Contrasting Approaches to Terrorism:: >A Multi-National
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Law Research Paper Series Paper #002 2019
Law Research Paper Series Paper #002 2019 Terrorism and Transnational Law: Rules of Law Under Conditions of Globalisation Author: Dr Cian C. Murphy, Bristol Law School This paper is drawn from Zumbansen, ed, Oxford Handbook of Trasnational Law (forthcoming 2019). bristol.ac.uk/law/research/legal-research -papers ISSN 2515-897X The Bristol Law Research Paper Series publishes a broad range of legal scholarship in all subject areas from members of the University of Bristol Law School. All papers are published electronically, available for free, for download as pdf files. Copyright remains with the author(s). For any queries about the Series, please contact [email protected]. I. INTRODUCTION Since its first invocation, as a criticism of the French Revolution, the term ‘terrorism’ has been used to refer to threats to legal and political order. The Anglo-Irish political philosopher, Edmund Burke, said the French revolutionaries were ‘Hell-hounds called Terrorists’.1 The revolutionaries themselves wore the term with honour. Robespierre declared that terror is ‘nothing else than swift, severe, inflexible justice; it is therefore an emanation of virtue’.2 These two early uses of the term illustrate its role as a site of conflict about the legitimacy of political violence both by and against state order. And, at least until the end of the twentieth century, political violence – even terrorism – was seen as sometimes capable of justification. Today it is the pejorative meaning that has won out. The ‘-ist suggests a philosophy – but one which comes down to spilling guts and hacking off heads’ and so to be a terrorist is ‘to be accused of being cleaned out of ideas’.3 This, to an extent, is oxymoronic. -
Policing Terrorism
Policing Terrorism A Review of the Evidence Darren Thiel Policing Terrorism A Review of the Evidence Darren Thiel Policing Terrorism A Review of the Evidence Darren Thiel © 2009: The Police Foundation All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, without the prior permission of The Police Foundation. Any opinions, findings and conclusions or recommendations expressed in this publication are those of the author and do not necessarily reflect the views of the Police Foundation. Enquires concerning reproduction should be sent to The Police Foundation at the address below. ISBN: 0 947692 49 5 The Police Foundation First Floor Park Place 12 Lawn Lane London SW8 1UD Tel: 020 7582 3744 www.police-foundation.org.uk Acknowledgements This Review is indebted to the Barrow Cadbury Trust which provided the grant enabling the work to be conducted. The author also wishes to thank the academics, researchers, critics, police officers, security service officials, and civil servants who helped formulate the initial direction and content of this Review, and the staff at the Police Foundation for their help and support throughout. Thanks also to Tahir Abbas, David Bayley, Robert Beckley, Craig Denholm, Martin Innes and Bob Lambert for their insightful, constructive and supportive comments on various drafts of the Review. Any mistakes or inaccuracies are, of course, the author’s own. Darren Thiel, February 2009 Contents PAGE Executive Summary 1 Introduction 5 Chapter -
The Impact of Counter-Terrorism Measures on Muslim Communities
Equality and Human Rights Commission Research report 72 The impact of counter-terrorism measures on Muslim communities Tufyal Choudhury and Helen Fenwick Durham University The impact of counter-terrorism measures on Muslim communities Tufyal Choudhury and Helen Fenwick Durham University © Equality and Human Rights Commission 2011 First published Spring 2011 ISBN 978 1 84206 383 5 Equality and Human Rights Commission Research Report series The Equality and Human Rights Commission Research Report Series publishes research carried out for the Commission by commissioned researchers. The views expressed in this report are those of the authors and do not necessarily represent the views of the Commission. The Commission is publishing the report as a contribution to discussion and debate. Please contact the Research Team for further information about other Commission research reports, or visit our website: Research Team Equality and Human Rights Commission Arndale House The Arndale Centre Manchester M4 3AQ Email: [email protected] Telephone: 0161 829 8500 Website: www.equalityhumanrights.com If you require this publication in an alternative format, please contact the Communications Team to discuss your needs at: [email protected] Contents Tables i Acknowledgements ii Foreword iii Executive summary v 1. Introduction 1 1.1 Background 1 1.2 Methodology 2 1.3 Structure of this report 3 2. The community, security and policing context 5 2.1 The community context 5 2.2 The security context 9 2.3 The legal and policy context 13 2.4 The policing context 15 2.5 Summary 17 3. Ports and airports 18 3.1 Security measures 18 3.2 Schedule 7 19 3.3 Summary 28 4. -
