Enemy Criminal Law and Islamist Terrorism: Insights from the US and Austrian Criminal Law

• In Event: Lightning Talk: Systemic Issues in Criminal Justice: Changing and Challenging Legal Landscapes

Abstract

Islamist terrorism has posed a significant challenge to global justice systems for many years. From a criminal law perspective, there are indications that terrorists are not treated as ordinary lawbreakers, but rather as enemies. This approach often results in constitutional principles being sidelined in favor of the more pressing goal of combating terrorism. Since the events of 9/11, the US has been dedicated to fighting Islamist terrorism through a 'war on terror'. Although the US judiciary and key policies have undergone numerous changes, they are still influenced by stereotypes of enemies. A similar trend has emerged in Europe since the declaration of a caliphate by the 'Islamic State' in 2014, and in Austria since a terrorist attack in 2020. Therefore, my doctoral thesis focuses on the question, whether an enemy criminal law is a causal reaction to the increasing danger of Islamist terrorism? Additionally, I am questioning whether the Austrian counter-terrorism legislature is becoming more similar to that of the United States. To answer these questions, I will conduct a thorough analysis of the evolution of terrorism offenses and national counter-terrorism strategies, using Günther Jakobs’ enemy criminal law as a premise.

Author

• Neomi Marhali, University of Vienna