Terrorism and Human Rights: Treatment of Terrorist Suspects and Limits on International Co-operation

Abstract

The United States has an obvious interest in obtaining custody of and prosecuting and punishing those responsible for plotting terrorist attacks against it. The forcible abduction of suspects has in the past been a tactic favoured by it in order to obtain such custody; however, abductions are problematic, since they necessarily involve infringements of human rights, as well as the infringement of territorial sovereignty. Extradition is by far the more preferable means, since it ensures an adequate respect for human rights. However, various US policies relating to the treatment of terrorist suspects are likely to create obstacles to extradition.