LEGAL CONCEPTIONS OF NATIONAL SECURITY RELEVANT TO COUNTER-TERRORISM AND HUMAN RIGHTS LAW AND POLICY
By Ogechi Joy Anwukah, PhD
The attack of 9/11 sparked off some crucial national security questions. One of such question is on how to proficiently counter terrorism without the flagrant violation of human rights by nation states. Unquestionably, issues on ‘terrorism’ and ‘counterterrorism’ are national security issues. Hence, this book investigates the inclination of the European Court of Human Right towards the issues of national security and human rights in the fight against terrorism. This is effected by evaluating the laws of the ECHR. Resultantly, this book sets out to critically review and ultimately revise existing legal/judicial conceptions of “national security”. Therefore, the all-embracing intention of this book is to execute an exhaustive search for the formulation of a comprehensive definition of national security against the background of counterterrorism. To further illustrate the practicality of such a definition in the “fight against terrorism”, the theory of ‘preservative legitimacy’ was propounded in this book. Through the ECHR case law, this book exposes the impunity with which sovereign states infringe on the principles of the rule of law while countering terrorism. Furthermore, this book questions the issue of the absolute nature of Article 3 of the ECHR with reference to deportation in the fight against terrorism. It exposes the challenges sovereign states face when deporting persons whom they consider threats to others and to the nation. This book contends with the trade-off of rights of a single individual (article 3 ECHR right of a terrorist/terrorist suspect whose activities has the potential to threaten national security) as opposed to the right to life of many innocent civilians. This book makes a case for the adoption of a comprehensive definition of national security, which could serve as a model for policy makers to adopt in the formulation and implementation of counterterrorism measures.
Dr. Ogechi Joy Anwukah is a highly sought-after international law expert, well established in the field of National Security and Counterterrorism. She is a legal scholar, a writer, and a born leader. She was called to the Nigerian Bar over two decades ago and went on to obtain a master’s degree in Law (LLM), in International Business Law at the University of Central Lancashire, United Kingdom. She subsequently gained lecturing experience teaching "Thinking and Arguing Law" at Lancashire Law School, UK. She then obtained her doctoral degree in International Law from the University of Central Lancashire, UK. She propounded a counter-terrorism theory, "The Theory of preservative Legitimacy" and formulated a comprehensive definition of National Security chronicled in her work titled "Legal Conceptions of National Security Relevant to Counter-Terrorism and Human Rights Law and Policy."
Furthermore, her work, "The Effectiveness of International Law: Torture and Counterterrorism," in addition to being published in the "Annual Survey of International & Comparative Law Journal, " also resides on the shelves of law and court libraries all over the world and has been referenced, thus far, by over 3,000 students in the United States alone. Dr. Ogechi Joy Anwukah has sat on many panels brainstorming ideas on how to ultimately further the body of knowledge, for exceeding matters of law alone. Among other things, she currently plays a supervisory/advisory role to PhD students in various academic institutions. All while being the General Overseer of Holy Ghost Deliverance International Ministries and President of Joy Anwukah Ministries, located in Antioch California in the United States.
In addition to her vast academic achievements, she is a Reverend Minister. She has over 20 years of marriage under her belt and is a mentor to many; both old and young. She has and continues to function in various mentorship positions for individuals across the globe. Her strong passion for youth empowerment has led to her being invited to speak in a wide array of seminars aimed at encouraging young people to not only further their education and maximize their potential, but to also strengthen their relationships with God. She is passionate about the oppressed, the abused, widows, the helpless, the hopeless, children, the youth and so much more. She is a worshiper, a prayer warrior and has won numerous leadership awards both in religious and secular circles.