Comment, Counter-terrorist Operations and the Rule of Law

Gerald L. Neuman ^*

Full text available: PDF format ^***

Abstract

Measures to prevent and punish terrorism must be conducted with respect for human rights. Nonetheless, when counter-terrorism methods shift from law enforcement to transnational armed conflict, the applicability and effect of particular positive human rights norms may change. If European states find it necessary to pursue the military model of counter-terrorism, then European human rights jurisprudence may need to modify its rigid opposition to military trials. The right to take proceedings before a court for determination of the lawfulness of detention provides an important procedural safeguard against torture and disappearance, but in some narrow circumstances derogation from that right may be strictly required by the exigencies of combating terrorism.

 * Columbia Law School.

*** The free viewer (Acrobat Reader) for PDF file is available at the Adobe Systems.

© 1990-2004 European Journal of International Law
All comments and suggestions should be sent to webmaster
This site is part of the Academy of European Law online, a joint partnership of the Jean Monnet Center at NYU School of Law and the Academy of European Law at the European University Institute.
This file was last modified: Saturday, May 07, 2005 12:53PM