Introduction

The tragic and previously unimaginable events of 9/11 have changed the United States and indeed the world in ways that are still emerging and difficult to comprehend. Leaders in many countries are struggling to find appropriate policies to deal with the new reality that this level of terrorism presents.

This is not a new problem and has been a challenge in many countries for many years. Governments combating terrorism in democracies have an additional burden. They are required to balance efficient law enforcement with respect for the civil liberties of their citizens. There is a consensus that all lawful means must be used to prevent such terrible crimes. The problem relates to the legitimacy, and sometimes the lawfulness, of those means. In particular, to what extent can civil liberties be curtailed and normal legal processes circumvented?

I do not share the pessimism of some human rights activists who suggest that the age of human rights has come and gone. Too much momentum has been gathered during the past sixty years to allow the recognition and implementation of human rights to be derailed. At the same time there is danger in complacency, and the setbacks to the human rights movement since 9/11 must be acknowledged and recognised as a challenge.

The Development of Human Rights since 1945

It is as well to consider briefly the huge advances made in the area of human rights and humanitarian law since the end of World War II. I will devote disproportionate attention to the role of the United States, as it was crucial to these advances.