another State on the basis of assurances as to that person’s treatment by the receiving State, it
must institute ‘credible mechanisms for ensuring compliance with these assurances from the
moment of expulsion.’143
(xi) The nature of the obligations on States under international human rights
instruments and standards which are to be kept in view while enacting and
implementing anti-terrorist legislation, at the same time maintaining the primacy of
the rule of law
SUMMARY OF ANSWERS
• International human rights standards impose obligations upon States when enacting and
implementing anti-terrorist legislation.
• International human rights standards guarantee the primacy of the rule of law and this
must be borne in mind as a priority in enacting and implementing anti-terrorist legislation.
• International human rights standards should not simply be ‘kept in view’ in enacting,
implementing and administering anti-terrorist legislation, but they must be guaranteed and
incorporated into national laws and practices.
DISCUSSION
The ‘rule of law’ was defined by the eminent English jurist A V Dicey as government
according to the law, equality before the law and liberty for the individual.144 Thus the rule of
law means the supremacy of law, with all individuals and governments being subject to law.
The laws to which governments are bound are their domestic laws as well as those
international laws that have either become customary international law or those to which the
government of that country has voluntarily chosen to become bound, including international
human rights covenants, refugee and humanitarian law and the Charter of the United Nations.
143
Concluding Observations: Sweden CCPR/CO/74/SWE/(2002) para 12.
144
The Law of the Constitution (1885).
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