ABSTRACT

The existence of terrorist activity is, perhaps, the greatest challenge to our system of legally embedded human rights and, more generally, liberal political governance. Governments faced with the threat of terrorist atrocities may, in addressing the needs of security, nonetheless enact measures that undermine personal liberty and restrict the human rights of citizens. Pantazis and Pemberton have detailed how the Islamic community in the UK has been the subject of more anti-terrorist measures than any other community; so much so they can be considered a 'suspect community'. The role of the International Criminal Court (ICC) has proved incapable of trying terrorists for crimes against humanity for a variety of reasons, mainly political, despite being able to do so since July 2002. The problem is complicated by a shift in rhetoric away from the language of armed states and conventional warfare towards a crime control and criminal justice management discourse.