• E4J University Module Series: Counter-Terrorism

• Module 8: Right to Life

• Introduction and learning outcomes

• Key issues

• • International human rights instruments
  • Regional human rights instruments
  • International humanitarian law
  • Extra-territorial application of the right to life
  • Arbitrary deprivation of life
  • The death penalty
  • Enforced disappearances
  • Armed conflict context

• Exercises and case studies

• Possible class structure

• Core reading

• Advanced reading

• Student assessment

• Additional teaching tools

• References

 

Published in July 2018.

 

 

  This module is a resource for lecturers  

 

Introduction

 

The right to life lies at the heart of any counter-terrorism strategy, especially the protection of life of civilians who are commonly terrorist targets. Various measures and human rights violations have been a source of contention in relation to right to life issues, including, to name a few, use of the death penalty as punishment for convicted terrorists, enforced disappearances, and targeted killings. The rhetoric surrounding such approaches has, in some instances, obscured the legal framework which governments, law enforcement agencies and the military should follow. An area of special complexity has been where the lines have become blurred between what practice is lawful and legitimate during ordinary peacetime law enforcement scenarios, compared with those occurring in times of armed conflict. In addition, the Module examines a number of problematic practices which, though undesirable including from a human rights law perspective, are nonetheless lawful where strict criteria are met, such as use of the death penalty and targeted killings. In exploring such issues, it further examines the scope of the right to life in relation to counter-terrorism law, policy and practice, considering too some of the difficult questions and predicaments that remain unresolved, including at the national, regional and international levels.

 

Learning outcomes

• Identify and discuss many of the most topical and complex issues regarding the right to life in a counter-terrorism context.
• Examine the applicable international and regional legal frameworks, and related jurisprudence, including areas of similarity and difference between them.
• Consider the paradigms applicable to the right to life in both peacetime law enforcement as well as armed conflict situations, including key differences between them.
• Understand and discuss a number of contemporary issues of human rights and wider rule of law concern.

 

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