Autor: László KŐHALMI

Publicat în: Journal Of Eastern European Criminal Law no. 1/2016

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Abstract: In determining the legal framework of the battle against terrorism, there are decisively two prevailing viewpoints that are excluding each other in principle. According to one, the phenomenon cannot be dealt with in the normal framework of constitutional democracy, and thus, it requires an exceptional legal order and the waging of war. The representatives of the other viewpoint claim the opposite. We need to insist on our moral judgment that the perpetrators of acts of terrorism are not belligerents, but criminals – although the motivation behind their acts is usually not the desire for profit, ruthlessness or something similar, that we usually connect to everyday crimes, but typically a political motivation of some kind. The aim of the policies against terrorism is to prevent terrorist attacks, defeat the terrorists and finally to eliminate terrorism. The primary system of instruments to prevent and overcome regional and international terrorism lies in a more democratic distribution of the authoritative, so the cultural, political and economic licenses and chances on a local, regional and international level.

Keywords: terrorism; human rights; torture