ABSTRACT

Terrorism has shattered the underpinning base of the civilized society and of peaceful
living and is increasing at an alarming rate due to the availability of various modern
advancements. Post the September 11 attack in the US, the UN Security condemned global
terrorism and adopted Resolution 1373 as a counter terrorism measure under Chapter VII1 of
the UN Charter. It called upon the member states to move up level of government
performance against terrorism by improving the competence of each nation's legislation and
executive to combat terrorism. Various anti-terrorism measures usually adopted as a
temporary measure tend to leave a permanent residue and can result in a gradual and often
unchallenged expansion in the coercive power of the state. 2 The protection and promotion of
human rights under the rule of law is essential in the prevention of terrorism. If human rights
are violated in the process of combating terrorism, it will be self defeating. 3Therefore, to
sacrifice civil liberties to promote security will be a costly bargain.

1 A Security Council Resolution is considered to be 'a Chapter VII resolution' if it makes an explicit
determination that the situation under consideration constitutes a threat to the peace, a breach of the
peace, or an act of aggression, and/or explicitly or implicitly states that the Council is acting under
Chapter VII in the adoption of some or all operative paragraphs. See Johansson, Patrik. The
Humdrum Use of Ultimate Authority: Defining and Analysing Chapter VII Resolutions, Nordic
Journal of International Law 78:3 (2009), pp. 309342.
2 Colm O'Cinneide, "Strapped to The Mast: The Siren Song of Dreadful Necessity, The United
Kingdom Human Rights Act and Terrorist Threat, Published in MirianGani & Penelope Mathew Eds.,
Fresh Perspectives on the 'War on Terror', ANU 2008.
3 People's Union for Civil Liberties vs. Union Of India, (2004) 9 SCC 580