Abstract
Introduction In the past decade and a half there has been an enormous expansion of counterterrorism laws and policies at national, regional and international levels. Spurred on by the events of 9/11 and, later, the phenomena of the so-called Islamic state and of ‘foreign terrorist fighters’, states and international institutions have introduced laws and policies that encroach greatly on fundamental freedoms and human rights, and the international conception of the ‘rule of law’ has been ‘securitized’ to a striking degree so that it now increasingly suggests ‘strong’ institutions capable of effective coercion rather than necessarily limited, transparent and rights-bound institutions, answerable to ‘the People’. Domestic and international counter-terrorism measures include provisions to permit, require and fund technologically innovative approaches to counter-terrorism. Thus, surveillance, smart borders, data collection and sharing, passenger name record exchange and so on feature heavily in the highly technologized arena of contemporary counter-terrorism where the production, retention, processing and deployment of data have taken centre stage. While these measures raise particular questions flowing from the technologies applied, this chapter takes a step back from the specifics of technological innovation in security to address a matter of structural, ethical and deliberative concern across the field of security: effectiveness. In the field of counter-terrorism, evaluation of whether counter-terrorist measures are actually effective is worryingly inadequate or, sometimes, simply nonexistent. Given the implications of expansive counter-terrorism for human rights, democracy and the Rule of Law, I will argue that the evaluation of effectiveness is fundamental in maintaining the legitimacy of the counter-terrorist state and supra-state. Having done that, I will explore what the notion of ‘effectiveness’ means in this context, identifying both meta-and specific objectives as critical sites of analysis. Based on this, the chapter will argue for the implementation of critical, reflexive and comprehensive ex post facto effectiveness evaluation of counter-terrorist measures, going well beyond a mere analysis of ‘legality’ per se. Where done properly, such evaluation should enhance legitimacy, not least by identifying areas where the infringement of personal liberty resulting from a counter-terrorism measure is disproportionate to its apparent effectiveness in enhancing security.
Original language | English |
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Title of host publication | Socially Responsible Innovation in Security |
Subtitle of host publication | Critical Reflections |
Publisher | Taylor and Francis |
Pages | 117-128 |
Number of pages | 12 |
ISBN (Electronic) | 9781351246897 |
ISBN (Print) | 9780815371397 |
DOIs | |
Publication status | Published - 1 Jan 2018 |
Externally published | Yes |