Compatible or Incompatible? Intelligence and Human Rights in Terrorist Trials

Amsterdam Law Forum, Vol. 3, No. 4, pp. 3-16, 2011

14 Pages Posted: 24 Nov 2011

See all articles by Quirine Eijkman

Quirine Eijkman

Leiden University - School of Social Sciences, Centre for Terrorism and Counterterrorism (CTC)

Bibi van Ginkel

affiliation not provided to SSRN

Multiple version iconThere are 2 versions of this paper

Date Written: November 19, 2011

Abstract

This article focuses on the special criminal procedures for the use of intelligence in terrorist trials in Canada, France, the Netherlands and the United Kingdom. Since 9/11 and the terror attacks in London and Madrid, gathering intelligence as well as the prosecution of suspects of terrorist crimes have become strategic tools in countering terrorism. By reviewing the special procedures for the use of intelligence, their compatibility with human rights standards, including the right to fair trial, is discussed. Concerns include the extent to which disclosure is made possible and to whom. The differences in criminal procedures for the use of intelligence in terrorist trials also raises questions if intelligence origins from a third state, in which different regulations with regard to disclosure of information apply.

Suggested Citation

Eijkman, Quirine and van Ginkel, Bibi, Compatible or Incompatible? Intelligence and Human Rights in Terrorist Trials (November 19, 2011). Amsterdam Law Forum, Vol. 3, No. 4, pp. 3-16, 2011, Available at SSRN: https://ssrn.com/abstract=1964206

Quirine Eijkman (Contact Author)

Leiden University - School of Social Sciences, Centre for Terrorism and Counterterrorism (CTC) ( email )

Netherlands

HOME PAGE: http://www.campusdenhaag.nl/over/medewerkers/terrorism-counterterrorism/eijkman.html

Bibi Van Ginkel

affiliation not provided to SSRN ( email )

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