Counter-terrorism laws should be rooted in the UN Charter and international human rights law. After all, they should be designed to protect rights to life, freedoms of opinion and religion, and the right to fair trial.
The new “foreign fighters” law bring counter-terrorism laws more towards the laws of war. And there are examples of the collision
of effective safeguards and human rights, such as the dangers to a free press of certain new Australian counter-terrorism laws.
Bio: Bret Walker has been a barrister since 1979, based in Sydney. He took Silk in 1993 (SC NSW, QC WA 1994) and has a mixed practice, largely appellate.
Formerly: President of the Law Council of Australia; President of The New South Wales Bar Association; Governor of the Law Foundation of New South Wales; Director of the Sydney Writers’ Festival; Special Commissioner of Inquiry (NSW) into matters including post-mortem practices, Campbelltown and Camden Hospitals, Sydney Ferries; inaugural Independent National Security Legislation Monitor.
Currently: Chairman Red Room Company; Member of the Uniform Legal Services Council; Editor of the New South Wales Law Reports.
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