Terror and Law: German Responses to 9/11

In reaction to the 9/11 terror attacks the German Parliamentenacted a number of statutes under the auspices of the so-calledwar against terror. The repressive new legislation aims at enhancingsurveillance and control by police and intelligence agenciesby introducing, for example, new passports and ID-cards. Inorder to prevent attacks similar to those of 9/11, Parliamenteven established statutory authority to shoot down, using militaryforce, passenger planes being used as a weapon. At the sametime the Federal Public Prosecutor General has prosecuted anumber of persons as alleged supporters of the 9/11 pilots,and several others, as alleged Islamic terrorists. These forcefulreactions of both Parliament and the Public Prosecutor provedpremature and were overturned by Germany's highest courts. Thefight against terrorism has thus been shown to be bound by constitutionallaw and general principles of law; such special measures stillneed, ultimately to adhere to the rule of law.