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Journal of International Criminal Justice Advance Access originally published online on December 15, 2006
Journal of International Criminal Justice 2006 4(5):1087-1103; doi:10.1093/jicj/mql059
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© Oxford University Press, 2006, All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org

III. Countering Terrorism on a Global Scale

Problems and Prospects of Implementing UN Action against Terrorism

Jean-Paul Laborde and Michael DeFeo*

* Chief of Terrorism Prevention Branch (TPB) at the United Nations Office on Drugs and Crime [ jean-paul.laborde{at}unodc.org]; Consultant at TPB. [ michael.defeo{at}unodc.org]


  Abstract

The article deals with two related problems in implementing United Nations action against terrorism: first, the ineffectiveness of deterrence when terrorism is motivated by beliefs powerful enough to provoke suicide attacks; second, the risk that the rule of law will be undermined if criminal justice measures do not prevent terrorism. A prospective common solution is to develop aggressive and effective preventive measures explicitly drawn from rule of law standards. A number of preventive strategies, as well as one evidentiary measure and one international cooperation development, are discussed. The goal to be achieved is the integration of human rights guaranteed by the rule of law into a preventive criminal justice strategy. When terrorist violence is prevented rather than merely punished, and human rights are protected, respect for the rule of law will be not merely safeguarded, but enhanced.


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