ANALYSIS OF CONFLICT BETWEEN HUMAN RIGHTS AND ANTI- TERRORISM LAWS: A CRITICAL EXAMINATION UNDER INTERNATIONAL LAW

Abstract

Since 9/11, the number of anti-terrorism legislations globally has increased in a way that often sacrifices the protection of human rights. The paper critically analyzes the inherent tension between human rights and anti-terrorism laws under international law. Analyzing key legal instruments, case studies, and scholarly debates, this article argues that although states have a legitimate interest in combating terrorism, the erosion of human rights in the name of security is neither legally justifiable nor effective in the long term. It engages a multidisciplinary theoretical approach, from legal positivism, critical legal studies, and cosmopolitanism, to identify these nuances of tensions between security and liberty. The article concludes with recommendations as to how these competing interests will be reconciled by finding a balanced approach toward the rules of law and international human rights standards.