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Human Rights and Non-discrimination in the 'War on Terror'$
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Daniel Moeckli

Print publication date: 2008

Print ISBN-13: 9780199239801

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199239801.001.0001

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Conclusion: The Wider Impacts of Discriminatory Anti-terrorism Measures

Conclusion: The Wider Impacts of Discriminatory Anti-terrorism Measures

(p.223) 8 Conclusion: The Wider Impacts of Discriminatory Anti-terrorism Measures
Human Rights and Non-discrimination in the 'War on Terror'

Moeckli Daniel

Oxford University Press

This chapter explores the wider impacts of anti-terrorism measures that involve distinctions according to criteria such as citizenship, nationality, ‘race’, national or ethnic origin, and religion. It argues that in the long term, discriminatory anti-terrorism measures will have impacts beyond their original scope and fundamentally reshape ordinary legal regimes and law enforcement methods. Instead of relying on exceptional short-term measures, responses to terrorism should be grounded in a culture of formalism and the fundamental principles of consistency, integrity, and non-discrimination. Insisting that the fight against terrorism be based on formal rules that are equally applicable to everyone would serve as an important safeguard against the common tendency to associate terrorism with a certain category of persons and to pit ‘us’ against ‘them’.

Keywords:   long-term effects, exception, emergency, normalcy, formalism

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