Jump to ContentJump to Main Navigation
Human Rights and Non-discrimination in the 'War on Terror'$
Users without a subscription are not able to see the full content.

Daniel Moeckli

Print publication date: 2008

Print ISBN-13: 9780199239801

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199239801.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 November 2020

Trial of Foreign Terrorist Suspects

Trial of Foreign Terrorist Suspects

(p.128) 5 Trial of Foreign Terrorist Suspects
Human Rights and Non-discrimination in the 'War on Terror'

Moeckli Daniel

Oxford University Press

This chapter discusses the trial of alleged terrorists by special tribunals. It demonstrates that the right to equality before the courts — one of the most important aspects of the right to non-discrimination — protects foreign defendants from being treated differently on the basis of their nationality both in times of peace and armed conflict. The establishment of special tribunals that only have jurisdiction to try foreign terrorist suspects could therefore only be regarded as justified if it was supported by compelling reasons. Yet it is impossible to discern objective and reasonable grounds for subjecting foreign, but not domestic, terrorist suspects to a special trial system. Rather than being a suitable, and thus proportionate, means of protecting national security, the one-sided focus of such tribunal systems is motivated by political considerations and may have serious negative impacts on the legitimacy, and thus the effectiveness of anti-terrorism efforts.

Keywords:   special tribunals, military commissions, military courts, right to a fair trial, equality before the courts, foreign nationals

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .