Al-Istinbath Jurnal Hukum Islam Vol.
No.
May 2024, 395-410 P-ISSN: 2548-3374 .
, 25483382 .
http://journal.
id/index.
php/alistinbath Integrating Islamic Criminal Law and International Human Rights Law in Counter-Terrorism Efforts: A Critical Analysis Nashwan Mohammed Suleiman1.
Saud Suwaid Armoosh2.
Rami Salih .
Bushra Salman Husain Al-Obaidi4.
Dmytro Chornomordenko5* Al-Noor University.
Iraq1.
Al-Mansour University College.
Iraq2.
Al-Turath University.
Iraq3.
Al-Rafidain University College.
Iraq4.
National University of Life and Environmental Sciences of Ukraine.
Ukraine5* Corresponding author: d.
chornomordenko@nubip.
DOI: https://dx.
org/10.
29240/jhi.
Received: 15-11-2023 Revised: 21-02-2024 Cite this article:
Accepted: 25-04-2024 Suleiman.
Armoosh.
Salih.
Al-Obaidi.
, &
Chornomordenko.
Integrating Islamic Criminal Law and International Human Rights Law in Counter-Terrorism Efforts: A Critical Analysis.
Al-Istinbath:
Jurnal Hukum Islam, 9.
, 395Ae410.
https://doi.
org/10.
29240/jhi.
Abstract The article examines the effectiveness of counter-terrorism strategies in aligning with international human rights law (IHRL) and Islamic criminal law (ICL).
The rise in global terrorism has led governments to implement stringent counter-terrorism measures, often resulting in conflicts between maintaining national security and upholding human rights and Islamic legal principles.
Through a comprehensive review of international legal instruments.
Islamic legal texts, case law, and national counter-terrorism policies, a comparative analysis was conducted to assess the extent of conformity between state measures and international human rights standards, alongside the principles of ICL.
The findings reveal that while many countries attempt to incorporate human rights protections and Islamic values into their counter-terrorism frameworks, these efforts are often undermined by practices such as prolonged detention without trial, torture, and restrictions on freedom of expression and association.
Furthermore, inconsistencies in the interpretation and application of ICL across jurisdictions were observed.
The study concludes that states must balance the imperative of ensuring national security with their obligations under international human rights law and Islamic Copyright A 2024 Nashwan Mohammed Suleiman, et.
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.
International License 396 | Al-Istinbath: Jurnal Hukum Islam.
Vol.
No.
May 2024 criminal law.
Although it is possible to formulate effective counterterrorism strategies within these frameworks, governments must remain vigilant and committed to upholding both security and human rights.
Keywords: International Human Rights Law.
Islamic criminal law.
counter-terrorism.
national security.
legal compliance Introduction Terrorism remains a dynamic and evolving threat, compelling governments worldwide to adopt increasingly stringent counter-terrorism (CT) The primary aim of these measures is to protect national security, but they often raise significant concerns about human rights and the balance with Islamic criminal law (ICL)2.
This tension highlights the inherent challenge of ensuring security while safeguarding justice, dignity, and civil liberties3.
As CT strategies evolve, they frequently conflict with the fundamental principles of International Human Rights Law (IHRL) and ICL, particularly in Muslimmajority regions where Islamic legal frameworks shape societal norms4.
Furthermore, swift CT measures often prioritize security over rights, inadvertently leading to human rights violations that can foster extremism and undermine long-term security objectives5.
Previous literature has underscored the ethical and legal conflicts between counter-terrorism measures, human rights protections, and Islamic legal standards.
Research has highlighted the risks posed by surveillance, profiling, and other counter-terrorism tactics that threaten individual privacy and For instance, the implementation of draconian security measures such as indefinite detention and torture has been linked to significant human rights 1 Bart Schuurman, "Research on Terrorism, 2007Ae2016: A Review of Data.
Methods, and Authorship," Terrorism and Political Violence 32, no.
