Abstract

Although the violent action occurred increasingly in the world, the definition of terrorism has not come into consensus yet. In countering terrorism, human right protection for the terrorist suspects should also be guaranteed, for the “fair” trial and the minimum procedural guarantees are the basic element of the rule of law. Moreover, the terrorist suspects should be protected by the minimum standard of the fair trial even if before the military commission. Because the minimum due process guarantees for a fair trial may not be suspended even if the life of the nation is threatened, the procedural rights of the terrorist suspects should be regarded as non-derogable.

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