Combating Terrorism at the Expense of Innocent People. A Criminal Law Perspective

Nowadays terrorism is becoming an increasing world-wide problem. To prevent and combat terrorist activities various national and international measures are implemented, however thereby often innocent people are killed or suffer infringements of their legal interests. This article deals with the question of how far counterterrorism can go and if even the sacrifice of innocent civilians is accepted, if the struggle against terrorism requires this. Since 9/11 the topic of shooting down a hijacked passenger aircraft that threatens to crash into a building on the ground, has caused heated discussions. Is it lawful and therefore allowed to kill innocent in order to save others? Or shall the perpetrator be excused and therefore exempt from punishment? This article shows the legal situation as well as the current opinions in Germany and Austria and aims to make a contribution to the solution of this legal problem.