Uncloaking Secrecy: International Human Rights Law in Terrorism Cases

When those swept up in counterterrorism operations try to hold governments accountable for rights violations, legal secrecy doctrines such as the “state secrets privilege” and “public interest immunity” frequently derail their efforts. This article shows the effects of legal secrecy doctrines on efforts to hold officials accountable for rights violations in counterterrorism cases. It sets out the limits imposed by international human rights law on these secrecy doctrines, and it explores how these limits are handled in US and British courts. Finally, it sets out requirements in order for legal secrecy practices to comply with international human rights law.