0/07/03 2.
https://doi.
org/10.
1080/09546553.
2 Farhad Malekian, "The Homogeneity of International Criminal Court with Islamic Jurisprudence," International Criminal Law Review https://doi.
org/10.
1163/156753609X12487030862584
3 Mutungi Stephen and Mulu Francis, "Counter-Terrorism Measures and Human Rights Protection in Kenya," International Journal of Current Aspects 5, no.
https://doi.
org/10.
35942/ijcab.
4 Hajed A.
Alotaibi, "The challenges of execution of Islamic criminal law in developing Muslim Countries: An analysis based on Islamic principles and existing legal system," Cogent Social Sciences 7 .
, https://doi.
org/10.
1080/23311886.
5 Mohd Hisham Mohd Kamal, "Human Rights Perspectives On Issues In The Implementation Of Islamic Criminal Law In Malaysia," PETITA: Jurnal Kajian Ilmu Hukum Dan Syariah .
, https://doi.
org/10.
22373/PETITA.
V4I1.
6 Angela Calixto and Luciani Carvalho, "The Role Of Human Rights In The Process Of Constitutionalization Of International Law," Novos Estudos Jury-dicos 25 .
/13 2.
, https://doi.
org/10.
14210/nej.
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violations in CT efforts7.
Studies on IHRLAos role in constitutional law have shown its significant influence on shaping CT policies, while other works have explored the complexities of integrating Islamic jurisprudence into global legal norms, indicating the inherent tension between security and human rights8.
However, these contributions often overlook the practical incorporation of ICL alongside IHRL in addressing terrorism within specific regional contexts9.
The novelty of this research lies in its exploration of how Islamic legal principles can be harmonized with global human rights frameworks in the formation of counter-terrorism policies.
While Islamic law has been studied in isolation, its integration with IHRL within CT practices remains underexplored7.
This gap highlights the need for a rights-centered framework that combines Islamic jurisprudence with international legal norms to guide CT strategies, particularly in Muslim-majority countries where religious and cultural perspectives are crucial for legitimacy10.
Previous studies have focused on specific aspects of Islamic lawAos influence on terrorism, but there is a lack of comprehensive analysis on its integration with IHRL5.
This study hypothesizes that integrating Islamic principles into CT frameworks can enhance their legitimacy and efficacy by addressing security needs while respecting human rights.
The research further posits that such integration can foster a more culturally sensitive and ethically grounded approach to counter-terrorism.
To test this hypothesis, the research employs a comparative analysis of key legislative frameworks, international treaties, and case studies across diverse regions.
Expert interviews supplement the study, offering insights into the ethical and legal implications of CT practices11.
The objective is to develop a balanced CT framework grounded in both IHRL and ICL, promoting stability, social cohesion, and resilience in global communities12.
7 Theodor Schilling, "The Recognition of Human Rights: A Threefold Myth," Human Rights Law Review 20, no.
, https://doi.
org/10.
1093/hrlr/ngaa016.
8 Cian C.
Murphy, "EU Counter-terrorism Law: What Kind of Exemplar of Transnational Law?," Cambridge Yearbook of European Legal Studies .
, https://doi.
org/10.
1017/CEL.
9 Mohammed M.
Ali.
Kristina Murphy, and Adrian Cherney, "Counter-terrorism measures and perceptions of police legitimacy: The importance Muslims place on procedural justice, representative bureaucracy, and bounded-authority concerns," Journal of Criminology 55, 1 .
, https://doi.
org/10.
1177/26338076211030955.
10 Hamzah Hasan and La Ode Ismail Ahmad, "The Correlation Between Human Rights And Human Obligations (An Analysis Of Islamic Criminal La.
," Jurnal Diskursus Islam .
, https://doi.
org/10.
24252/JDI.
V8I2.
11 Waldemar Zubrzycki, "The Essence of Terrorism," Internal Security 12 .
/22 2.
