a network of constitutionalists from countries throughout the world
Over the coming days, we will be featuring each of the 20 workshops in the 10th IACL World Congress 2018 on “VIOLENT CONFLICTS, PEACE-BUILDING AND CONSTITUTIONAL LAW”, being held in Seoul, Republic of Korea on 18-22 June 2018. Full details are on the congress website, in English and French, along with information on how to submit a paper. Papers may be in either French or English.
WORKSHOP #5 Constitutional Responses to Terrorism
More than a decade and a half after 9/11 and the rapid creation of new anti-terrorism policies, some legal tools used to fight terrorism have moved on to new uses. The workshop will focus on the use of anti-terrorism powers for purposes other than fighting the forms of terrorism that provided the rationales for anti-terrorism policies when they were first created.
Some of these new uses of anti-terrorism tools create beneficial effects: anti-terrorism powers have aided fights against organized crime, trafficking and money laundering outside the terrorism context. Other effects can be pernicious: political opposition groups and critical journalists can be harassed under broadly worded anti-terrorism laws; special police and courts set up to fight terrorism can be used for consolidating political power in the hands of autocratic governments; constitutional exceptions have become constitutional norms.
Some of the “drift” in the uses of anti-terrorism policies can be seen in the use of old laws to fight new groups. Some groups targeted by anti-terrorism laws are the logical successor groups to the groups originally targeted; laws created to fight al Qaeda are now being used to fight ISIS. But other groups targeted by anti-terrorism laws are not so directly related; laws targeting radical Islamic groups may be deployed to fight far-right nationalist groups or simply any group in political opposition.
The workshop will explore the drift in purposes and targets of anti-terrorism laws in the years since they were first enacted. Consistent with the ethos of the Research Group on “Constitutional responses to terrorism,” the chairs of the workshop welcome and encourage contributions that embrace a comparative, transnational or supranational perspective on the topic of national security and constitutional law as well as contributions that interpret the theme in a variety of different ways.