The Universal Declaration of Human Rights makes perambular reference to the rule of law,
in proclaiming that:145
it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against
tyranny and oppression, that human rights should be protected by the rule of law.
In 1959 the International Commission of Jurists held the New Delhi Congress, ‘The Rule of
Law in a Free Society,’ which was attended by 185 judges, practicing lawyers and teachers of
law from 53 countries. It resulted in the Declaration of Delhi which set out the desirable
features of countries governed by the Rule of Law, including representative and responsible
government enacting laws of a certain minimum standard such as those contained in the
UDHR and European Convention for the Protection of Human Rights and Fundamental
Freedoms, an executive subject to independent judicial control and redress for wronged
citizens, an independent judiciary and bar, and minimum standards of criminal procedure.
This focus on the duty of States towards individuals represented a significant shift away from
the traditional focus of international law on the relations between States which had failed to
prevent the atrocities of the Second World War.146
The importance of the rule of law has recently been recognised by the UN High
Commissioner for Human Rights in his report to the Commission on Human Rights.147 There
he stated that:
Upholding the international standards of human rights and humanitarian and refugee law, and
defending dignity, freedom, democracy and the rule of law must remain the guiding star of the
human rights movement.148
This obligation to ensure that measures taken as part of anti-terrorism campaigns conform to
international law is recognised in several General Assembly and Security Council
Resolutions.149 As indicated in the Preface, the Security Council in Resolution 1456 sets out
145
Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948.
146
See the discussion in Brief of Human Rights Institute of the International Bar Association as Amicus Curiae
in Support of Petitioners (13 January 2004) Rasul v Bush US Supreme Court 03-334 16 January 2004 at 13.
147
Economic and Social Council, ‘Report of the United Nations High Commissioner for Human Rights and
Follow-Up to the World Conference on Human Rights, Commission on Human Rights, E/CN.4/2003/14, fiftyninth session, 26 February 2003.
148
‘Report of the United Nations High Commissioner for Human Rights and Follow-Up to the World
Conference on Human Rights', Commission on Human Rights, E/CN.4/2003/14, para 2.
149
See for example, Security Council Resolution 1456 (2003), S/RES/1456 (2003), 20 January 2003, para 6;
Security Council Resolution 1438 (2002), S/RES/1438 (2002), 14 October 2002; Security Council Resolution
74