Due Process and Counterterrorism
National Security Law: Fifty Years of Transformation, An Anthology; ABA Standing Committee on Law and National Security (Jill Rhodes, ed. 2012)
14 Pages Posted: 29 Mar 2015
Date Written: 2012
This essay offers a guide to the key concepts inherent in thinking about due process and terrorism together: why they are linked together, how they operate in tandem, and how their interplay poses compelling challenges for the liberal democratic state. Thinking about these terms separately is of course interesting for a variety of reasons pertaining to law, strategy, policy, human rights and other issues, but it is in putting together due process and terrorism that the fundamental core of both terms is laid bare.
Keywords: due process, counterterrorism, terrorism, detention, use of force, interrogations, trials, law of armed conflict, human rights, rule of law
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