The need to prevent – The wave of terrorist attacks that were carried out in Europe during the first two decades of the century, has abruptly brought the issue of terrorism to our doorstep. Terrorism has induced fear in the population and governments are trying to control the risk posed by terrorists, who are seen as ‘dangerous people’. The idea of risk management has shift ed the focus from repression to prevention.

Avoiding a large number of people suffering harm is the main reason why terrorist attacks should be prevented, which gives governments an imperative and even an obligation to prevent them. Under the European Convention of Human Rights (ECHR) states have a positive obligation to protect the right to life, to family life, and to a home to the people under their jurisdiction and to protect them against inhuman or degrading treatment and torture. Doing nothing to prevent terror attacks could therefore be a violation of human rights. However, states cannot blindly intervene and the European Court of Human Rights (ECtHR) has emphasised the need to ‘strike a fair balance between the defence of the institutions of democracy in the common interest and the protection of individual rights.’

4. Criminal law and administrative law – If there is a form of consensus on the fact that terrorism should be prevented, the answer to the question of how to effectively do so, is less straightforward. Even just defining terrorism has proven to be a difficult task for states and academics.