CEU eTD Collection (2022); Ramez Alhayek: Normalizing the Abnormal: The State of Exception in the Context of Terrorism

CEU Electronic Theses and Dissertations, 2022
Author Ramez Alhayek
Title Normalizing the Abnormal: The State of Exception in the Context of Terrorism
Summary In the wake of the September 11, 2001, terrorist attacks, the United States and the world were faced with the urgent need to fight global terrorism. While the United States had a pivotal legal obligation to prevent terrorist attacks and protect its national security from external threats, this necessity was supplemented with a systematic violation of human rights, especially against Muslims, Arabs, and South Asians. Specifically, the state of emergency that was declared after 9/11 facilitated this process since the US government abused it to acquire new exceptional measures it had long been seeking to achieve specific political objectives under the pretext of countering terrorism. Although there are clear regulations on the extent a government is allowed to derogate from specific human rights under a state of emergency, most of the post-9/11 US counter-terrorism policies failed to abide by the set requirements. Instead, the violation was systematic, disproportionate, and discriminatory in many instances, inevitably demonizing classes of people. By focusing on the racial-profiling policies and the state of mass surveillance that instantly occurred following the events of 9/11, this thesis seeks to convey whether the post-9/11 US anti-terrorism policy and the measures taken following the declaration of the state of emergency conformed with international law and the proportionality standard enshrined in many international treaties.
Supervisor Boldizsár Nagy
Department Legal Studies MA
Full texthttps://www.etd.ceu.edu/2022/alhayek_ramez.pdf

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