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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):1152-1165; doi:10.1093/jicj/mql073
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© Oxford University Press, 2006, All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org

IV. The Response to Terrorism in Some Western Countries

Terror and Law

German Responses to 9/11

Christoph J.M. Safferling*

* Visiting Professor of Law, Philipps-University, Marburg, Germany; Whitney R. Harris International Law Scholar, Robert H. Jackson Center, Jamestown, USA. [ christoph.safferling{at}staff.uni-marburg.de]


  Abstract

In reaction to the 9/11 terror attacks the German Parliament enacted a number of statutes under the auspices of the so-called war against terror. The repressive new legislation aims at enhancing surveillance and control by police and intelligence agencies by introducing, for example, new passports and ID-cards. In order to prevent attacks similar to those of 9/11, Parliament even established statutory authority to shoot down, using military force, passenger planes being used as a weapon. At the same time the Federal Public Prosecutor General has prosecuted a number of persons as alleged supporters of the 9/11 pilots, and several others, as alleged Islamic terrorists. These forceful reactions of both Parliament and the Public Prosecutor proved premature and were overturned by Germany's highest courts. The fight against terrorism has thus been shown to be bound by constitutional law and general principles of law; such special measures still need, ultimately to adhere to the rule of law.


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Home page
 Security DialogueHome page
G. Mythen and S. Walklate
Terrorism, Risk and International Security: The Perils of Asking 'What If?'
Security Dialogue, April 1, 2008; 39(2-3): 221 - 242.
[Abstract] [PDF]


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