Problems and Prospects of Implementing UN Action against Terrorism

Counter-Terrorism Law and Practice: An International Handbook

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Page 1 1 of 1 DOCUMENT © Oxford University Press 2006 Journal of International Criminal Justice 1 November 2006 ICJ 4 5 (1087) LENGTH: 7427 words TOPIC: CRIMINAL LAW TITLE: Problems and Prospects of Implementing UN Ac- tion against Terrorism AUTHOR: Jean-Paul Laborde Michael DeFeo Chief of Terrorism Prevention Branch (TPB) at the United Nations Office on Drugs and Crime [jean- paul. laborde@ unodc.org]; Consultant at TPB. [mi- [email protected]] SUMMARY: Abstract The article deals with two related problems in implementing United Nations action against terrorism: first, the ineffectiveness of deterrence when terrorism is motivated by beliefs powerful enough to pro- voke suicide attacks; second, the risk that the rule of law will be un- dermined if criminal justice measures do not prevent terrorism. A pro- spective common solution is to develop aggressive and effective preven- tive measures explicitly drawn from rule of law standards. A number of preventive strategies, as well as one evidentiary measure and one inter- national cooperation development, are discussed. The goal to be achieved is the integration of human rights guaranteed by the rule of law into a preventive criminal justice strategy. When terrorist violence is pre- vented rather than merely punished, and human rights are protected, re- spect for the rule of law will be not merely safeguarded, but enhanced. LEGISLATION REFERRED TO: ICCPR TEXT: 1. Introduction This article deals with two problems in implementing United Nations (UN) action against terrorism and the prospect of one common solution. n1 One problem arises from the fact that continued respect for a criminal justice system requires that it be able to prevent violent terrorism, not merely punishes surviving terrorists after an attack. Experience has dem- onstrated the ineffectiveness of legal deterrents when terrorism is moti- vated by beliefs powerful enough to provoke suicide attacks. The failure of deterrent measures encourages the resort to force outside the protec- tions of the criminal justice system, and leads to the second problem
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Page 2 © Oxford University Press 2006 ICJ 4 5 (1087) within the scope of this article - the risk that the rule of law and hu- man rights guarantees will not be faithfully observed in actions against terrorism, including in implementation of UN anti-terrorism instruments. The prospect to be examined as a common solution to both the problems is the development of criminal justice preventive measures that do not merely comply with, but are actually drawn from, rule of law standards. A preventive strategy cannot properly be based only upon anti- terrorism instruments. Its research and drafting must proceed with con- stant reference to, and rigorous observance of, human rights texts. Those texts do not merely define improper actions. They are a rich source of positive guidance and authority for preventive action. An approach inte- grating rule of law values into a pro-active criminal justice framework
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Problems and Prospects of Implementing UN Action against Terrorism

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