This chapter is organised around an analysis of three types of counter-terrorism strategies, and examines the manner in which specific human rights responses to these strategies have been developed at the international level through a combination of institutional, procedural or normative engagement by different international actors. While the three strategies reflect different approaches to the relevance of international law to the counter-terrorism enterprise, they all fall into the category of regulatory measures described earlier. They involve the regulation of terrorism:
through international law — by the development of new international norms and procedures with a specific focus on addressing terrorism issues;
despite international law (distorted legalism) — by engagement with the human rights discourse, seeking to argue that counter-terrorist measures are in conformity with human rights law by invoking extreme or distorted interpretations of the law, or by disregarding authoritative interpretations or rulings on particular issues or in individual cases; or
outside, or in disregard of, international law — by adopting pragmatic measures without regard to, or in flagrant disregard of, their illegality under international (human rights) law.
The human rights responses to these strategies are examined in the light of actions taken by a number of international human rights bodies. These counter-strategies, each roughly corresponding to the strategies set out above, can be characterised as:
mainstreaming of human rights norms and expertise into counter-terrorism mandates and bodies;
critical engagement with states through existing human rights procedures over disputed issues of law; and
fact-finding and exposure of activities outside the law as a form of exacting public accountability.
These types of responses overlap, and the same actors may employ the various strategies at different times and in relation to different bodies. But they provide useful categories for understanding some of the major forms of reaffirmation of human rights values at the international level.