• Marianne F. H. Hirsch Ballin


Corresponding with measures and developments on the international plane, states have taken measures to confront terrorism effectively. These measures were inspired by the ‘preventive paradigm’ as the general focus of policy focused on achieving security. As a consequence of some of these measures, the ‘anticipative criminal investigation’ has emerged. Investigative powers are geared towards gathering as much information as possible on ‘dangerous persons’ in order to be able to anticipate future terrorist threats and to prosecute and punish terrorists. Under the rule of law, criminal justice systems shall be regulated on the basis of a synthesis between the negative duty of the state to refrain, as far as possible, from intermingling with individual liberties (the shield objective) and the positive duty to create a secure society in which persons are protected against violations of individual rights on behalf of other persons (the sword objective). This chapter explains why the realization of a system of anticipative criminal investigation needs to be assessed from the perspective of this understanding of a criminal justice system based upon a broad concept of the rule of law.


Criminal Justice System Security Council Human Dignity Terrorist Attack Criminal Investigation 
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Copyright information

© T.M.C. ASSER PRESS, The Hague, The Netherlands, and the authors 2012

Authors and Affiliations

  • Marianne F. H. Hirsch Ballin
    • 1
  1. 1.Pels Rijcken & Droogleever Fortuijn N.V.The HagueThe Netherlands

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