The Legal Aspects of Combating Terrorism

Abstract

The legal challenges of the fight against terrorism involve a two-step process; the initial step is to prevent terrorist attacks through the timely identification and arrest of terrorists and then trying to obtain time-sensitive information. The second step is to convict terrorists and discourage others by obtaining needed evidence to use the judicial process to obtain just results. Current issues addressed deal with the historical background and legal standards associated with the treatment of terrorists. Security forces involved in the fight against terrorists must be cognizant of international norms dealing with terrorism and how new issues like bounties created new problems in this area. The emergence of lawfare in the area of antiterrorism will be a new challenge where terrorists are starting to use the legal system to advance their causes. Planning must anticipate this issue. The legal procedures against terrorism cannot be ad hoc but should be planned before operations. Also, the distinction between terrorists and criminals should not be blended but treatment should stem from an early determination of a particular individual's status. A final guideline for the students suggested that, although the minimum standards of treatment of suspected terrorists can be hard to pin down, the suspects should be treated at least as well as the security forces holding them.