Legal Aspects of Tackling Terrorism: The Balance between the Right of a Democracy to Defend Itself and the Proteciton of Human Rights

Posted: 6 Apr 2005

See all articles by Emanuel Gross

Emanuel Gross

University of Haifa - Faculty of Law

Abstract

This article tries to study whether there are or shuold be special rules of evidence and procedure to govern interogaiton of terrorists.

My conclusion is that, though terrorism might be an existential problem to a democracy state, human rights should be preserved,nontheless. The balance beteween the right of a democracy to defend itself anainst terrorism and the preservation of human rights should be derived from the concepts of democracy, the rule of law and humanity. This article also embraces the remark of our great and Chief Justice Barak when he stated: Human rights are extremely important and a democracy should respect them,but a democracy does not have to commit suicide and sacrifice the lives of her citizens for the sake of proving her vitality.

Suggested Citation

Gross, Emanuel, Legal Aspects of Tackling Terrorism: The Balance between the Right of a Democracy to Defend Itself and the Proteciton of Human Rights. Available at SSRN: https://ssrn.com/abstract=683307

Emanuel Gross (Contact Author)

University of Haifa - Faculty of Law ( email )

Mount Carmel
Haifa, 31905
Israel

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