HUMAN RIGHTS AND LIMITS OF SOVEREIGNTY: IMPLICATION FOR NATIONAL SECURITY

Abstract

The research was carried out to identify the implications for national security of fighting
terrorism within the frame work of human rights. It hypothesizes that in a situation where a state’s
sovereignty is threatened due to terrorism, national security can not be ensured without prejudicing
human rights in some way or the other. Books, periodicals, newspapers and the internet were used
in the investigation along with the authors experience in fighting terrorism in various capacities for
over last three decades. The findings confirm the hypothesis was confirmed. However, it was also
found that violating fundamental/human rights by the state propagate terrorism and endangers its
own national security. Further, it was also found that terrorism has an impact on human rights
in three ways, i.e. due to terrorist acts, curtailing of fundamental rights and use of state power
against domestic/political opponents of the state on the pretext of fighting terrorism. To safeguard
national security, there thus has to be a formula based on laws to fight terrorism and genuine effort
by the state to preserve human rights with transparency. Once the problem posed by terrorism is
solved, action must be taken immediately to suspend the enacted laws to return to normalcy. Good
governance is the key to prevent human rights violations and terrorism. National security can be
safeguarded by maintaining human rights, good intelligence agencies, well-equipped, well-trained
professional security and police forces.