Human rights and national security Kjetil Mujezinovi Larsen

Human rights and national security Kjetil Mujezinović Larsen The Norwegian Centre for Human Rights

Human rights National security Rule of law?

What is it? • Hobbes: The «social contract» The to obey • Locke: Individual’s obligation human the state in returnright fortosecurity • Rawls, Dworkin: Right to security, National balancing individual rights with security community interests • National security strategies: National security is the state’s primary responsibility!

Human Inter. Regional National national rights Human rights are universal, indivisible, interdependent and interrelated • National security strategies: National security is the state’s primary responsibility!

Responsibility to protect National vs. human security Protection of civilians

National security vs. human security Types of security Traditional security Human security Object Protection of The state Integrity of the state Interstate war Nuclear proliferation Revolution The individual Integrity of the individual Disease Poverty Violence …. . Threats

Responsibility to protect Three pilars Four crimes • Responsibility to protect • War crimes • Responsibility to assist • Ethnic cleansing • Responsibility to react • Crimes against humanity • Genocide

• The European Convention on Human Rights • The International Covenant on Civil and Political Rights • The UN Convention against Torture • The Co. E Convention for the Prevention of Torture

• • Right to life Prohibition against torture Right to liberty and security Right to a fair trial No punishment without law Right to privacy Freedom of speech

Respect, protect, Very few human rights are absolute fulfil …which means that most rights can be limited Absolute Positive Immediate Human vs. rights progressive negative relative …in exceptional circumstances …but also in ordinary circumstances

= Derogations ICCPR, Article 4 1. In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin. 2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision. …in exceptional circumstances 3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation.

Turkey’s derogation from the ICCPR On 15 July 2016, a large-scale coup attempt was staged in the Republic of Turkey to overthrow the democratically-elected government and the constitutional order. This despicable attempt was foiled by the Turkish state and people acting in unity and solidarity. The coup attempt and its aftermath together with other terrorist acts have posed severe dangers to public security and order, amounting to a threat to the life of the nation in the meaning of Article 4 of the International Covenant on Civil and Political Rights.

Turkey’s derogation from the ICCPR The decision was published in the Official Gazette and approved by the Turkish Grand National Assembly on 21 July 2016. In this process, measures taken may involve derogation from obligations under the International Covenant on Civil and Political Rights regarding Articles 2/3, 9, 10, 12, 13, 14, 17, 19, 21, 22, 25, 26 and 27, as permissible in Article 4 of the said Covenant.

Provided by law Legality Legitimacy Legitimate aim and necessary to that aim Consistent with other rights Proportionality ARTICLE 8 Right to respect for private and family life 1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference…but by aalso public authority with the exercise in ordinary circumstances of this right except such as is in accordance with the law and is = security, necessary in a democratic society in the interests of national public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, Limitations or for the protection of the rights and freedoms of others.

The «Black Swan» Theory

Let’s discuss! Kjetil Mujezinović Larsen The Norwegian Centre for Human Rights k. m. larsen@nchr. uio. no