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Discussion Of Alternatives And Recommendation Of Solutions In The Global Common Interest

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Chapter Summary

Terrorism seems to be the single worst intruder into 21st century mankinds enjoyment of human rights and fundamental freedoms. It could very well also be considered the most notorious saboteur of the foundations of modern human rights law. This chapter offers some insights into these issues. It expresses the preference for a system of government that would best serve society's common interest in securing maximum access to all the human aspirations, within which security and liberty are equally important. As to the criminal prosecution and adjudication of suspected international terrorists, international tribunals have a strong initial attraction, since the Al Qaeda terrorist threat is directed against world order itself, not just the United States. The U.S. and other countries have worked to exclude terrorism as a crime from the jurisdiction of the ICC, so an important part of the jurisdiction ratione materiae is missing.

Keywords: criminal prosecution; human rights; international terrorists; security; terrorism; United States

10.1163/ej.9789004172388.i-520.32
/content/books/10.1163/ej.9789004172388.i-520.32
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