ABSTRACT

This chapter maps out the grey area between the coercive violence of police and political criminals and that of the military and mass revolutionary movements. Embedded in this zone is a mass mobilization threshold for the controlled and a militarization or securitization threshold for the controller. The chapter looks at the relationship between political justice and political crime, state terrorism and insurgent terrorism, and counterinsurgency and insurrection. Zone E highlights the difficulty of clearly demarcating the purely criminal act from the ideologically based or politically motivated act, the lone actor from the group actor, the once-only attack from the systematic campaign, and the strategic use of terrorism from the tactical use of terrorism. Issues to be explored include: the politicization of criminal justice; the militarization of the police; the use of the military in peacetime; the use of military tribunals to try terrorist suspects; the prevalence of special anti-terrorist legislation post-9/11 and its impact on human rights; the use of special rules of evidence and regimes of imprisonment; the use of torture, abduction, rendition, and assassination in the fight against terrorism; and the blurring of the criminal justice and war models of counterterrorism.