Tarptautinis terorizmas ir legitimių priemonių kovojant su juo naudojimas

Abstract

The idea is laid down in the article that while guaranteeing national security as general social value human (also terrorist’s) rights and freedoms cannot be denied. Balance between pursued aim and measures used in the fight against terrorism must be guarantied. It is emphasized that it is allowed to restrict implementation of human rights and freedoms if the following conditions are followed: it is made by the law; the restrictions are necessary in a democratic society in order to ensure the rights and freedoms of other persons and values, as well as the legally important objectives; the restrictions do not deny the nature and essence of the rights and freedoms; the principle of proportionality is followed. It is also underlined in the article that this view must be applicable not only restricting human rights and freedoms, but also state’s rights; in other words, international law principles and norms must be followed in the fight against states which support terrorism.
It is emphasized in the article that not every effective measure in the fight against terrorism may be considered as legal measure in the democratic society. It is also stressed that “fighting democracies” cannot be “toothless”. Terrorism as a negative social phenomenon may be stopped while using some legitimate “nonordinary” measures.