Publication

This paper questions the logic of generalized suspicion in indictment and detention procedures in the context of the war on terror. It seeks to understand the legal oscillation between resistance and deference to intelligence data in the judgment of terrorist acts. The author examines three cases of judicial abuse: the "Guildford Four" in Northern Ireland (1974), the judicial condemnation and constitutional ban of Batasuna, the Basque nationalist party in Spain (2002) and the Maher Arar case in Canada (2002).