TRIALS AND TRIBULATIONS: THE LEGAL BATTLE AGAINST TERRORISM
Jack Megat , Student, Department of Criminology, USM University, MalaysiaAbstract
"Trials and Tribulations: The Legal Battle Against Terrorism" examines the role of judicial proceedings in the ongoing fight against terrorism, focusing on how legal systems address and manage cases involving terrorist activities. This study provides a critical analysis of how trials contribute to counter-terrorism efforts by ensuring justice, deterring future attacks, and upholding human rights. By reviewing case studies from various jurisdictions, the research highlights the challenges faced by legal systems in balancing national security with due process, evidentiary standards, and the protection of civil liberties.
The study delves into the procedural and substantive aspects of terrorism trials, exploring issues such as the admissibility of evidence, the treatment of suspects, and the impact of anti-terrorism laws on the judicial process. It also examines the effectiveness of trials in preventing terrorism, including the role of sentencing, rehabilitation, and intelligence-sharing between judicial and security agencies. Key findings indicate that while trials are essential for upholding the rule of law and ensuring accountability, they also face significant challenges, including the risk of undermining civil liberties and the difficulty of securing convictions in complex cases.
By integrating insights from legal theory, case law, and empirical data, this research aims to provide a comprehensive understanding of how trials serve as a mechanism in the broader counter-terrorism strategy. The findings suggest that while trials play a crucial role in the legal battle against terrorism, their effectiveness is contingent upon a careful balance between security measures and the preservation of fundamental rights. This study contributes to the ongoing discourse on optimizing judicial approaches to terrorism, offering recommendations for enhancing the legal framework to better address the evolving nature of terrorist threats while safeguarding democratic values.
Keywords
Trials, terrorism, legal proceedings
References
International Criminal Court. Chambers, https://web.archive.org/web/20070718171951/http://w ww.icc-cpi.int/organs/chambers.html2 ( Date of visit:14/5/2015)
Rome Statute. Article 36, Retrieved 18 October,2013.http//legal.un..un.org/icc/statute/99_corr/ cstatute.htm
Ibid. Article 4, Accessed 18 October 2013
Ibid. Article 46. Retrieved 18 October 2013.
Trochev, Alexei. The Russian Fight against Terrorism: Case Studies from Dagestan. 02/06, Institute of Intergovernmental Relations, Queen’s University, Kingston, Canada. pp.7-10. ISSN 1863-0421 © 2006 by Forschungsstelle Osteuropa, Bremen and Center for Security Studies, Zürich.
Terrill, Richard J. (2009). World Criminal Justice Systems: A Survey (7 ed.). Elsevier. ISBN 978-1-59345- 612-2
Ibid.pp. 641-642.
Ibid. p. 642.
Shpither Shadmi, Lior. US jury began at first hearing evidence in the terror victims claim against the P.L.O, 18.01.2015 http://www.takdin.co.il/Pages/Article. aspx?artId=4850298 (Date of visit:14/5/2015)
Green, Stephen, "Ichihashi trial key test of legal reforms: Extensive media coverage could sway lay judges", Military Times, December 8, 2009, p. 12.
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