ABSTRACT

The detention of ‘suspected’ terrorists without trial and the use of drone strikes by nation states against citizens ‘suspected’ of engaging in terrorism abroad highlights the ongoing complexities of counterterrorism in terms of ethics and human rights. Paul Wilkinson argued that in a liberal state the criminal justice system is best placed both morally and logically to deal with terrorism. However, states have resorted to military means and emergency powers to counter the threat posed by terrorism. Focusing largely on the experiences of the United Kingdom (UK) and the United States (US), this chapter examines a range of methods used by states to counter terrorism and subsequently considers the ethical and human rights dilemmas faced by those charged with countering terrorism. In doing so, the chapter considers our understanding of ethics, including a discussion of two categories of normative ethical theory: namely consequentialism and deontology. The chapter also provides a wider exploration of the concept of human rights before assessing some British and American counterterrorism efforts involving the use of force and the use of law through the lens of ethics and human rights.