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14 Terrorism

Aristoteles Constantinides

From: International Law in Domestic Courts: A Casebook

Edited By: André Nollkaemper, August Reinisch, Ralph Janik, Florentina Simlinger

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 21 October 2020

Subject(s):
Freedom from torture and cruel, inhuman, or degrading treatment — Right to fair trial — Right to liberty and security of person — Non-refoulement — Terrorism — Relationship between international and domestic law

This chapter examines how domestic courts deal with questions relating to terrorism, focusing on decisions that bring to the fore the uncertainties surrounding the definition and scope of terrorism as well as cases that illustrate the difficulty of striking a balance between the need to combat terrorism effectively and the need to uphold (international) human rights standards while doing so. These cases show how domestic courts in various parts of the world have responded to the attempts by the legislature and the executive to circumvent human rights during the ‘war on terror’. The focus is on cases involving the prohibition of torture and non-refoulement as well as the rights to liberty and fair trial. Several of these decisions, especially by domestic courts in Europe, also emphasize the relationship between the case law of domestic courts and that of supranational courts or treaty bodies confronted with the same issues.

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