If a state breaks a law, it undermines its own authority

Justice Arthur Chaskalson is president, International Commission of Jurists, chair, Eminent Jurists Panel on terrorism, counterterrorism and human rights, former Chief Justice of South Africa and first President of South Africa's Constitutional Court. He has been working to promote and protect human rights in South Africa and other parts of the world for the past five decades.
What brings you to India?
The Eminent Jurists Panel on terrorism, counterterrorism and human rights held public hearings in New Delhi to assess the responses of South Asian countries to acts of terrorism and their impact of human rights.The broad picture that emerged is that the court systems are in place followed by good judgments and respect for the Indian Constitution. But in certain parts of the country where there is conflict, peoples' rights are trampled upon, they are subjected to violence and the downtrodden have no access to their rights.
Vague definitions of terrorism are being misused by the state. Have you been able to arrive at a consensus?
There are considerable difficulties in arriving at a single definition. Some countries take the view that struggle for freedom should not be construed as terrorism. Others don't. Can the struggle against the colonial rule in India be termed as terrorism or the struggle against apartheid in South Africa be termed as one? But it is important how you conduct these struggles even in war.
Has there been any pattern in your observations?
There are patterns though conflicts are different. In Colombia, part of the country is in conflict; in Sri Lanka, there is a full-scale armed conflict; in the US, post-9/11, there is an external threat perception; in the UK, the threat is almost similar to that of the US but partly from within; in East Africa, there is a civil conflict; in India, there have been attacks on Parliament and then bomb blasts. The origin and nature of conflict is different and the ways to curb. Laws have been given draconian powers and may be misused by the state.
Do you think the US will respect the ICJ's findings on terrorism, counterterrorism and human rights?
The ICJ is an influential body, it is respected in legal circles and we are united by international law and rule of law principles that advance human rights. We all know that tortures happen in every country but no country will openly say. It is wrong to violate international norms and you have to locate issues of human rights against this paradigm.
What happens when peoples' rights are trampled by the state itself?
If a state becomes a law-breaker it undermines its own authority. It is also important that the civil society be heard. The civil society should raise its voice if the state breaches the law through elections and protests. There are many ways to struggle. The problem is with the voices of minorities. Their voices are not heard most of the time.