Where are Terrorists to Be Tried – A Comparative Analysis of Rights Granted to Suspected Terrorists
Source: Catholic University Law Review (via SSRN)

Post 9/11, much disagreement and uncertainty remains about one of the seminal issues in counter-terrorism: where to try terrorists. While much discussed, this issue is not resolved. This article will analyze the issue from a comparative perspective by examining American, Israeli, Russian, Indian and Spanish approaches. Though the five nations’ judicial and legal regimes differ, a comparative approach enables policy makers, academics and the public to develop a more global perspective on the issue and possibly to adopt other nations’ models.

In the context of articulating the most appropriate forum for trying terrorists, the considerations and ramifications are numerous. The guiding principle must be the obligation of civil, democratic society to respect and uphold the rule of law. The analysis will include a discussion of how each of the nations define suspected terrorists, before what court of law are terrorists brought, what alternatives are considered and whether fundamental protections are guaranteed.

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This entry was posted on Saturday, March 31st, 2007 at 8:41 pm and is filed under International, Legal and law enforcement, Terrorism. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.