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Part I Counter-terrorism and The Rule of Law Framework, 6 Criminality and Terrorism

Ben Saul

From: Counter-Terrorism: International Law and Practice

Edited By: Ana María Salinas de Frías, Katja Samuel, Nigel D White

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 February 2024

Terrorism — Hostage taking — Terrorism, financing — Jurisdiction — International courts and tribunals, procedure — Sovereignty
In principle, criminal law controls on terrorism offer the promise of restraint and a structured vision of the rule of law against a background of more hawkish impulses to respond to terrorism through less structured means such as preventive detention, control orders, or military force. At the same time, the flexibility and adaptability of the criminal law potentially enables it to respond effectively to contemporary terrorist violence, even if it sometimes remains necessary to use force or other non-criminal measures against terrorism. The promise of restraint...
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