Law Commons^™

Due Process And Counterterrorism, Amos N. Guiora

Amos N. Guiora

In this article, I examine counterterrorism from the perspective of detention, interrogation and trial and in particular how these three are articulated and implemented. The broader question is whether the contemporary counterterrorism paradigm is based in due process or a legal (not necessarily lawful) regime that minimizes individual rights. That is, does civil, democratic society discard core principles in the face of an on-going, viable threat or are political rights and national security rights effectively balanced in order to protect both. Answering this question requires analyzing the interface between threats and rights; in particular, the extent to which society responds …