, https://doi.
org/10.
5604/01.
12 Mohamed A.
Arafa, "Islamic Criminal Law: The Divine Criminal Justice System between Lacuna and Possible Routes," .
, https://doi.
org/10.
18875/2638-3578.
398 | Al-Istinbath: Jurnal Hukum Islam.
Vol.
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May 2024 This study adopts a comprehensive analytical approach to explore the complex relationship between counter-terrorism (CT) strategies.
International Human Rights Law (IHRL), and Islamic Criminal Law (ICL).
The research framework emphasizes understanding the interplay between national security, human rights, and Islamic legal principles5.
A key aspect of this study is to critically assess how CT measures can align with both IHRL and ICL, examining the legal and ethical dimensions of their application across different regions.
This involves analyzing existing global agreements and instruments, such as the Geneva Conventions .
dopted in 1949 with 196 signatorie.
, the Torture Convention .
4, 170 signatorie.
, and the International Covenant on Civil and Political Rights (ICCPR, 1966, 173 signatorie.
, to understand how they set international standards for combating terrorism and protecting human rights6.
Document analysis is employed to assess the primary international treaties and compare them with national counter-terrorism laws from countries such as the United States, the United Kingdom, and Australia, which serve as case studies for analyzing regional differences in implementing these global The study examines these national legislations, including the USA PATRIOT Act .
1, 21 key provision.
, the UKAos Terrorism Act .
0, 18 key provision.
, and AustraliaAos Counter-Terrorism Act .
5, 15 key provision.
, to evaluate how these frameworks incorporate international norms and Islamic legal principles.
The article also includes expert consultations, wherein legal scholars, policymakers, and practitioners provide insights based on their expertise in counter-terrorism and human rights.
Experts are selected according to their qualifications and years of experience in relevant fields, with interviews conducted using a personalized framework that allows for in-depth exploration of the ethical and legal implications of CT strategies14.
A total of 12 legal scholars, 4 policymakers, and 3 legal practitioners participated in the expert consultations, each with an average of 12 to 15 years of experience.
Data synthesis involves identifying recurring themes in the gathered data, including prolonged detention, torture, and freedom of expression infringements, which are central to the ethical debate surrounding counterterrorism efforts9.
In total, 65 data points from international instruments, 54 from national legislations, and 120 from expert interviews were analyzed.
The study utilizes tools like the Human Rights Violation Index (HRVI) to quantitatively assess the impact of CT measures on human rights, incorporating elements from ICL to ensure that the analysis reflects both legal frameworks11.
13 Alotaibi, "The challenges of execution of Islamic criminal law in developing Muslim Countries: An analysis based on Islamic principles and existing legal system.
14 Ahmed Al-Dawoody, "International Terrorism and the Jurisdiction of Islamic Law," International Criminal Law Review 15 .
, https://doi.
org/10.
1163/15718123-01503004.
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The HRVI includes key metrics, such as unlawful detentions, torture instances, and the infringement of freedoms, to measure the severity of violations across Through this methodology, the study aims to create a robust framework for evaluating CT strategies in line with international human rights norms and Islamic criminal law principles.
By integrating both legal perspectives, the research seeks to contribute to a more balanced and culturally sensitive approach to counter-terrorism policy that upholds human dignity and rights while ensuring security2.
Discussion Human Rights Violation Index (HRVI) Over Time The HRVI metrics offer a detailed view of the evolving human rights situation in the context of CT operations in the USA.
The index reveals a consistent escalation in violations, particularly in privacy rights infringements, unlawful detentions, extrajudicial killings, and movement restrictions, signaling a need for recalibration of CT strategies to better protect human rights15.
This expanded analysis delves into the Human Rights Violation Index (HRVI) from 2017 to 2023, providing a granular view of how counter-terrorism strategies impact fundamental rights.
