Human rights laws ‘protecting terrorists’

Previous minister of Defence Ben Wallace protests at the ‘lunacy’ of rules such as ECHR

September 2023

Ben Wallace, the former Defence Secretary, has a piece on the front page of today’s Daily Telegraph (13 September 2023) under the headline “Wallace: Human rights laws protecting terrorists” written by Isabel Oakeshott and Daniel Martin.  The sub heading is “Ex-minister attacks ‘lunacy’ of rules such as the ECHR that block rendition of suspects’. 

He claims that human rights laws including the ECHR have become a serious risk to national security and are thwarting efforts to stop terrorists.  The two main reasons the ex-minister gives are that one, they are unable to kill individuals, usually by drone and two, we are unable to render people across borders or arrest people in countries whose police forces are unacceptable, means that we are more often than not forced into taking lethal action than actually raiding and detaining.  He says we are unable to carry out raids such as the US did to kill Osama bin Laden. 

It is an extraordinary article for a senior politician to have agreed to appear in a national newspaper.  Firstly, it is of a piece with a decade of fairly relentless attacks on the Human Rights Act (HRA) and the various promises to abolish or rewrite it which never seem to appear.  The benefits of the act for ordinary people in their quest of justice against the state does not get a mention. 

But the truly extraordinary part of it is the clear statement about wanting to murder people in a foreign country as a form of foreign policy.  We are quick to condemn foreign states such as Russia who attempted to murder a man in Salisbury for example, but seemingly, it is perfectly OK for us to murder a suspected terrorist in a foreign land.  In any event, how certain are we that the proposed victim is a terrorist and is plotting to carry out an attack here?  Last week, a suspected terrorist escaped Wandsworth prison and stayed away for 4 days with the finest of our security and police forces combing the country for him and with his photo on the front pages of our newspapers. In the events leading up to the Iraq war, our government and their security advisers were telling us that Sadam Hussein was developing nuclear weapons evidence of which was never found.

How certain can we be therefore that an attempt to murder a suspected terrorist in a foreign land would be successful in finding and killing the right person? Terrorist take great pains not to carry mobile phones and regularly move around. What about deaths of family members and possibly children?

There is also the moral point.  We are a member of the UN’s Security Council and as such, we should be promoting the law abiding behaviour in our and other’s international relations.  It is true that this is frequently ignored by a variety of nations, nevertheless, it would be difficult for us to adopt the high moral ground if we go around the world killing suspected terrorists ‘plotting against Briton’.

The article is full of dubious reasoning and bellicosity.  “Somalia may say you can blow up al-Shabab” he writes “because they’re our enemy as well, but if we go in and they surrender, we get told their detention pathway isn’t compliant [with ECHR law]. It’s a ridiculous catch-22 position, which doesn’t reflect the threat”.