In the current global climate of increasing counter-terrorism measures, the duty of jurists in the protection of human rights and the rule of law is essential.

ICJ Australia, assisted by the global ICJ network, has an important role to play domestically and regionally. ICJ Australia has a dedicated team focused on couter-terrorism and human rights. The key initiatives adopted by ICJ at its biennial conference in Berlin in August 2004 provide a sound foundation for the ICJ network to repond to this issue.

On 28 August 2004, 150 international lawyers from around the world adopted a Declaration on Upholding Human Rights and the Rule of Law in Combating Terrorism. The Declaration, adopted at the close of the ICJ's biennal conference, highlights the grave challenge to the rule of law brought about by recent excessive counter-terrorism measures and many old counter-terrorism laws that have been a problem for decades."The most fundamental human rights principles have come under attack," says Nicholas Howen, Secretary General of the ICJ, "The Declaration marks the beginning of global action by judges, lawyers and human rights defenders, working together and speaking out with one voice". It will serve as a guiding principle for the future work of the ICJ network around the world.

The Declaration reaffirms the most fundamental human rights that are being violated through abusive counter-terrorism measures, and clearly recalls that some human rights may never be suspended, such as the absolute prohibition of torture or other inhuman treatment and of secret detention.

"We have to be vigilant from the very beginning", says Arthur Chaskalson, President of the ICJ and Chief Justice of the Constitutional Court of South Africa, remembering the experience in his own country, in which the most flagrant human rights violations were disguised as counter-terrorism measures for decades, "if you concede the first step, every next step will lead to the further erosion of the rule of law and disregard of human dignity".

The Declaration also defines areas and methods of action for the worldwide ICJ network. Its jurists will monitor and challenge counter-terrorism legislation around the world, will advocate for an efficient international supervision mechanism and ensure that the special responsibility of judges and lawyers to protect the human rights of all persons and to uphold the rule of law is taken seriously and applied vigorously.

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Other ICJ media and public statements on the issue:

Radio Transcript - ABC PM Programme - John Dowd AO QC comments on Haneef trial - 16 July 2007 (Adobe format)

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ICJ's DAVID HICKS Initiative

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Paper - Louis A Coutts - 1 November 2006 - A short review of the various Acts of the Federal Parliament that constitute what might loosely be called the “anti terrorist” legislation (pdf file)

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EMINENT JURISTS PANEL ON TERRORISM, COUNTER-TERRORISM AND HUMAN RIGHTS - Australia Hearings 14-16 March 2006 - (click this link for more information)

• Public Statement - Eminent Jurists Panel - 17 March 2006 - EJP Concluding Statement on Australia Hearings

• MEDIA - Emininent Jurists Panel - 15 March 2006 - ICJ Geneva Invitation to Press Conference at Parliament House, Canberra on 17 March 2006

• MEDIA - Sydney Hearings of ICJ Eminent Jurists Panel - 9 March 2006 - Two leading international lawyers will be in Sydney next week to conduct an independent inquiry into Australia’s counter-terrorism laws

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• MEDIA  -  ICJ Australia says extension of Police and ASIO listening powers unwarranted  -  15 February 2006  -  increased police and ASIO powers to monitor teleohone and email communications is a significant extension of powers to invade innocent people’s privacy for which no justification has been given

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• MEDIA  -  ICJ Australia Concern over ASIO  Raids on Sri Lankan Tamils in Melbourne  -  27 November 2005  -  ASIO raids on the homes of Melbourne’s Sri Lankan Tamil community highlight serious concerns held by ICJ Australia that counter-terrorism laws may ensnare innocent charitable donors in their net, and may be used  by foreign governments to pursue their own political agendas

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• MEDIA - ICJ Australia Denounces New Counter-Terrorism Laws - 17 October 2005 - ICJ Australia has denounced the Australian government’s Anti-Terrorism Bill 2005 as an overly-aggressive encroachment on precious liberal, democratic values that go to the heart of the Australian identity

• MEDIA - ICJ Australia opposes new counter terrorism laws - 7 October 2005 - ICJ Australia has renewed its opposition to draconian counter-terrorism laws that erode fundamental liberties and human rights

  POSITION PAPER - detailed response outlining ICJ Australia's opposition to new counter terrorism laws - 7 October 2005

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• "Human Rights and the War on Terror" - speech presented by Steve Mark, Chairperson, ICJ Australia, at the 9th International Criminal Law Congress - 28 October 2004

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• Media Release: ICJ Australia welcomes New Zealand Court of Appeal Decision on Zaoui Case - 21 October 2004 - landmark human rights case relating to the deportation of Ahmed Zaoui on grounds of danger to national security

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• Berlin Declaration on Upholding Human Rights and the Rule of Law in Combating Terrorism - 28 August 2004

• Policy and Legislative Responses to Terrorism Post-11 September 2001 in Australia, ICJ Biennial Conference Paper - 15 July 2004

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• Illegal Imprisonment at Guantanamo Bay - 1 April 2004 - Detailed analysis: The detention of Hicks and Habib at Guantanamo Bay contravenes international law. The proposed military commissions do not provide due process of law - NSW Law Society Journal article
  

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• Media Release: US Military Tribunals, Guantanamo Bay - 22 January 2004 - ICJ Australia has criticised the US military tribunals set up to try Australians David Hicks and Mamdouh Habib

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• Media Release: Guantanamo Bay prisoners - 1 September 2003 - Human rights damaged by Australian government stance on Guantanamo Bay - military tribunals will be used as a precedent by military regimes; prisoner of war status; rights to a fair trial

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Terrorism (Police Powers) Bill 2002 - 2 December 2002 - Terrorism related increases in NSW Police powers of interrogation, search and seizure without adequate checks and balances

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• See also ICJ Geneva on the coordinated approach of the ICJ world network to counter-terrorism and human rights