The inclusion of metrics such as unlawful detentions, torture instances, and privacy rights infringements offers a comprehensive landscape of the evolving human rights situation6.
The data reveals a steady escalation in human rights abuses over seven years, including heightened monitoring activities and arbitrary arrests.
In 2020, there was a notable increase in many indicators, which aligned with heightened counter-terrorism actions.
This connection emphasizes the urgent need for a revised strategy that protects human rights while dealing with security issues9.
The results emphasize important areas for policy change and support a more equitable incorporation of human rights factors in counter-terrorism actions, stressing the importance of preserving the fragile equilibrium between national security needs and safeguarding individual freedoms13.
15 E.
Shadach et al.
, "A psychological typology of terror organizations," Aggression and Violent Behavior 58 .
1/05/01/ 2.
, https://doi.
org/10.
1016/j.
400 | Al-Istinbath: Jurnal Hukum Islam.
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Evolving Dynamics of Human Rights Violations in CounterTerrorism Operations: An Analytical Perspective .
Thematic Insights According to the data, repression of freedom of speech increased significantly in 2019, with just a modest decrease in 2018.
Although less common than the other themes, torture instances increased steadily during the seven-year period.
An in-depth examination of theme patterns uncovers an intricate terrain of human rights difficulties.
The data reveals detailed trends in extrajudicial murders and mobility restrictions, shedding insight on how counterterrorism tactics might clash with human rights safeguards, in addition to the increase in repression of freedom of speech and torture instances1.
The article thoroughly examines topical human rights breaches from 2017 to 2023, specifically focusing on lengthy detention instances, recorded torture cases, and occurrences related to freedom of speech.
The study intends to reveal patterns and trends that reflect the larger effect of counter-terrorism efforts on human rights by monitoring these particular issues over time.
The comprehensive statistics shows a consistent rise in instances of lengthy incarceration, recorded torture, and violations of freedom of speech, as well as growing worries about unfair legal procedures, random monitoring, and discriminatory behaviors.
The increase in many categories after 2020 is particularly significant, indicating a possible connection to improved counterterrorism efforts.
This tendency highlights the crucial need for supervision and restructuring in counterterrorism operations to avoid the deterioration of basic human rights2.
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Figure 2.
Trends in Thematic Human Rights Violations Amid CounterTerrorism Efforts: A Seven-Year Review .
The results highlight the need to promptly review existing procedures and recommend implementing actions to safeguard human rights, especially when confronted with security risks16.
This research emphasizes the significance of openness, accountability, and compliance with international human rights norms in developing and executing counter-terrorism tactics.
Correlation with CT Measures A correlation study was undertaken to understand better the relationship between the severity of CT measures and human rights breaches.
The direct relationship between CT measure intensity and HRVI scores highlights the delicate equilibrium between security and human rights.
As the USA increases its counterterrorism operations, it must carefully evaluate the human rights consequences and promote a more sophisticated approach to counterterrorism The article does a thorough quantitative analysis to explore the correlation between the level of counter-terrorism (CT) actions and the resulting effects on human rights abuses in the United States during a seven-year This study aims to provide empirical insights into the dynamics by calculating the CT Intensity Score, the Human Rights Violation Index (HRVI) Aggregate Score, and their association coefficients methodically.
16 Y.
Sonafist and Iain Kerinci, "Epistemology of Islamic Law Concerning Human Rights," Hikmatuna : Journal for Integrative Islamic Studies 9, no.
https://doi.
org/10.
28918/hikmatuna.
17 Yvonne Daly et al.
, "Human Rights Protections in Drawing Inferences from Criminal SuspectsAo Silence," Human Rights Law Review 21, no.
https://doi.
org/10.
1093/hrlr/ngab006.
402 | Al-Istinbath: Jurnal Hukum Islam.
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May 2024 Table 1: Correlation between CT Intensity and Human Rights Violations .
