Balancing Security and Rights: Legal Narratives in Counterterrorism Policy
Keywords:
Counterterrorism law, legal narratives, security and rights, qualitative research, judicial legitimacy, human rights, IranAbstract
This study aims to explore how legal professionals construct, justify, and critique counterterrorism policies in relation to individual rights and institutional legitimacy within a securitized legal context. The research employed a qualitative methodology grounded in a phenomenological approach to examine the lived experiences and interpretive narratives of legal practitioners, policy experts, and rights advocates based in Tehran. Sixteen participants were selected through purposive sampling to ensure relevance to the subject of counterterrorism legislation and rights discourse. Data were collected via semi-structured interviews, each lasting between 45 and 70 minutes, and continued until theoretical saturation was reached. Interviews were transcribed verbatim and analyzed using thematic analysis with the aid of NVivo software. An inductive coding process was followed by axial coding to identify patterns and interrelations among themes. Three primary themes emerged from the analysis: (1) legal justifications of security measures, including rule-of-law framing, preventive logic, and judicial endorsement; (2) rights and liberties under pressure, characterized by disproportionate targeting, suppression of dissent, and fear-based public consent; and (3) ethical and institutional dilemmas, such as professional role strain, institutional accountability gaps, and the erosion of democratic norms. Participants described how ambiguous legal terms and selective use of international norms facilitate the normalization of exceptional measures and the marginalization of human rights discourse. Legal narratives in counterterrorism policy are not merely descriptive but deeply constitutive of the security-rights equilibrium. In fragile or securitized contexts, law can function as both a facilitator of repression and a potential site of resistance. Understanding these narratives is crucial for designing legal reforms, enhancing institutional accountability, and protecting fundamental rights.
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References
Agamben, G. (2005). State of exception. University of Chicago Press.
Ashworth, A., & Zedner, L. (2014). Preventive justice. Oxford University Press.
Crelinsten, R. D. (2009). Counterterrorism. Polity Press.
Donohue, L. K. (2008). The cost of counterterrorism: Power, politics, and liberty. Cambridge University Press.
Dyzenhaus, D. (2006). The constitution of law: Legality in a time of emergency. Cambridge University Press.
Ericson, R. V. (2007). Crime in an insecure world. Polity Press.
Ewick, P., & Silbey, S. S. (1998). The common place of law: Stories from everyday life. University of Chicago Press.
Gross, O., & Ní Aoláin, F. (2006). Law in times of crisis: Emergency powers in theory and practice. Cambridge University Press.
Halliday, T. C., & Shaffer, G. C. (2015). Transnational legal orders. Cambridge University Press.
Horgan, J. (2009). Walking away from terrorism: Accounts of disengagement from radical and extremist movements. Routledge.
Khalil, J. (2013). Understanding terrorism: Challenges, perspectives, and issues. Routledge.
Macklem, P. (2010). Human rights in international law: Three generations or one? London Review of International Law, 1(2), 205–223.
Office of the High Commissioner for Human Rights (OHCHR). (2014). Human rights, terrorism and counter-terrorism. United Nations.
Ramraj, V. (2011). Emergency powers in Asia: Exploring the limits of legality. Cambridge University Press.
Satterthwaite, M. L. (2012). Surveillance, secret evidence and torture: The legal framework for rights violations in the post-9/11 era. Columbia Human Rights Law Review, 43(2), 335–385.
Scheppele, K. L. (2010). The international state of emergency: Terrorism, emergency powers, and the rule of law. Harvard Law Review, 122(5), 1520–1591.
Zarifi, S. R. (2011). Rights, not just laws: Legal reform and human rights in Iran. Harvard Human Rights Journal, 24, 49–74.
Zedner, L. (2009). Security. Routledge.
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