The contemporary advancement of proactive criminal law as an imperative instrument in the global fight against terrorism, has enabled an expansion in the Scope and application of pre-emptive surveillance measures on low grounds of suspicion, reflecting the State s objective to effectively manage potential risks to national security that have yet to materialize into criminal acts. Using Norway as a case study, this thesis seeks to substantiate the hypothesis that the contemporary application of pre-emptive counterterrorism measures are premised on a prediction of future national security threats that uses ethnicity and religion as proxies for risk in order to identify potential perpetrators. This raises the question of whether such practices constitute illegitimate differential treatment, contrary to the protection of the right to non-discrimination. The use of religion and ethnicity as proxies for risk arguably involves the designation of particular individuals with risky identities, thus making them more susceptible to pre-emptive surveillance. The thesis further argues that groups of individuals who share such personal characteristics have come to form suspect communities, as they are singled out as suspicious by the State. The disproportionate effects pre-emptive surveillance measures can have on these groups could be seen to indicate that they are being subjected to instances of indirect discrimination. Furthermore, membership in suspect communities may foster counterproductive consequences that restrain the State in its efforts to effectively counter processes of radicalization.