La Menace de la Lutte Antiterroriste sur l'État de Droit et les Droits de l'Homme

ralouka - Delphine Durrande

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118 pages

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The aim of this thesis is to describe and grasp the legal framework upon which the fight against terrorism was built. Then, we will find out whether the States have succeeded in protecting the integrity of the Rule of Law and the respect of Human Rights, confronted with the temptation of taking both violence and cruelty of terrorist acts as a pretext for adopting a behaviour that could violate their basic human rights obligations. This brings us to the question of knowing if the counter-terrorism threatens the Rule of Law and the Human Rights, or in a more subtle way, does the necessity of acting against a real threat necessarily bring about with it an attack on the Rule of Law and the Human Rights?
In the first part, we will highlight the challenges that the definition of the terrorism involves. The States and the international community as a whole have had to keep abreast of the changes, considering its constant evolution. By way of illustrations, we will analyse a series of instruments relevant in both European and international law, as well as the different criminal national laws that will be helpful for showing that the States have fared no better at defining that notion than specialists, experts, and authors that looked into that very notion. Beyond the issue of definition, we will examine the means of defence put at the disposal of the States in order to be able to retaliate a terrorist attack: we will have no choice but to note that the international law only partially resolves the problem of terrorism.
And yet, in order to protect the integrity of the Rule of Law, the law should be expressed in clear, precise terms; but for want of a solid legal foundation of the terrorism offence, we may fear many abuses on the part of the States. This will therefore be the subject of the second part throughout which the emphasis will lie on the mechanisms to repress terrorism, as well as the limits that circumscribe them.

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