ICCT Research Paper: The Role of the Military in Securing Suspects and Evidence in the Prosecution of Terrorism Cases before Civilian Courts: Legal and Practical Challenges

Published 8 May 2015

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, working at the Netherlands Institute for International Relations ‘Clingendael’, and Dr. Christophe Paulussen, working at the Asser Institute, point out that past experiences, for instance from counter-piracy operations and evidence-based operations, may provide some guidance for future cases. 

 

You can download the Executive Summary here.


You can download the full Research Paper here.