Download Thepdf
Volume 59, Issue 5 Page 1395 Stanford Law Review KEEPING CONTROL OF TERRORISTS WITHOUT LOSING CONTROL OF CONSTITUTIONALISM Clive Walker © 2007 by the Board of Trustees of the Leland Stanford Junior University, from the Stanford Law Review at 59 STAN. L. REV. 1395 (2007). For information visit http://lawreview.stanford.edu. KEEPING CONTROL OF TERRORISTS WITHOUT LOSING CONTROL OF CONSTITUTIONALISM Clive Walker* INTRODUCTION: THE DYNAMICS OF COUNTER-TERRORISM POLICIES AND LAWS................................................................................................ 1395 I. CONTROL ORDERS ..................................................................................... 1403 A. Background to the Enactment of Control Orders............................... 1403 B. The Replacement System..................................................................... 1408 1. Control orders—outline................................................................ 1408 2. Control orders—contents and issuance........................................ 1411 3. Non-derogating control orders..................................................... 1416 4. Derogating control orders............................................................ 1424 5. Criminal prosecution.................................................................... 1429 6. Ancillary issues............................................................................. 1433 7. Review by Parliament and the Executive...................................... 1443 C. Judicial Review.................................................................................. -
A Comparative Research Study on Radical and Extremist (Hate) Speakers in European Member States
A Comparative Research Study on Radical and Extremist (Hate) Speakers in European Member States Authors: Dr. Ulad Belavusau, Dr. Berenice Boutin, Dr. Rumyana Grozdanova, Dr. Marloes van Noorloos, Dr. Christophe Paulussen Independent Quality Control: Professor Emeritus Clive Walker Editors: Dr. Rumyana Grozdanova, Maria Sperling Table of Contents Introduction ................................................................................................................................ 4 Section 1 – International Legal Obligations ................................................................................... 5 Section 2 – Regional Legal Obligations .......................................................................................... 7 1. Council of Europe – General Regime ....................................................................................... 7 2. European Court of Human Rights Jurisprudence .................................................................... 9 Section 3 – Country Case Studies ................................................................................................ 10 A. Belgium ...................................................................................................................... 10 1. Criminal Law Provisions ........................................................................................................ 10 2. Immigration Law Provisions .................................................................................................. 13 3. Administrative Law on Demonstrations -
The Terrorism Acts in 2015
THE TERRORISM ACTS IN 2015 REPORT OF THE INDEPENDENT REVIEWER ON THE OPERATION OF THE TERRORISM ACT 2000 AND PART 1 OF THE TERRORISM ACT 2006 by DAVID ANDERSON Q.C. Independent Reviewer of Terrorism Legislation DECEMBER 2016 THE TERRORISM ACTS IN 2015 REPORT OF THE INDEPENDENT REVIEWER ON THE OPERATION OF THE TERRORISM ACT 2000 AND PART 1 OF THE TERRORISM ACT 2006 by DAVID ANDERSON Q.C. Independent Reviewer of Terrorism Legislation Presented to Parliament pursuant to Section 36(5) of the Terrorism Act 2006 December 2016 © David Anderson 2016 The text of this document (this excludes, where present, the Royal Arms and all departmental or agency logos) may be reproduced free of charge in any format or medium provided that it is reproduced accurately and not in a misleading context. The material must be acknowledged as David Anderson copyright and the document title specified. Where third party material has been identified, permission from the respective copyright holder must be sought. Any enquiries regarding this publication should be sent to the Independent Reviewer at [email protected] or by post to David Anderson Q.C. at Brick Court Chambers, 7-8 Essex Street, London WC2R 3LD. This publication is available at http://terrorismlegislationreviewer.independent.gov.uk Print ISBN 9781474138871 Web ISBN 9781474138888 ID 14111609 12/16 Printed on paper containing 75% recycled fibre content minimum. Printed in the UK by the Williams Lea Group on behalf of the Controller of Her Majesty’s Stationery Office CONTENTS Page EXECUTIVE SUMMARY 2 1. INTRODUCTION 3 2. THREAT PICTURE 9 3. -
Domestic Terrorism in the United States Joe B
