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Talking About Terrorism Talking about Terrorism Risks and Choices for Human Rights Organisations International Council on Human Rights Policy The International Council on Human Rights Policy was established in Geneva in 1998 to conduct applied research into current human rights issues. Its research is designed to be of practical relevance to policy-makers in international and regional organisations, in governments and inter-governmental agencies, and in voluntary organisations of all kinds. The Council is independent, international in its membership, and participatory in its approach. It is registered as a non- profit foundation under Swiss law. Cover illustration © The Trustees of the British Museum.The Milky Way, 1968, detail. Joichi Hoshi, 1913-1979. Coloured woodblock print. Talking about Terrorism – Risks and Choices for Human Rights Organisations The International Council thanks the British Department for International Development (DFID); CAFOD, United Kingdom; the Dutch Ministry of Foreign Affairs; the Federal Department of Foreign Affairs (DFAE), Switzerland; the Ford Foundation, United States; the Ministry for Foreign Affairs of Finland; the Swedish International Development Cooperation Agency (Sida); the Swiss Agency for Development and Cooperation (SDC); and an anonymous donor, for their contribution to this project. Talking about Terrorism – Risks and Choices for Human Rights Organisations © 2008 International Council on Human Rights Policy © 2008 International Council on Human Rights Policy 48, chemin du Grand-Montfleury, P. O. Box 147, 1290 Versoix, Switzerland. Talking about Terrorism – Risks and Choices for Human Rights Organisations, 2008. International Council on Human Rights Policy. Versoix, Switzerland. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of the publisher. The designation of geographical entities in this report, and the presentation of the material, do not imply the expression of any opinion by the International Council on Human Rights Policy concerning the legal status of any country, territory, or area, or of its authorities, or the delimitation of its frontiers or boundaries. The International Council on Human Rights Policy is a non-profit foundation registered in Switzerland. ISBN 2-940259-79-8 Cover illustration: © The Trustees of The British Museum.The Milky Way, 1968, detail. Joichi Hoshi, 1913-1979. Coloured woodblock print. Design and layout by Fairouz El Tom, Research & Publications Officer at the International Council on Human Rights Policy. Printed by ATAR Roto Press SA, Vernier, Switzerland. This report is available from: ICHRP 48 chemin du Grand-Montfleury P.O. Box 147, CH-1290 Versoix Geneva, Switzerland Phone: +41 (0) 22 775 33 00 Fax: +41 (0) 22 775 33 03 [email protected] www.ichrp.org CONTENTS ACKNOWLEDGEMENTS I FOREWORD III INTRODUCTION AND BACKGROUND 1 International law 2 A new political context? 3 Human rights organisations 4 I. TERRORISM: CONTEXT AND BACKGROUND 9 What is terrorism? 10 The historical response of human rights groups 14 II. THE LEGAL FRAMEWORK: DEFINING TERRORISM 19 What is a terrorist act? 19 Is a global definition necessary or desirable? 21 Elements of a comprehensive definition 24 The “right to resist” 25 State terrorism 26 III. THE RELEVANCE OF DIFFERENT BODIES OF LAW 29 International humanitarian law (IHL) 29 Is the “war on terror” a war? 30 International criminal law 34 International human rights law 36 IV. THE NEED FOR NEW THINKING: LAW AND MORE 39 Balance 39 Risk 41 Relevance of law 42 Victims’ rights 44 Root causes 45 Where do we go from here? 46 V. TALKING TO GOVERNMENT 49 Pointers for engagement 50 Developing a balanced argument 52 The claims of victims 55 Strong anti-discrimination positions 58 Considerations of effectiveness 58 The challenge of derogation 60 Risk 65 Root causes 67 Closing comments 68 VI. TALKING IN PUBLIC 71 What is “the public”? 71 Starting points 73 Public arguments 76 Commenting on government 77 Responses 77 Speaking publicly about terrorist organisations 80 VII. TALKING WITH VIOLENT GROUPS AND THEIR SYMPATHISERS 83 Influencing armed groups 87 CONCLUSION 93 SELECT BIBLIOGRAPHY 95 USEFUL WEB SITES 99 ACKNOWLEDGEMENTS This report is based on an international seminar which the International Council on Human Rights Policy organised in Lahore, Pakistan, in May 2005 on the occasion of its annual assembly. The following background papers were commissioned for the Lahore seminar: ▪ Neil Hicks, Director, International Programs & Human Rights Defenders Program, Human Rights First: Problems Confronting Human Rights Defenders – New Pressure Coming from States. ▪ Sidney Jones, South East Asia Project