Courts and Counter-Terrorism

DEBATE

In the context of counter-terrorism, what is the role and responsibility of courts, and constitutional courts in particular? In many respects, courts are the last line of defence in upholding the rule of law during times when it really matters, when society is put to the test. The Asser Institute’s symposium ‘Courts and Counter-Terrorism’ analyses important judgments and legislative developments in several countries, namely the Netherlands, the United Kingdom, Finland, Italy, Turkey, China, France, Germany and Spain.

16 March 2023

Devyani Prabhat

The Begum Case: Why Ministerial Discretion Precludes Human Rights Issues

In recent years, cancellation of British citizenship has become a high-profile issue. This is not least because of the case of Shamima Begum, who left the UK as a 15-year-old British schoolgirl for Syria in 2015. Upon being found in a camp in Syria four years ago, the Home Secretary removed her British citizenship soon thereafter, leaving her de facto stateless. After protracted litigation surrounding a number of preliminary issues, three weeks ago, Begum lost her appeal against the decision in front of the Special Immigration Appeals Commission’s (SIAC). The Commission’s refusal to allow her appeal is remarkable for the nearly unlimited degree of discretion it appears to grant the Home Secretary in cancellation cases, even where human rights are at stake.

11 May 2018

Laura Gómez Abeja

“Passive Indoctrination” as a Terrorist Offense in Spain – A Regression from Constitutional Rights?

Spanish counter-terrorist legislation was originally aimed at fighting local terrorism of a nationalist nature. In Spain, the phenomenon was so present during the constituent process that the Constitution itself included a provision that allows certain fundamental rights to be suspended for specific persons, “in relation to the investigations corresponding to the actions of armed bands or terrorist elements” (art. 55.2 EC –Spanish Constitution-).

Benjamin Rusteberg

The Case Law of the Bundesverfassungsgericht on Counterterrorist Measures

Ever since 9/11, a multitude of laws against terrorism have been adopted, both on the federal level and on the level of the Länder (which in Germany are mainly responsible for the police). The 2002 “Law on suppression of international terrorism” was only the first of many to follow: immediately after 9/11, the Federal Ministry of the Interior seized the opportunity to introduce counterterrorist measures that had been on its agenda for quite some time.

10 May 2018

Bérénice Boutin

Excesses of Counter-Terrorism and Constitutional Review in France: The Example of the Criminalisation of the Consultation of Websites

In the span of three years, France has adopted no […]

09 May 2018

Daniel Sprick

China’s Constitution and the People’s War on Terror

When HU Bo posted his tweet in July 2014, he […]

Margarite Zoeteweij

The State of Emergency, Non-Refoulement and the Turkish Constitutional Court

There is almost not a day that passes without terrorism […]

08 May 2018

Arianna Vedaschi

State Secrecy in Counterterrorism: Different Judicial Standards of Review – The Abu Omar Case before Italian Courts

State secrecy provides an interesting viewpoint on national and supranational […]

Martin Scheinin

Is Travel to Syrian Warfare a Terrorist Crime? The Finnish Case

On 24 January 2018, the Helsinki District Court of 24 January 2018 ruled on an alleged plan by three Muslim men, all Finnish nationals, to travel to Syria and join the ongoing armed conflict there. The prosecutor chose to base the charges on Section 2, Preparation of an offence to be committed with terrorist aim, under the construction that joining the armed opposition forces in Syria so as to engage in hostilities against the official army of the al-Assad regime, could have resulted in death or injury to members of the Syrian military forces.

07 May 2018

Christophe Paulussen

Courts and Counter-Terrorism: the Last Line of Defence?

Terrorism is all over the news these days but not […]

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