Fighting Terrorism Through Multilevel Criminal Legislation

This book highlights the criminal framework legislation developed by the UN Security Council and the EU in the aftermath of the terrorist attacks in the USA in 2001, and studies the implementation of these rules in six European legal orders. It contains a thorough analysis of the concept of terrorist offences, including complex issues such as actions by armed forces and resistance movements. It also explores the broad criminalisation of preparatory acts, including the participation in terrorist groups, and discusses the extended application of national law to offences committed abroad. More generally, the book sheds light on the interplay between global, regional and national regulation and contributes to a better understanding of national differences in the field of criminal law.

The Handbook of the Criminology of Terrorism features a collection of essays that represent the most recent criminological research relating to the origins and evolution of, along with responses to, terrorism, from a criminological perspective. Offers an authoritative overview of the latest criminological research into the causes of and responses to terrorism in today’s world Covers broad themes that include terrorism’s origins, theories, methodologies, types, relationship to other forms of crime, terrorism and the criminal justice system, ways to counter terrorism, and more Features original contributions from a group of international experts in the field Provides unique insights into the field through an exclusive focus on criminological conceptual frameworks and empirical studies that engage terrorism and responses to it

Rules are no longer merely made by states, but increasingly by international organizations and other international bodies. At the same time these rules do impact the daily life of citizens and companies as it has become increasingly difficult to draw dividing lines between international, EU and domestic law. This book introduces the notion of a ~multilevel regulationa (TM) as a way to study these normative processes and the interplay between different legal orders. It indicates that many rules in such areas as trade, financial cooperation, food safety, pharmaceuticals, security, terrorism, civil aviation, environmental protection or the internet find their origin in international cooperation. Apart from mapping multilevel regulation on the basis of a number of case studies, the book analyses its consequences in relation to forms of legal protection and legitimacy. In that respect it proposes an agenda for research to study how to cope with multilevel regulation. This work offers valuable resources for researchers involved in studying the interplay between international, European and domestic law. For practitioners it offers background information on the ways in which many international rules come into being.

This book derives from a conference entitled 'The impact of terrorism and skyjacking on the operations of the criminal justice system' held in February 1976 in Rochester, Michigan.

This new Understanding treatise provides a compact review of the three main approaches to combating terrorism: criminal proceedings, intelligence and prevention, and military action. The three modes of responses are not the same; each has benefits and limitations, and it will be difficult to find the proper balance among them. Understanding the Law of Terrorism contributes to the search for balance by providing the tools for analysis and application of each of the three modes of response. * With regard to law enforcement, it covers the requirements of conspiracy law, the principal statutes dealing with terrorism, designation of foreign terrorist organizations, and the crime of material support of terrorist activity or organizations. It also goes into the international law dealing with crimes against humanity which could be a source of enforcement principles for terrorism. * On the intelligence front, the book deals with the structure of the Intelligence Community, the operation of the Foreign Intelligence Surveillance Act (FISA), and the mechanics of the Classified Information Procedure Act (CIPA). * With regard to military response, the book summarizes the Law of Armed Conflict (LOAC), delves into military detentions, extraordinary renditions, and harsh interrogation or torture. Finally, the book concludes with a look at the law of emergency situations and the degree to which ordinary processes of law may be suspended in times of crisis, looking at both U.S. and foreign cases. Throughout the book, there are references to the law of other nations and international law. There is also an Appendix with the principal U.S. statutes, the major international conventions and treaties, and the relevant U.S. executive orders.

This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.

EU Counter-Terrorism Law: Pre-emption and the Rule of Law is a detailed study of EU action to combat terrorism since 11 September 2001 and the implications that action has had for the EU legal order. It critically examines EU counter-terrorism measures to ascertain how rule of law principles have been affected in the 'war on terror'. The book opens with a critical examination of the rule of law in the EU legal order. It then provides an overview of the “war on terror” before analysing five key facets of EU counter-terrorism: the common European definition of terrorism along with related offences contained in the Framework Decision on Combating Terrorism; the EU's anti-money laundering and counter-terrorist finance laws; UN and EU targeted asset-freezing sanctions; EU data retention measures such as the Data Retention Directive and the Passenger Name Records agreements; and the European Arrest Warrant and European Evidence Warrant. The book argues that EU counter-terrorism is weakening the rule of law and bypassing safeguards in favour of a system emphasising coercive control over individual autonomy. It concludes by examining the prospects for the future as the EU becomes a more powerful security actor following the Lisbon Treaty and the adoption of the Stockholm Programme. 'an impressively accurate and alarming analysis' Ms Sophia In 't Veld MEP and Vice-Chair of the European Parliament Committee on Civil Liberties, Justice and Home Affairs 2ND Prize winner of the Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship 2013

Articles cover Counterterrorism Measures via Internet Intermediaries: A First Amendment & National Security Dilemma, Targeting in the Cyber Domain: Legal Challenges Arising from the Application of the Principle of Distinction to Cyber Attacks, Legal Implications of Vulnerability Disclosure in International Conflict, Virtual Crimes, Actual Threats: Deterring National Security Offenses Committed Through Cyberspace. #cyberwarfare #cybersecurity #cyberspace

This book, a follow-up publication to the 2016 volume Foreign Fighters under International Law and Beyond, zooms in on the responses that the international community and individual States are implementing in response to (prospective and actual) returning foreign fighters (FFs) and their families, focusing on returnees from Syria and Iraq to European countries. As States and international organisations are still ‘learning by doing’, the role of the academic community is to help steer the process by bridging the divide between international standards and their implementation at the national level and between security concerns and human rights law. Furthermore, the academic community can and should assist in identifying ways forward that are both effective, sustainable and international law-compliant. Those are, ultimately, the goals that the present volume seeks to pursue. The observations, recommendations and warnings included in this book will be useful in future debates on (returning) FFs, both in the academic world and in the world of policy makers and practitioners, as well as to the public at large. Francesca Capone is Associate Professor of International Law at the Istituto DIRPOLIS of the Scuola Superiore Sant’Anna in Pisa, Italy. Christophe Paulussen is Senior Researcher International Law at the T.M.C. Asser Instituut in The Hague, The Netherlands. Rebecca Mignot-Mahdavi is Lecturer in International Law at the Manchester International Law Centre, University of Manchester, School of Law in Manchester, United Kingdom.