THE HAGUE, 13/04/07 - Creative thinking is required to cement the cracks in the legal system regarding anti-terrorism. But the western world must always recognise the human rights of its worst enemies, according to Foreign Minister Maxime Verhagen.

Verhagen was speaking at a three-day expert seminar in Oegstgeest entitled 'Counterterrorism strategies from an international law and policy perspective'. It was organised by the Foreign Ministry and the Grotius Centre for International Legal Studies at Leiden University.

The Dutch minister said "there is still no comprehensive convention on terrorism, largely because we cannot agree on the definition of a terrorist act. Opinions also differ on the relevant law. Is the fight against terrorism an armed conflict, meaning that international humanitarian law should apply? Or is it actually the domain of criminal law? (...) We have to decide which type of law should prevail, and we must also address an even broader question: is contemporary international law equipped to meet the challenges of modern terrorism?"

The Netherlands "has always made it abundantly clear that the rule of law must always be upheld when combating terrorism, both nationally and internationally. It is my firm conviction that, in defending ourselves and our values from terrorist attacks, we must not compromise those same values. Moral authority ought to be an important element of any action taken to rid the world of terrorism. This implies that we must recognise the human rights of our worst enemy, even if we don't like the idea. Respect for human rights standards is a line we must not cross."

Verhagen noted that the US "has detained a large number of 'illegal enemy combatants' in Guantanamo Bay, in the face of protests from much of the rest of the world. (...) Only last week, I was in Washington, where I discussed the future of Guantanamo Bay with Secretary of State Rice. I of course restated the Dutch position that the detention facility should be closed. At the same time, I understand the problems the US would face in doing so."

"A policy of harsh confrontation will not bring us any closer to a more acceptable solution," added Verhagen. "There needs to be a mutual willingness to hear each other out, to agree to disagree on certain issues and to move forward. Keeping the lines of communication open is the only option." He added that 'The law must be stable, but it must not stand still', citing Roscoe Pound, dean of Harvard Law School from 1916 to 1936. "His observation still rings true".

According to Verhagen the central question at the seminar was whether it is still possible to fight a 21st-century war with traditional instruments. In order "to escape from the entrenched debate we have long found ourselves in (...) we need fresh ideas and creative thinking. Ideas that will build on the strong foundations of international law and cement the cracks in the system, wherever they may be."