Year
HRVI
Correlation Impact on Legal Intensity Aggregate Coefficient Civil Reforms Score Score Liberties Needed Moderate High Increasing High Stable Moderate Significant Urgent Significant Urgent High Urgent Very High Immediate The analysis shows a strong positive relationship between the intensity of counterterrorism measures and the total score of human rights violations from 2017 to 2023.
The correlation coefficient consistently rises, suggesting a closer connection between increased counterterrorism efforts and the rise in human rights problems.
The HRVI Aggregate Score had a substantial increase in 2020, coinciding with a worldwide rise in counterterrorism actions and legal Adding the "Impact on Civil Liberties" and "Legal Reforms Needed" columns provides more context to the statistics, emphasizing the pressing need for policy adjustment9.
Figure 3.
Dynamic Interplay Between Counter-Terrorism Intensity and Human Rights Violations: A Longitudinal Analysis .
This research suggests the need to carefully review counterterrorism policies to guarantee they are carried out in a way that upholds human rights.
highlights the urgent need for legislation changes to improve supervision and accountability in counterterrorism activities2.
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Regional Distribution of HRVI Metrics To further disaggregate the data, the United States was separated into four major regions: the Northeast.
Midwest.
South, and West.
Regional analysis provides a granular understanding of how CT operations impact human rights across different parts of the USA.
The South's higher HRVI indicates regional disparities in the implementation and effects of CT measures, necessitating targeted interventions to address these imbalances.
The current study focuses on analyzing the geographical distribution of the Human Rights Violation Index (HRVI) throughout the United States in 2023 within the context of counterterrorism activities.
We will analyze indicators like arbitrary detentions, incidents of torture, and restricted freedoms to reveal the detailed geographical differences that characterize the country's dedication to protecting human rights throughout its counterterrorism efforts10.
Unlawful Detentions Torture Instances Suppressed Freedoms Aggregate HRVI Policy Recommendations Region Economic Impacts Table 2: Regional HRVI Distribution .
Northeast Midwest South West 0 Moderate Enhance oversight High Implement reforms 4 Very High Urgent legal action High Strengthen legal protections An in-depth examination reveals notable differences in human rights breaches among regions in the United States, with the South having the highest HRVI score in 2023, indicating a strong influence of counterterrorism efforts on human rights in that area.
The addition of "Economic Impacts" and "Policy Recommendations" columns suggests that places with higher HRVI scores have more economic difficulties, maybe because of the negative impacts of strict CT laws on social unity and economic steadiness.
The results emphasize the need for policy actions tailored to individual regions to reduce human rights breaches.
Enhancing supervision mechanisms in the Northeast, adopting substantial changes in the Midwest, taking immediate legal steps in the South, and increasing legal safeguards in the West are necessary7.
Customizing this method is crucial to guarantee that the protection of national security does not compromise basic human rights and civil freedoms13.
404 | Al-Istinbath: Jurnal Hukum Islam.
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May 2024 The data findings give a detailed insight into the human rights situation in the context of CT operations in the United States from 2017 to 2023.
The tables provide measurable insights, highlighting trends, patterns, and areas of concern that need additional investigation and study.
The strong link between counter-terrorism (CT) strategies and International Human Rights Law (IHRL) has been a key topic of discussion in academic and policy circles.
The findings of this study dissecting the intricacies of this link in the United States between 2017 and 2023 offer a crucial piece of information for this continuing discussion18.
For the last seven years, the Human Rights Violation Index (HRVI) has consistently increased, showing the ongoing challenge for states in balancing national security needs with human rights The consistent increase in all measures, specifically in regards to breaches of privacy rights and unjust incarcerations, demonstrates a trend that has been seen before in previous studies.
Throughout history, increased rights violation incidents have often been a consequence of heightened security measures implemented in response to perceived threatsError! Bookmark not This apparent pattern of cycles, confirmed for the United States in our analysis, has also been seen on a global scale22.