Walden University ScholarWorks Walden Dissertations and Doctoral Studies Walden Dissertations and Doctoral Studies Collection 2018 Domestic Terrorism in the United States Joe B. Williams Walden University Follow this and additional works at: https://scholarworks.waldenu.edu/dissertations Part of the Quantitative, Qualitative, Comparative, and Historical Methodologies Commons This Dissertation is brought to you for free and open access by the Walden Dissertations and Doctoral Studies Collection at ScholarWorks. It has been accepted for inclusion in Walden Dissertations and Doctoral Studies by an authorized administrator of ScholarWorks. For more information, please contact [email protected]. Walden University College of Social and Behavioral Sciences This is to certify that the doctoral dissertation by Joe Williams has been found to be complete and satisfactory in all respects, and that any and all revisions required by the review committee have been made. Review Committee Dr. Lori Demeter, Committee Chairperson, Public Policy and Administration Faculty Dr. Tamara Mouras, Committee Member, Public Policy and Administration Faculty Dr. Eliesh Lane, University Reviewer, Public Policy and Administration Faculty Chief Academic Officer Eric Riedel, Ph.D. Walden University 2018 Abstract Domestic Terrorism in the United States by Joe B. Williams MS, Kaplan University, 2010 BA, University of North Florida, 2008 Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy Public Policy and Administration Walden University May 2018 Abstract Lone wolf terrorism has received considerable media attention, yet this phenomenon has not been sufficiently examined in an academic study. National security officials must distinguish between terrorist activities carried out by lone wolves and those carried out by terrorist networks for effective intervention and potential prevention. -
COUNTER-TERRORISM POWERS: Reconciling Security and Liberty in an Open Society: a Discussion Paper
COUNTER-TERRORISM POWERS: Reconciling Security and Liberty in an Open Society: A Discussion Paper Presented to Parliament by the Secretary of State for the Home Department by Command of Her Majesty February 2004 Cm 6147£10.50 COUNTER-TERRORISM POWERS: Reconciling Security and Liberty in an Open Society: A Discussion Paper Presented to Parliament by the Secretary of State for the Home Department by Command of Her Majesty February 2004 Cm 6147£10.50 © Crown Copyright 2004 The text in this document (excluding the Royal Arms and departmental logos) may be reproduced free of charge in any format or medium providing that it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the document specified. Any enquiries relating to the copyright in this document should be addressed to The Licensing Division, HMSO, St Clements House, 2-16 Colegate, Norwich NR3 1BQ. Fax: 01603 723000 or e-mail: [email protected] FOREWORD BY THE HOME SECRETARY DAVID BLUNKETT “I see no prospect of a significant reduction in the tHreat posed to the UK and its interests from international terrorism over the next five years, and I fear for a considerable number of years thereafter.” (Eliza Manningham-Buller, Director General of the Security Service) There is nothing new about the dilemma of how best to ensure the security of a society, while protecting the individual rights of its citizens. Democratic governments Have always Had to strike a balance between the powers of the state and the rights of individuals. -
The Criminal Justice Response to Support Victims of Acts of Terrorism
The Criminal Justice Response to Support Victims of Acts of Terrorism UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna The Criminal Justice Response to Support Victims of Acts of Terrorism UNITED NATIONS New York, 2011 This publication is dedicated to the victims of terrorist acts worldwide. © United Nations, November 2011. All rights reserved. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. Information on uniform resource locators and links to Internet sites contained in the present publication are provided for the convenience of the reader and are correct at the time of issue. The United Nations takes no responsibility for the continued accuracy of that information or for the content of any external website. Publishing production: English, Publishing and Library Section, United Nations Office at Vienna. This publication has not been formally edited. “[Terrorism] can affect anyone, anywhere... It attacks humanity itself. And it is for the sake of humanity that we must create a global forum for your voice and listen to you, the victims. Your stories of how terrorism has affected your lives are our strongest argument why it can never be justified. By giving a human face to the painful consequences of terrorism, you help build a global culture against it. You are the real heroes in the global struggle against terrorism. -
A Comparative Study of Domestic Terrorism: an Empirical Evaluation of Security Responses by the United States and Great Britain
