Research Handbook on International Law and Terrorism
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Research Handbook on International Law and Terrorism

Edited by Ben Saul

This newly revised and updated second edition provides a comprehensive overview of international counter-terrorism law and practice. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field, including new topics for this edition such as foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism.
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Chapter 26: Terrorism prosecutions and the right to a fair trial

Clive Walker

Abstract

Unlike the US ‘war on terror’, most other jurisdictions have followed a policy of prosecution primacy. Whilst this criminal justice approach is welcomed as securing several ethical gains, criminal prosecutions are susceptible to manipulation of counter-terrorism crimes and processes. As for the formulation of crimes, there arise special precursor offences, reflecting precautionary demands for intervention against bad thoughts not yet reflected in bad deeds. The pressures on process include reduced opportunities to challenge and evidential manipulation. The first part of this chapter will explain and assess the persistence of the criminal justice paradigm. The second part will probe the extent to which terrorism prosecutions can remain true to due process standards. The third part will reflect upon implications to date and future trends.

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