Counterterrorism--like terrorism--is a reality. Nations have the absolute obligation and right to protect innocent civilians against those seeking to harm them. However, implementation of counterterrorism obligations must be tempered by due process. The essence of democracy is granting--and protecting--the civil and political rights of attacker and attacked alike. Failure to provide due process to individuals suspected of involvement in terrorism leads a society down a slippery slope from which there is no return.
Amos N. Guiora,
Due Process and Counterterrorism,
Emory Int'l L. Rev.
Available at: https://scholarlycommons.law.emory.edu/eilr/vol26/iss1/8