ABSTRACT
This chapter examines the practice of judicial review of state secret privilege in counter-terrorism operations. Although the main focus of this study is on Italy, the comparative scenario is taken into consideration too, including cases adjudicated by supranational courts, namely the European Court of Human Rights (ECtHR), and other domestic jurisdictions, specifically US courts. The analysis sheds light on the judicial standards applied in state secrecy cases. The main claim is that domestic courts – with some relevant exceptions – frequently show excessive deference towards executive branches. As a result, basic principles of democracy are put under stress, and even the praiseworthy approach that supranational courts, such as the ECtHR, took in some decisions may not be enough to prevent future violations of human rights.
