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WITCH HUNTING: THE INFLUENCE OF THE FEAR OF TERRORISM IN THE IMPLEMENTATION OF ASYLUM LAW

WITCH HUNTING: THE INFLUENCE OF THE FEAR OF TERRORISM IN THE IMPLEMENTATION OF ASYLUM LAW 1. THE "SEPTEMBER 1 1 EFFECT" In its Resolution 2002/35 on "Human Rights and Terrorism", the UN Commission on Human Rights called upon States to take appropriate measures, "before granting refugee status, with the purpose of ensuring that the asylum-seeker has not planned, facilitated or participated in the commission of terrorist acts, and to ensure, in conformity with international law, that refugee status is not abused by the perpetrators, organizers or facilitators of terrorists acts and that claims of political motivation are not recognized as grounds for refusing requests for the extradition of alleged terrorists".I 1 Quite surprisingly, the Commission did not make any reference to the converse situation, that is, the danger that States may unreasonably deny protection within their borders to innocent asylum-seekers subject to persecution, due to unfounded fears of terrorist attacks. These kinds of measures may indeed raise questions about their consistency with the international obligations of States in the field of human rights protection. It is difficult to believe that the tragedy of 11 September 2001 did not play any role in shaping the content of Resolution 2002/35. That day raised in Western States the awareness that all certainties regarding their internal safety http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Italian Yearbook of International Law Online Brill

WITCH HUNTING: THE INFLUENCE OF THE FEAR OF TERRORISM IN THE IMPLEMENTATION OF ASYLUM LAW

The Italian Yearbook of International Law Online , Volume 12 (1): 27 – Jan 1, 2002
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References (1)

Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6133
DOI
10.1163/221161302X00066
Publisher site
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Abstract

1. THE "SEPTEMBER 1 1 EFFECT" In its Resolution 2002/35 on "Human Rights and Terrorism", the UN Commission on Human Rights called upon States to take appropriate measures, "before granting refugee status, with the purpose of ensuring that the asylum-seeker has not planned, facilitated or participated in the commission of terrorist acts, and to ensure, in conformity with international law, that refugee status is not abused by the perpetrators, organizers or facilitators of terrorists acts and that claims of political motivation are not recognized as grounds for refusing requests for the extradition of alleged terrorists".I 1 Quite surprisingly, the Commission did not make any reference to the converse situation, that is, the danger that States may unreasonably deny protection within their borders to innocent asylum-seekers subject to persecution, due to unfounded fears of terrorist attacks. These kinds of measures may indeed raise questions about their consistency with the international obligations of States in the field of human rights protection. It is difficult to believe that the tragedy of 11 September 2001 did not play any role in shaping the content of Resolution 2002/35. That day raised in Western States the awareness that all certainties regarding their internal safety

Journal

The Italian Yearbook of International Law Online – Brill

Published: Jan 1, 2002

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