Autor: Francescadiletta BORTONE, Diego Di GIUSEPPE
Publicat în: Journal Of Eastern European Criminal Law no. 2/2018
Revistă disponibilă: aici.
Abstract: In this article we try to analyze various aspects relating to the topic of terrorism. We start by exploring the old form of terrorism, up to its modern form, transition within which some issues of particular relevance are highlighted: the evanescence of the subjects and targets involved with terrorist attacks; the transformation and extension of the object of interest to terrorism; the admixture between the political and religious nature of the attacks. In the same way, we try to show the change in the architecture of terrorist organizations. This global evolution of the phenomenon leads to feelings of insecurity and emergency on which new paradigms of power of the State and Law are founded. On that basis we focus on the possible collapse of the Rule of law which, with the justification to wage a war on terror and respond to the new security emergencies, turns into a State of Exception and Penal State, punitive and repressive, compressing the guaranteed legal and inalienable rights of each human being.
Keywords: Terrorism; Rule of Law; emergency; State of exception; criminal Law of the enemy.