The events of 9-11 presented western democracies with a challenge and a test. The challenge: respond to terrorism either by military or diplomatic means (such as criminal apprehension and prosecution) to address national security needs and to protect civilian populations, infrastructure, and commerce. The test: meet the terrorist and national security challenges while simultaneously respecting international law, human rights, domestic constitutionalism, rule of law, and individual rights and liberties of both citizens and non-citizens. Unfortunately, the report card on both the challenge and test reveal a mixed record, especially in the United States. This Article examines regime responses to international terrorism, principally in the United States, in comparison to the European Union, and describes the consequences of the merger of criminal justice norms with national security imperatives.
Democracy on Trial: Terrorism, Crime, and National Security Policy in a Post 9-11 World, 38 Golden Gate U. L. Rev.