Thematic distributions, specifically focusing on extended detentions and limitations on freedom of expression, symbolize a major global initiative to harmonize counterterrorism actions with safeguarding human rights.
This is not a one-of-a-kind event.
Prior research has shown that states have limited civil freedoms to address terrorism concerns, whether intentionally or inadvertently7.
These publications suggest, and the current study validates, that achieving balance remains difficult to attain20.
One of the most striking discoveries in this article is the crucial connection between CT intensity and human rights The more CT measures intensified.
the more human rights violations Even though causation cannot be definitively demonstrated, this correlation suggests that stricter counterterrorism measures might lead to more infringements of rights6.
Past research has frequently mentioned this connection, suggesting potential disadvantages of implementing strict security 18 Joanna Wong, "Sharing terrorism intelligence: insights from UK law enforcement agencies," Journal of Policing.
Intelligence and Counter Terrorism 17, no.
2/05/04 2.
https://doi.
org/10.
1080/18335330.
19 Christophe Paulussen, "Towards a Right to Sustainable Security of Person in Times of Terrorism? Assessing Possibilities and Limitations Through a Critical Evaluation of Citizenship Stripping and Non-Repatriation Policies," Journal of Conflict and Security Law 26, no.
, https://doi.
org/10.
1093/jcsl/kraa022.
20 C.
& Worcester Corson.
& Rogers.
& Flores-Ganley.
, "From paper to practice? Assembling a rights-based conservation approach," Journal of Political Ecology 27, no.
https://doi.
org/10.
2458/v27i1.
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The numerical correlation coefficient values presented in this study offer a stronger basis for these resultsError! Bookmark not defined.
The Southern United States was pinpointed as having the highest rate of human rights violations in 2023, thanks to the geographical breakdown of HRVI measures.
Previous studies have also often focused on disparities in human rights violations across different regions22.
Differences are frequently influenced by local political dynamics, socioeconomic disparities, and historical The outcomes of this article, focusing on the South as a specific area of worry, align with earlier findings of comparable regional nuances23.
It is important to highlight that while this article centered on the United States, the themes and patterns found also have global significance.
Numerous countries encounter unique challenges when balancing CT policies with IHRL and ICL12.
Previous articles have examined similar problems in different geopolitical situations, from European countries addressing refugee crises to Asian administrations handling insurgencies24.
The significance of collaborative, worldwide efforts to address these challenges is emphasized by their widespread The addition of Islamic Criminal Law (ICL) adds another layer of complexity to the situation.
ICL provides principles focusing on fairness, prevention, and safeguarding life, which may be in harmony with IHRL14.
Nonetheless, the way ICL is carried out in CT evaluations differs greatly among various locations.
Certain research indicates that the integration of Islamic cultural elements can offer a more culturally appropriate structure for counterterrorism efforts in Muslim-majority nations, which could potentially boost the credibility and success of these strategies10.
The conversation also emphasizes the importance of international authorities and processes in overseeing state counterterrorism activities.
It is essential for nations to be held accountable by international conventions, treaty 21 Gowoon Jung and Ho Yeon Bae, "Rights Make Might: Global Human Rights and Minority Social Movements in Japan," Contemporary Sociology 49, no.
0/03/01 2.
https://doi.
org/10.
1177/0094306120902418pp.
22 Lee Jarvis, "Critical terrorism studies and the far-right: beyond problems and solutions?," Critical Studies Terrorism .
2/01/02 https://doi.
org/10.
1080/17539153.
23 Asmawi Asmawi et al.
, "Measuring Human Rights and Islamicity of Indonesian Anti-Terrorism Law," .
, https://doi.
org/10.
15408/ajis.
24 "Polycentricity And Polyphony In International Law: Interpreting The Corporate Responsibility To Respect Human Rights," International and Comparative Law Quarterly 70, no.
, https://doi.
org/10.
1017/S0020589320000469.
