Hisham K. Kh. Balancing Measures Between Requirements of Human Rights and Protecting of National Security

Abstract

There is a conflict between the consecration of the rights of the nation-state to ensure its survival and the establishment of mechanisms to ensure contemporary human rights, and this conflict has begun to take a place and great attention in the literature of legal and human rights jurisprudence related to the need to maintain and guarantee human rights. Hence, this research focuses on the analysis, study and statement of the mechanisms of balance that guarantee a certain margin of requirements for the balance between human rights and the national security of the state, by addressing the existence of objective and formal conditions to achieve the goal of balance and its requirements, and most countries, regardless of their political systems, are moving towards the consolidation and implementation of their national security requirements.