ABSTRACT
The paradigms most often employed in conceptualizing and legitimatizing counterterrorism campaigns—the paradigms of law enforcement and war among nations—are ill-suited to meet the contemporary realities of terrorism. 1 The considerable policy mistakes, misjudgments, and above all, morally flawed positions that are caused by the misapplication of these concepts, point to a need for a distinct normative and legal paradigm for dealing with transnational terrorism. This chapter focuses on the normative assumptions of such a paradigm, which have clear legal parallels. Further, this article seeks to develop this distinct paradigm by situating it in ongoing transnational moral dialogues 2 on the just and effective ways to counter terrorism. This distinct paradigm would benefit if it could be consolidated into a new Geneva Convention in the future.
