Human rights protection in counter terrorism measures in the EU and US : a comparative analysis

Abstract

In a time where terrorism is one of the highest agenda points in the Western world, it is easy for the organs of a State to put the human rights of the subjected individual as a secondary importance. Especially considering the deep sentiments that the crime of terrorism evokes. The thesis commences with a brief study of human rights protection and the rule of law, which is the fulcrum of this thesis. It also gives a historical context of terrorism and notes the international efforts at reducing this phenomenon. In the four chapters to follow, this thesis delves into the European Union’s and the United States’ counter terrorism measures, as two of the most influential Western jurisdictions, and examines the protection of human rights, which are or can be affected. These four chapters will each deal with a targeted field of law, that is: the retention and transmission of flight passenger data; blacklisting and asset freezing; firearms control and extradition cooperation. Each chapter will culminate in a comparison between the human rights protection of these jurisdictions within that field of law. The thesis will conclude with a discussion of these comparisons in order to discern which jurisdiction is appropriately finding the balance between human rights and countering terrorism. The chosen fields are based on the Framework Decision 2002/475/JHA on Combating Terrorism and A Secure Europe in a Better World - European Security Strategy of 12 December 2003, which clarifies the security strategy of the European Union. While the former has been replaced by Directive 2017/541 on Combatting Terrorism, this has not yet been transposed. In any case, the new legislation strengthens and widens the scope of the previous, which aptly embraces the selected fields of focus.