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92 Can. B. Rev. 1 (2013)

handle is hein.journals/canbarev92 and id is 1 raw text is: 










Vol. 92                         2013                            No. 1



                       INTRODUCTION

         SYMPOSIUM: THE SOCIAL COST OF
                   NATIONAL SECURITY

                           Sukanya  Pillay*


Following the terrorist attacks of September 11, 2001, the international
community  committed  to work together to fight terrorism using specific
strategies - extradition, mutual legal assistance, information sharing,
intelligence gathering, and the prevention and suppression of terrorist
financing. From a human rights perspective, the protection of individuals
and territories against terrorist acts and threats was a duty of every state.

    However,  what began  to emerge internationally was a shift among
democratic countries that had primarily been leaders of human rights. A
new argument  arose that the existing international legal framework was not
able to deal with the new threat posed by transnational terrorist networks
like al qaeda - and therefore certain norms could no longer be upheld.
Unsurprisingly, non-democratic and repressive states not only welcomed
this shift by democratic nations, but also began to depict repressive state
activity as counter-terrorist and therefore beyond scrutiny.

    Peremptory norms  such as the absolute prohibition against torture, fair
trial and due process, and the right to be free from arbitrary detention
were suddenly called into question as the US reportedly coopted nations to
assist with extraordinary renditions,I secret prisons and enhanced


        General Counsel and Executive Director, Canadian Civil Liberties Association.
    1   Human Rights Council, Joint Study on Global Practices in Relation to Secret
Detention. 19 February 2010, online: <http://www2.ohchr.org/english/bodies/hrcouncil
/docs/13 session/A-HRC- 13-42.pdf>.


THE  CANADIAN BAR REVIEW

   LA  REVUE   DU  BARREAU
           CANADIEN

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