ABSTRACT

Domestic and international terrorism, organized by groups and individuals who identify themselves with extreme interpretations of Islam, pose a serious threat to the security of Western democracies and the everyday safety of their citizens. Although the public generally supports special measures to prevent terrorism, a support which is partly a function of the official rhetoric on counter-terrorism, we find little consensus in legal and political circles on how these measures are to be planned and executed. The proponents of anti-terrorism policies argue that ‘these are not “normal” times’ and we live under extraordinary threats that can be met only by adopting exceptional (emergency) measures such as ‘the suspension of normal rights and protections’. 2 The opponents, on the other hand, object to the excessive and draconian character of counter-terrorism measures, which in their opinion is leading to a gradual erosion of the fundamental rights underpinning the Western democratic systems. 3 Others argue that ‘Western legal orders are not living in a time of emergency or terror’, even though our leaders try very hard to convince us otherwise. 4