Accountability for Counter-Terrorism: Challenges and Potential in the Role of the Courts
Fergal F Davis and Fiona De Londras, Critical Debates on Counter-Terrorism Judicial Review (Cambridge University Press, 2014)
26 Pages Posted: 16 Jul 2020
Date Written: 2014
Recent years have seen increasing international attention directed towards criminal law responses to terrorism as well as to recognition of the rights of victims of terrorism. This chapter considers the other side of the coin - the use of criminal law to hold to account those responsible for crimes committed in the name of counter-terrorism, and the response to those victimized in the name of security. It considers first the quest for accountability, considering the stark contrast between the role of the criminal law in the terrorism and counter-terrorism contexts. The survey of practice will include the lack of accountability in the US for ‘war on terror’ crimes to the momentum trans-nationally and internationally towards securing a measure of justice and accountability. The chapter will then focus on reparation, and divers approaches to victimhood in the terrorism and counter-terrorism contexts. It highlights and illustrates some of the range of political, legal and practical obstacles that have faced victims in seeking to access justice on the national and international levels and suggest ways in which some of these challenges might be addressed.
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