Director, International Crisis Group: Terrorism, Human Rights and Advocacy Strategies. ▪ Professor Martin Scheinin, Director of the Institute for Human Rights at Åbo Akademi University (and subsequently appointed UN Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism): Politically Motivated Violence and Acts of Terror: Conceptual and Legal Issues. ▪ Wilder Tayler, then Legal and Policy Director of Human Rights Watch: Notes on the Human Rights Movement and the Issue of Terrorism. These papers may be accessed on the International Council’s web site at: www.ichrp.org/en/projects/129. The Lahore meeting also made reference to published papers by: ▪ Jelena Pejic, “Terrorist Acts and Groups: A Role for International Law”, British Year Book of International Law 75 (2005): 71-100. ▪ Alan B. Krueger and Jitka Maleckova, “Education, Poverty, Political Violence and Terrorism: Is There a Causal Connection?”, National Bureau of Economic Research, Working Paper No. 9074, JEL No. J2 (July 2002). Members of the Council’s Executive Board subsequently acted as Advisors to the project. Over the period, the following have been Board Members: Lydia Alpízar Durán, Charlotte Bunch, Stefanie Grant, Asma Jahangir, Imrana Jalal, Hina Jilani, Walter Kälin, Ian Martin, Dimitrina Petrova, Marco Sassoli, Chaiwat Satha-Anand and Wilder Tayler. Patricia Gossman researched and prepared a first draft. Monette Zard developed and extended the draft during 2006, with additional writing by Robert Archer. Richard Carver prepared the final report and held consultations during 2007. In March 2007, the Council organised a meeting in Geneva to discuss the draft with Ghanim Alnajjar, Avi Berg, John Caulker, Aideen Gilmore, Cecilia Jimenez, Tanya Lokshina, Jelena Pejic, Aisling Reidy, Feray Salman, Malcolm Smart, Francisco Soberon and Wilder Tayler. Richard Carver subsequently visited the Talking about Terrorism – Risks and Choices for Human Rights Organisations United States, Kenya and Uganda to talk to organisations at first hand. The draft was also circulated for comment and we would like to thank the following for the advice they provided: Maggie Beirne, Karima Bennoune, Avi Berg, Andrew Clapham, Paul Edwards, David Fernández Dávalos sj, Felice Gaer, Dharam Ghai, Adane Ghebremeskel, Wolfgang Heinz, Harry Hummel, Eric Metcalfe, Devendra Raj Panday, Jelena Pejic, Michael Posner, Soliman Santos and Theo van Boven. Monette Zard designed and managed this project until she left the Council at the end of 2006; it was then managed by Robert Archer in collaboration with Richard Carver. II Talking about Terrorism – Risks and Choices for Human Rights Organisations FOREWORD by Martin Scheinin This report by the International Council on Human Rights Policy responds to a real demand. As explained in the introductory section, human rights NGOs, human rights activists and other actors engaged in the promotion of human rights may suffer today from a certain legitimacy gap. While the role of governments as human rights violators has certainly not faded away, in many parts of the world ordinary people feel even more threatened by acts of terrorism. Hence, they may think that the human rights movement hasn’t got its priorities right if it continues unilaterally to address human rights violations committed by states but is silent in respect of atrocities committed by terrorists. The dilemma is genuine, since human rights actors also need to retain their own identity and integrity. While members of the general public may perceive human rights groups to be the conscience of humankind, committed to a noble cause and therefore always a role model for others, human rights activists for their part continue to have good grounds for choosing human rights work instead of running for political office, making a career in the military or becoming a journalist. There are different ways to “do good” locally, nationally and globally and human rights work is certainly one of the most visible and genuine choices an individual can make. But in a particular situation human rights are not always or necessarily the absolute top priority for members of the general public. Because this legitimacy gap represents a genuine dilemma, there is no easy solution to it. Rather, human rights groups need to accept that, in addition to campaigning for their cause, they should consider the public’s perception of their work and priorities. The current report will be of assistance in that process. It takes a broad approach by putting terrorism in context, inter alia by looking at the defining elements that distinguish it from other forms of protest and violence, and then discusses the legal framework that
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