Journal Article

Terror and Law

Christoph J.M. Safferling

in Journal of International Criminal Justice

Volume 4, issue 5, pages 1152-1165
Published in print November 2006 | ISSN: 1478-1387
Published online November 2006 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mql073
Terror and Law

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In reaction to the 9/11 terror attacks the German Parliament enacted a number of statutes under the auspices of the so-called war against terror. The repressive new legislation aims at enhancing surveillance and control by police and intelligence agencies by introducing, for example, new passports and ID-cards. In order to prevent attacks similar to those of 9/11, Parliament even established statutory authority to shoot down, using military force, passenger planes being used as a weapon. At the same time the Federal Public Prosecutor General has prosecuted a number of persons as alleged supporters of the 9/11 pilots, and several others, as alleged Islamic terrorists. These forceful reactions of both Parliament and the Public Prosecutor proved premature and were overturned by Germany's highest courts. The fight against terrorism has thus been shown to be bound by constitutional law and general principles of law; such special measures still need, ultimately to adhere to the rule of law.

Journal Article.  5992 words. 

Subjects: Criminal Law ; International Law

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