Search:

Notify Me of Each Issue:

Editor-In-Chief:

Russell Miller

Advisory Board:

Gregor Bachmann
Nina Boeger
Matthias Casper
Helge Dedek
Hans-Michael Heinig
Florian Hoffmann
Alexandra Kemmerer
Frank Schorkopf

Senior Editors: 

Besty Baker
Jurgen Bast
Gralf-Peter Calliess

Patrycja Dabrowska
Elisa Hoven
Jen Hendry
Malcolm MacLaren
Stefan Magen
Ralf Michaels
Christoph Safferling
Emanuel Towfigh
Floris de Witte

Associate Editors:

Anna Katharina von Oettingen 

Liberty Dies by Inches: German Counter-Terrorism Measures and Human Rights, Part 2 of 2


By Verena Zöller
Abstract
Read the Full Contribution as a PDF


[Editors' Note: Due to its size, this article is published in its HTML version in two parts. This is part 2/2.]

 

E.  Counter-Terrorism Measures

[26]  The principal international body monitoring the measures taken by all States is the Counter Terrorism Committee (CTC) established by Security Council resolution 1373. The Committee's mandate is to monitor the implementation of resolution 1373 and to increase the capability of States to fight terrorism.[45] All States are obliged to report to the CTC. Germany first did so in December 2001 and, judging from the follow-up questions of the Committee, the report was carefully analysed.[46] However, the scrutiny of the CTC only extends to whether it regards the measures taken sufficient and appropriate to combat terrorism. It does not consider their conformity with human rights law. Thus, the reports provide an overview of the measures in place but are silent about their compatibility with human rights standards.

[27]  As can be seen from the Germany's report, counter-terrorism measures are wide-ranging. Security Packages I and II amended 19 different statutes and six statutory orders. In the following some of the most important measures shall be reviewed regarding their accordance with Germany's human rights obligations. The selection was made with a view to cover all different groups of affected persons. Also included are the eavesdropping law and grid search, both introduced before 9/11, firstly because of their importance and secondly to illustrate a certain continuity.

I.  Measures potentially affecting all persons present in Germany

1.  The right to privacy: surveillance and data protection in human rights instruments

[28]  The most wide-ranging measures in that they potentially affect all persons on German territory mainly...



 
German
Law
Journal
Welcomes
Submissions



Call for Papers



Photo by Oksana Suprun
via Wikimedia Commons

click image
to learn more


International
Law
After
Ukraine