International human rights on trial: the United Kingdom's and Australia's legal response to 9/11

This article assesses British and Australian legal responses to the threat from international terrorism since 11 September 2001 from an international human rights law perspective. Examining the United Kingdom's Anti-terrorism, Crime and Security Act 2001 (UK) and the Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Act 2003 (Cth), it is argued that both pieces of legislation raise serious concerns in relation to international legal obligations under the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the United Nations International Covenant on Civil and Political Rights (ICCPR). Both international treaties allow for derogation from certain provisions in times of 'public emergency' (Article 15ECHR/Article 4 ICCPR). While the United Kingdom has officially derogated from some of its treaty obligations, Australia has yet to submit a similar notification. This article argues, however, that the United Kingdom's derogation is unlawful. Likewise, current circumstances in Australia would probably not permit lawful derogation from the ICCPR.