RIGHTS OUTSIDE THE CONTRACT AND CONVENTION

The normative state - citizen relationship expounded in western state theory assumes a contract between the relatively disarmed individual protected by rights and the coercive state entrusted with responsibilities for security and liberty. Terrorism changes this relationship. A distinction needs to...

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Bibliographic Details
Published in:Journal of the Institute of Justice and International Studies 2008-01 (8), p.230
Main Author: Rai, Jasdev Singh
Format: Article
Language:English
Subjects:
Arabic language
Contracts
Geneva Conventions
Human rights
Political conventions
Political power
Political systems
Politics
Terrorism
Online Access:Get full text
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Summary:The normative state - citizen relationship expounded in western state theory assumes a contract between the relatively disarmed individual protected by rights and the coercive state entrusted with responsibilities for security and liberty. Terrorism changes this relationship. A distinction needs to be made between territorial conflicts, often labelled terrorism which uphold the social contract and the new Al Qaeda international terrorism, which intends to destroy it. It raises questions whether current international norms are applicable to the internationalist terrorists and given derogations by state parties, whether a new international convention with some dilution of rights and oversight is needed. [PUBLICATION ABSTRACT]
ISSN:1538-7909
1538-7917