Remedying violations of human dignity and security: State accountability for counterterrorism intelligence cooperation

Abstract

International intelligence cooperation, an essential tool to counter terrorist threats, has increased exponentially since the attacks of 11 September 2001 (9/11). At the same time, the means and methods employed post-9/11 have resulted in serious violations of international human rights law. The interstate system of invocation of responsibility has proven ill-fitted to hold States to account for their wrongful acts in the counterterrorism intelligence cooperation context, leaving States immune and victims without redress. This chapter therefore proposes a new analytical perspective, using the concept of international legal accountability as a tool to examine the various alternative ways in which States are being held to account for their intelligence activities in breach of international human rights law. The analysis also shows that alternative forms of State accountability play a significant role in remedying violations of human dignity and human security, making them valuable processes for victims of intelligence operations.