The ABA held a webinar, The Weaponization of Counterterrorism: Human Rights in the Crosshairs, on December 4, 2025.

The invocation of terrorism is, and always has been, a convenient mechanism to disregard basic civil and human rights. States commit some of the most egregious human rights abuses in the name of counterterrorism: surveillance, arrest, detention, torture, and extra-judicial murder. Indeed the U.S. is presently using this framework to target alleged drug traffickers in the Caribbean and Eastern Pacific Ocean. Join us for a one-on-one discussion with UN Special Rapporteur Ben Saul on how states across the world use counter-terrorism to stifle dissent, the implications of the U.S. strikes on alleged drug traffickers, and the ways in which the U.N. and community organizations are trying to curb the abuse of anti-terrorism laws.

The United Nations Commission on Human Rights created a mandate of a Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism. The speaker on the webinar, Ben Saul, has been the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism since November 2023.  Some highlights of Mr. Saul’s presentation and my selection of supplemental resources follow:

Highlights

• Russia has banned the whole LBGTQ+ movement as an extremist (terrorist) organization. See Russia: Judgment labelling “LGBT movement” as “extremist” will have catastrophic consequences (Amnesty International).
• Nonprofits held by some (including originally the Financial Action Task Force (FATF), a global body concerned with preventing the misuse of nonprofits for terrorist financing) as weak link in terrorist financing. This has led to a lot of overregulation and overcompliance in civil society. Countries have been able to get away with this because of the public perception of the “War on Terror” (a narrative that has been difficult to overcome).
• Communications barriers and challenges (that might be partly addressed by greater investment) can result in problems determining and mitigating terrorism risks.
• Extra-budgetary money funding United Nations often comes with restrictions; only 1 percent earmarked for human rights (which also is directly related to counterterrorism).
• India – Unlawful Activities Prevention Act – legislative problem – vague; overbroad; lack of due process, judicial safeguards, etc. – used more to create fear and chill dissent and less to prosecute unlawful activities – Armed Forces (Special Powers) Act – extremely problematic; gives military personnel the power to arrest without a warrant, search any premises, and use deadly force, including shooting, against anyone acting against the law after giving a warning
• Dangerous new front on War of Terror – double tap strike – because there is no war (despite the U.S. federal administration’s rhetoric), there can be no war crime – but it can be murder and a violation of international treaties (including with respect to the right to life and assassinations)
• Very tough environment in the U.S. right now (classic authoritarian playbook) and many countries are afraid to speak up, which emboldens the U.S. to further pursue its priorities – popular mobilizations (movements) are important; institutions documenting reports are sometimes sharing them confidentially in fear of government reprisals; deep structural problems in political system that led to this scenario
• Organized crime does not fit the definition of terrorism; importing drugs is not an invasion of another country

Additional Resources

Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Ben Saul (Special Procedures, UN Human Rights Council)

Global Affairs Expert Webinar: Counterterrorism and Homeland Security (Bruce Hoffman and Jacob Ware; Presider – Irina A. Faskianos, Council on Foreign Relations)