This chapter explores the subject through the prism of twenty-first century counter-terrorism law and practice. International organizations and courts have developed considerable experience over many decades in dealing with situations involving terrorism, armed conflict, and states of emergency. A rich body of legal rules and principles has developed in response to the interests and strategic goals of the various actors.

The materials raise important considerations about the distribution of interpretative and regulatory authority in times of public emergency. They also demonstrate the sweeping changes brought by the counterterrorism regime implemented after the terrorist attacks of 11 September 2001. Recurring questions include whether the proper balance is being struck between security and rights, and which rules and which institutions are best equipped to strike that balance. Some have argued that the challenge is not to achieve a balance but to manage co-dependency. ...