Rodriguez 1 A Comparative Study of Domestic Terrorism: An Empirical Evaluation of Security Responses by the United States and Great Britain April L. Rodriguez Spring 2014 INSS 5390 Rodriguez 2 Abstract September 11, 2001 has unquestionably changed the circumstance under which we view today’s security and policy. The people that died, the people that helped with the restoration, the policy that discussed future security all came together to take us back to the start and create an entire new principle of counter-terrorism. Similarly tragic and culturally shocking terrorist events happened in London in 2005. The United Kingdom looked at the situation and applied a different direction to policy change in order to serve its population. This article discusses policy change debated and/or implemented after 9/11 for both the United States and the United Kingdom. This paper will discuss and analyze such legislation such as: the Patriot Act (2001), the Homeland Security Act (2002), Enhanced Border Security and Visa Entry Reform Act (2002), and the Aviation and Transportation Security Act (2001) for the United States; the Terrorism Act (2000, 2006), and the Convention on the Prevention of Terrorism Act (2005) for the United Kingdom. Key Terms: September 11, 2001, United States, United Kingdom, Comparative analysis, Terrorism Legislation Introduction September 11, 2001, or "9/11," is a day whose events shook the entire world, leaving every single country on the face of the planet with the questions, how and why? The United States of America, one of the most powerful countries in the world, a superpower with one of the most technologically advanced militaries, saw thousands of its citizens murdered in an act unlike none before. -
Executive Summary: Leaving the War on Terror
Leaving the War on Terror A Progressive Alternative to Counter-Terrorism Policy AUTHORS: Ruth Blakeley, Ben Hayes, Nisha Kapoor, Arun Kundnani, Narzanin Massoumi, David Miller, Tom Mills, Rizwaan Sabir, Katy Sian and Waqas Tufail DESIGN: Karen Paalman Published by Transnational Institute - www.tni.org Amsterdam, July 2019 Contents of the report may be quoted or reproduced for non-commercial purposes, provided that the source of information is properly cited. TNI would appreciate receiving a copy or link of the text in which this document is used or cited. Please note that for some images the copyright may lie elsewhere and copyright conditions of those images should be based on the copyright terms of the original source. http://www.tni.org/copyright ACKNOWLEDGEMENTS The authors wish to thank Niamh Ni Bhriain of TNI for her valuable contributions. Executive summary Britain’s counter-terrorism policies do not work. They do not work for the British people, who wish to live free of terrorism. They do not work for the various communities in the UK whose experience of counter-terrorism has been one of stigmatisation and criminalisation. And they do not work for the people of the Middle East, South Asia and Africa, whose human rights have been systematically violated in the War on Terror. Just over two decades ago, the Irish and UK governments signed the Good Friday Agreement, the culmination of a negotiated peace process involving Republican and Loyalist armed groups in Northern Ireland. Principles of human rights, community consent and peace were key to achieving a dramatic reduction in lives lost to political violence. -
Strategy for Countering Terrorism
CONTEST The United Kingdom’s Strategy for Countering Terrorism June 2018 Cm 9608 CONTEST The United Kingdom’s Strategy for Countering Terrorism Presented to Parliament by the Secretary of State for the Home Department by Command of Her Majesty June 2018 Cm 9608 © Crown copyright 2018 This publication is licensed under the terms Any enquiries regarding this publication of the Open Government Licence v3.0 except should be sent to us at where otherwise stated. To view this licence, [email protected] visit nationalarchives.gov.uk/doc/open- government-licence/version/3 ISBN 978-1-5286-0209-9 CCS0218929798 06/18 Where we have identified any third party copyright information you will need to obtain Printed on paper containing 75% recycled permission from the copyright holders fibre content minimum concerned. Printed in the UK by the APS Group on This publication is available at behalf of the Controller of Her Majesty’s www.gov.uk/government/publications Stationery Office 1 Contents Foreword by the Prime Minister 3 Foreword by the Home Secretary 5 Executive Summary 7 Introduction 13 Part 1: Strategic context 15 The threat from terrorism 15 Strategic factors 23 Part 2: Our Response 25 CONTEST: the UK’s response to terrorism 25 Prevent 31 Pursue 43 Protect 53 Prepare 63 Overseas 70 Cross-cutting responses 78 Part 3: Implementation 83 Governance and oversight 83 Funding 86 Performance 87 Annex: Roles and responsibilities 89 2 CONTEST: The United Kingdom’s Strategy for Countering Terrorism Foreword by the Prime Minister 3 Foreword by the Prime Minister Last year’s horrific attacks on London and Manchester served as a stark reminder of the continued threat that terrorism poses, both to our people and to our way of life.