Terrorism and piracy show, at the same time, similarities and differences, which affect the instruments of counteract. While the concept of terrorism is a modern one, the concept of piracy is at the same time modern and antique, and therefore it has to be put into the proper context. Furthermore, while terrorism challenges sovereignty on the ground of values, piracy challenges sovereignty aiming at saving free land from State control. Again, though both of them force criminal law to turn into “criminal law of the enemy”, yet only the fight against terrorism implies the violation of fundamental rights, while modern piracy does not undermine offenders’ rights in criminal proceedings.
Il contrasto al terrorismo e alla pirateria / Roberto Bartoli. - In: JURA GENTIUM. - ISSN 1826-8269. - STAMPA. - (2018), pp. 92-108.
Il contrasto al terrorismo e alla pirateria
Roberto Bartoli
2018
Abstract
Terrorism and piracy show, at the same time, similarities and differences, which affect the instruments of counteract. While the concept of terrorism is a modern one, the concept of piracy is at the same time modern and antique, and therefore it has to be put into the proper context. Furthermore, while terrorism challenges sovereignty on the ground of values, piracy challenges sovereignty aiming at saving free land from State control. Again, though both of them force criminal law to turn into “criminal law of the enemy”, yet only the fight against terrorism implies the violation of fundamental rights, while modern piracy does not undermine offenders’ rights in criminal proceedings.I documenti in FLORE sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.