Berkeley Journal of International Law Volume 26 | Issue 1 Article 1 2008 Terror/Torture Karima Bennoune Recommended Citation Karima Bennoune, Terror/Torture, 26 Berkeley J. Int'l Law. 1 (2008). Available at: http://scholarship.law.berkeley.edu/bjil/vol26/iss1/1 This Article is brought to you for free and open access by the Law Journals and Related Materials at Berkeley Law Scholarship Repository. It has been accepted for inclusion in Berkeley Journal of International Law by an authorized administrator of Berkeley Law Scholarship Repository. For more information, please contact
[email protected]. Bennoune: Terror/Torture Terror/Torture By Karima Bennoune* ABSTRACT In the face of terrorism, human rights law's requirement that states "respect and ensure" rights necessitates that states take active steps to safeguard their populations from violent attack, but in so doing do not violate rights. Security experts usually emphasize the aspect of ensuring rights while human rights ad- vocates largely focus on respecting rights. The trick, which neither side in the debate has adequately referenced, is that states have to do both at the same time. In contrast to these largely one-sided approaches, adopting a radical universalist stance, this Article argues that both contemporary human rights and security dis- courses on terrorism must be broadened and renewed. This renewal must be in- formed by the understanding that international human rights law protects the in- dividual both from terrorism and the excesses of counter-terrorism, like torture. To develop this thesis, the Article explores the philosophical overlap between both terrorism and torture and their normative prohibitions.