Derogations (repeal)
5) Peremptory norms (not repealable)
6) Deprivation of liberty
7) Fair Trial
8) Fundamental Rights and Freedoms
9) Remedy and reparation
(replenishment.)
10) Non-refoulement (expulsion)
11) Complementarity of humanitarian
law (convergence as regards “armed
conflict”)
Only the Essential
6
7. 5. Peremptory
Norms
3. Principles of
Criminal Law
4. Non
Derogation
6. Deprive of
Liberty
7. Fair
Trial
1. Duty to
Protect
8, Fundamental Rights
& Freedoms
11 Complementarity of
Humanitarian Law
2. Independent Judiciary
Rights of the Accused Presumption of Innocence
V.
Philosophy (Jurisprudence) of Law
IV.
Principles
III.
Processes
II.
Praxis (Practice)
I.
Person
Balancing Security & Liberty
7
9. Remedies &
Reparations
10. Non-
Refoulement
8. 8
The Berlin Declaration should be
displayed in every judges' chambers
and law office worldwide”.
• Mary Robinson,
Former President of Ireland
BALANCING SECURITY LIBERTY