25 Iban Diaz-Parra and Jaime Jover, "Overtourism, place alienation and the right to the city: insights from the historic centre of Seville.
Spain," Journal of Sustainable Tourism 29, no.
1/03/04 2.
, https://doi.
org/10.
1080/09669582.
406 | Al-Istinbath: Jurnal Hukum Islam.
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May 2024 organizations, and regional human rights tribunals for their effectiveness26.
This is especially important when evaluating ICL's compatibility with these international frameworks6.
The discussion regarding CT techniques and their alignment .
r lack of alignmen.
with IHRL and ICL is intricate and varied.
While offering an indepth examination of the dynamics within the United States from 2017 to 2023, the findings of this analysis also confirm numerous trends and issues identified in previous research16.
The quest for an equitable equilibrium between security and rights persists.
The results of this research highlight the importance of combining human rights and Islamic legal principles in comprehensive approaches to ensure that counter-terrorism measures are both successful and uphold basic freedoms2.
Conclusion The complex relationship between counter-terrorism (CT) strategies.
International Human Rights Law (IHRL), and Islamic Criminal Law (ICL) presents a significant challenge for policymakers.
This research highlights the inherent difficulty in balancing the need for robust CT measures with the necessity of upholding human rights and justice as outlined by both IHRL and ICL.
As nations confront the growing and evolving threat of terrorism, the implementation of strong CT measures is essential, but these measures must always respect human rights and align with legal principles that protect dignity and fairness.
The findings indicate that, over the past seven years, the Human Rights Violation Index (HRVI) has risen, reinforcing the challenge of reconciling national security goals with human rights obligations.
The data suggests that as security measures intensify, human rights violations tend to increase, a pattern observed globally and not confined to any single country.
This recurring trend highlights the tension between immediate security concerns and the long-term protection of rights, a challenge that remains unresolved in many contexts.
Integrating ICL into CT frameworks provides both challenges and ICL, with its focus on fairness, prevention, and the protection of life and honor, shares many goals with IHRL.
In particular, it holds significant potential for enhancing CT strategies in Muslim-majority countries by offering a culturally appropriate ethical structure.
However, the application of ICL varies significantly across regions due to political, socioeconomic, and historical differences, emphasizing the need for a nuanced approach that respects local customs while striving for alignment with international human rights standards.
26 Carla Ferstman, "Human Rights Due Diligence Policies Applied to Extraterritorial Cooperation to Prevent AuIrregularAy Migration: European Union and United Kingdom Support to Libya," German Law Journal 21, no.
, https://doi.
org/10.
1017/glj.
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A key finding of this research is the correlation between intensified CT measures and increased human rights infringements.
This suggests that overly aggressive security policies may inadvertently fuel resentment, exacerbate human rights violations, and potentially lead to radicalization.
The data also reveals regional disparities, with certain areas, such as the Southern United States, showing higher HRVI scores.
These regional differences point to the importance of targeted interventions that ensure CT measures are applied fairly and equitably across diverse contexts.
Globally, the challenges identified in this study mirror those seen in EuropeAos refugee response and AsiaAos handling of insurgencies, emphasizing the need for international collaboration and shared learning in the development of CT policies.
The integration of ICL into CT frameworks offers a culturally resonant layer of ethical guidance, which can strengthen the credibility and effectiveness of counter-terrorism efforts.
Furthermore, effective CT strategies must prioritize community engagement, building trust, and enhancing social cohesion, all of which are vital for fostering resilience against extremism.
In conclusion, aligning CT strategies with both IHRL and ICL offers a principled approach that upholds justice, legality, and human dignity.
This alignment supports global peace and stability by addressing the root causes of terrorism and creating a more comprehensive and ethical counter-terrorism The insights from this research provide valuable guidance for decision-makers, highlighting the importance of balancing security measures with the protection of human rights to create more effective and sustainable counter-terrorism policies.
References