Dilemele justiþiei în lupta împotriva terorismului
Judicial Dilemmas in the Fight against Terrorism

Summary/Abstract: The trial of anyone already labeled a terrorist cannot, by definition, be fair. But the first casualty of war is always logic. Here come the dilemmas on the international human rights domain related to the terrorist phenomenon. Individual criminal responsibility is new and its exponents must be given time to sort themselves out. A good job is being done so far with the jurisprudence but much less so with court management and procedure. This article does not show that fair trials for state terrorists are impossible, but rather that international justice is in its very early stages. Milosevic’s trial or Saddam Hussein’s trial, even so different by nature, are parts of a learning process and we have to admit that in the case of non-cooperative defendants fairness has its limits – or rather must be balanced by fairness to the victims of the alleged crimes who have rights as well, and by the imperative of upholding the rule of law.

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