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
- Subject(s):
- 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...
