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Human Rights And Counterterrorism: A Contradiction Or Necessary Bedfellows?, Amos N. Guiora
Human Rights And Counterterrorism: A Contradiction Or Necessary Bedfellows?, Amos N. Guiora
Georgia Law Review
Ten years after the 9/11 terrorist attacks, questions
remain regarding the relationship between human rights
and counterterrorism. The historical track record of the
Executive Branch, Supreme Court, and Congress in this
vein is troubling. While the contradiction suggested in
this Essay's title need not be the case, it is, nevertheless,
the persistent reality in American history.
This Essay assesses the current relationship between
human rights and counterterrorism. In doing so, it
reflects on wartime measures implemented by presidents
throughout U.S. history and recommends a way forward
that facilitates more effective protection of human rights
without impinging on legitimate national security …