Security and Defence

Reports and papers

The role of the military in the prosecution of terrorism cases

07 May 2015 - 15:07
Source: Flickr / UK Ministry of Defence

The role of the military in securing suspects and evidence in the prosecution of terrorism cases before civilian courts: legal and practical challenges

Notwithstanding the fact that civil authorities are usually involved in the investigation and prosecution of terrorist crimes, reality on the ground often leads to a different situation. Indeed, the military may be called upon to carry out law enforcement activities when embedded in situations characterised by conflict, high risk level of threat and/or a lack of local civil capacity.

In this research paper, the role of the military when performing law enforcement activities in terms of collecting evidence and/or securing suspected terrorists is analysed. ICCT Research Fellows Dr. Bibi van Ginkel and Dr. Christophe Paulussen point out that past experiences, for instance from counter-piracy operations and evidence-based operations, may provide some guidance for future cases.

The full report can be read here.

An executive summary can be accessed here.