All posts by Tahsin Iftekhar

Tahsin Iftekhar

About Tahsin Iftekhar

Tahsin Iftekhar is a mid-level judge in Bangladesh Judicial Service. This enthusiastic jurist has a prestigious masters in Human Rights Law and Policy from the UNSW, Australia. Researching on multifarious issues of law and masterminding research-based findings and juridically attained insights in the realm of legal scholarship Mr. Iftekhar also published peer reviewed articles in University of Chittagong Law Journal. He went to the University of Chittagong for accomplishing the pursuit of his legal studies from where LLB and LLM both the degrees were secured with first-rate distinctions.

Derogation clauses in International Human Rights Treaties: Relevance in the post-9/11 State of Permanent Legal Emergency.

by  Tahsin Iftekhar
Human-rights-abuses-1
Human Rights are inalienable.

This article aims at analysing the relevance of the derogation clauses in Article 4 of the ICCPR, Article 15 of the ECHR and Article 27 of the ACHR in the post-9/11 state of permanent legal emergency, which allows State parties the right to suspend some of their obligations in protecting human rights during public emergency. This analysis will be supported first by a brief overview of the derogation clauses in the ICCPR, the ECHR and the ACHR; secondly with explanations of those clauses. The third part of this article will focus on the term ‘public emergency threatening the life of the nation’ developed by the European Courts of Human Rights (ECtHR), the Human Rights Committee (HRC) and the International Law Association (ILA) before 9/11. The subsequent part will show how the same ECtHR after 9/11 in the judgments of Belmarsh detainees and A and Others v. United Kingdom turned away from their original [....]