International terrorism and its impact on civil freedoms in Iraq after 2003. A critical analysis of the right to life and personal security

Abstract

Terrorism is one of the threats against which the international community, above all states, must protect their citizens. They have not only the right but also a duty to do so. States must take the greatest care to ensure that counter-terrorism does not become an all-embracing concept that could be used to justify violations of human rights. Many legal documents define terrorism as an organised system of intimidation with violence behaviour designed to generate fear in a community to accomplish the interests of certain individuals or groups, whether acting for or in opposition. The definition of terrorism is unclear, especially as the UN’s 1373 Resolution indicates a dual meaning of terrorism because one country’s terrorist can be another country’s freedom fighter and vice versa. This thesis revolves around the problems of lack of having a clear definition of the terms “international terrorism” and “terrorist acts” under the Iraqi Anti- Terrorism Act No. 13 of 2005 as well as the weaknesses of the international conventions on terrorism, which has made it difficult internationally to adopt a uniform standard in fighting terrorism. The main objective of this thesis is to analyse the impact of international terrorism on civil freedoms in Iraq after 2003 focusing mainly on the right to life and personal security by examining the Iraqi Anti-Terrorism Act No. 13 of 2005. In analysing the main objective of this thesis, one of the research questions posed is on the impact of international terrorism on civil freedoms that is, the right to life and personal security in Iraq after 2003. The methodologies adopted in this thesis are doctrinal legal research and empirical research approach. Based on the findings, the thesis concludes that the impact of international terrorism on civil freedoms in Iraq after 2003 has indeed affected the right to life and personal security. One of the recommendations put forward based on the findings is that, there is a need to amend/repeal the Iraqi Anti-Terrorism Act No. 13 of 2005 as far as the definitions of “international terrorism” and “terrorist acts” are concerned.