Assessing Damage, Urging Action Chapter Six: The impact of terrorism and counterterrorism on the criminal justice system 1. Introduction During the Hearings, a number of government representatives told the Panel that in their view modern international terrorism sometimes cannot be dealt with adequately within the ordinary criminal justice system. Officials held that criminal investigations and trials, with their detailed rules of procedure and evidence, are too slow and cumbersome. Whilst recognising the importance of the criminal justice system, several saw more merit in relying on new preventive measures (see Chapter Five), and argued that where prosecution is a possibility, special procedures and, in some countries, special courts, are needed. The Panel starts from the premise that all acts of terrorism are crimes (see Chapter One). Take away the terrorist label and these acts  – murder, hostage-taking, hijacking, and violence against civilians – are all very serious criminal offences under any legal system. If the criminal justice system is inadequate to the new challenges posed, it must be made adequate. In fact, it is a misconception that the law enforcement and criminal justice system is only or largely reactive. Conventional law enforcement work has a long history of tackling terrorist and other organised criminal networks and of conducting proactive investigations and prosecutions (including the use of informants) to prevent terrorist attacks before they are committed. At various Hearings, current and former prosecutors confirmed the preventive capacity of the criminal justice system, and practical examples abound of law enforcement interventions successfully preventing terrorist attacks. Of course, like all other crimes, a law enforcement model cannot tackle terrorism on its own; it must however be a key component within any counterterrorist programme. The criminal justice system has evolved over the generations to ensure that innocent people are allowed to go free, guilty people are properly punished for their crimes, and society can rely confidently on the rule of law to protect it against wrongdoing. The system needs to be resourced to perform its functions effectively; it must not be undermined, as is often the case in connection with terrorism. This chapter will look in turn at: • Criminal law (including definitions relating to terrorism and ancillary terrorism offences that affect free speech and freedom of association); • Procedural framework; 123