Due Process and International Terrorism: An International Legal Analysis

This book is unique as it comprehensively analyzes the international guarantees of due process in criminal law ranging from arrest and detention to other pre-trial procedures to the trial itself and appeals, both in times of normalcy and in times of emergency, against the background of the “Global War on Terror.” Relevant jurisprudence of universal and regional human rights systems is complemented by pertinent customary international law, including humanitarian law, and pertinent guarantees in the hybrid systems of international criminal tribunals. These international due process norms are then compared with pertinent United States criminal procedure, both in times of peace and times of emergency, including the most recent treatment and adjudication of terrorist suspects in Guantánamo and beyond. The book ends with an appraisal of these past measures of counter-terrorism and recommendations regarding the proper balance to be struck between the due process interests of the accused and the security interests of the community.