Review of Due Process and International Terrorism: An International Legal Analysis by Roza Pati

Abstract

This book review examines “Due Process and International Terrorism: An International Legal Analysis,” by Roza Pati. Professor Pati’s book, which surveys the international standards governing due process in criminal matters during times of emergency and applies them to the United States, is both a strong call for continued enforcement of core humanitarian and human rights protections as well as an acknowledgment of the extraordinary threat posed by terrorist activities. Although Professor Pati’s book is an important contribution to our understanding of the limits of due process, the review contends that its analysis might have gone even further. Admittedly, international law provides only minimum standards. Nonetheless, it is precisely in the grey areas beyond minimum standards where guidance is most needed. The review also considers what Professor Pati’s analysis of limits on rights in emergency might illustrate about the permissible limitations on rights during states of normalcy.

Keywords: due process, states of emergency, human rights, terrorism, derogation