National Security and Human Rights in International Law

Abstract

The post war-on-terror era has witnessed several developments in international law, including the nature and function of national security. This article establishes a link between national security and human rights by looking at some practical implications from a State policy perspective and theoretical views. Any discussion on the two distinct areas of ‘national security’ and ‘human rights’ are, of course, not equal. However, the discussions in this article relate to how international law interacts with national security over human rights given that national security relates to a State’s domestic affairs but with implications for the international legal system. Thus, through theory and practice, this article demonstrates that national security and human rights are unstable. This article addresses the question of whether national security and human rights obligations are in conflict or whether international law has been over-responsive or under-responsive to either human rights or national security concerns.

International institutions in the mechanism for the protection of human rights and freedoms in the national security context

“…As the Australian Human Rights Commission (2007) states, the international human rights regulations enshrine tools that enable governments to balance national security and human rights. At the same time, Morris (2020) emphasize that they do not provide protection for internal situations regarding their violation. The results of the study prove that the protection of human rights does not directly depend on the number of ratified international treaties.…”

“…The results of the study prove that the protection of human rights does not directly depend on the number of ratified international treaties. Therefore, Morris (2020) notes that the international tools for the protection of human rights are weak where national security intersects with human rights violations at the domestic level. Kumar (2005) states that the protection of human rights and the national security level are interdependent.…”

The role of the international institutions in the protection of human rights and freedoms in the sphere of national security

“…Interference with human rights and freedoms must be provided for by law, pursue a legitimate goal, and be necessary for society (Binder, 2018). But where national security intersects with human rights abuses at the national level, international human rights law is weak (Morris, 2020). Human rights and freedoms are the highest priority for the development of a democratic state, but they can be limited in the interests of national security (Drobotov, 2020).…”

“…The article by Morris (2020) established the relationship between national security and human rights by considering some practical implications of public policy. The study has considered the works of Morton and Maeselin (2020), dedicated to the main principles of modern international law aimed at strengthening international security regimes and scientific works of Alwan (2020) on the systematization of scientific approaches to the concept of "national security" and Gilder (2021) on the conceptual basis of human security, the possibility of responding to a changing world, and the corresponding reorientation of international rights.…”