This chapter provides a general introduction to the subject of terrorism and poses a series of important questions about how to define terrorism against a backdrop of contemporary fears in a risk-averse society. It begins by casting doubt on simple, typically narrow, definitions of terrorism, before then going on to deconstruct the climate of fear currently surrounding the majority of research in this area. The chapter looks at current counter-terrorism measures and recently invoked anti-terrorist legislation. It argues that, if governments continue to adopt a cavalier attitude towards civil liberties, they face the risk of playing into the very hands of those who promote and perpetrate political violence.
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Martin Innes and Michael Levi
This chapter examines how ideas and concepts derived from criminology can inform our understandings of terrorism and counter-terrorism in insightful and innovative ways. Terrorism is designed as communicative violence that seeks to work by sending messages intended to influence the views of a wider public. The analysis attends to how: terrorism has been constructed as a social and political problem in the contemporary era; the role that has been attributed to extremism and processes of radicalization; and, the extent these influence the framing and conduct of counter-terrorism responses. The particular perspective set out accents how terrorist campaigns and counter-terrorist responses routinely develop in interaction with each other.
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Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter examines terrorism and State violence. It addresses two key questions: Is terrorism criminal? What issues are raised by the responses of governments to their sharply heightened perception of terrorism as a significant threat? On the first question, it is argued that while most acts seen as terrorist can fall under, and be dealt with by normal criminal legislation, there are at least two large areas of complication and ambiguity. On the second question of the legislative responses aimed at controlling terrorism, the chapter focuses on the extent to which, both nationally and internationally, it becomes impossible for governments to avoid confronting the crucial issue of balance.
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Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting
Terrorism, as in the case of torture and aggression, is often treated as outside the ‘core crimes’ bracket of deserving international criminal adjudication. Many states believe that terrorism is better investigated and prosecuted at the state level by individual or joint enforcement and judicial action. This view is strengthened by the feeling that the concept of terrorism is still controversial at the international level because it is widely held that there is no agreement yet on what some states deem to be a necessary exception to the crime. This chapter examines the reasons why the traditional wisdom is that a generally agreed definition on terrorism as an international crime is lacking. It argues instead that many factors point to the existence of such agreed definition, at least for terrorism in time of peace. The legal ingredients of terrorism as an international crime are therefore analyzed.
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Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter first considers the definition of ‘terrorism’. It then turns to laws which the UK government has put in place to attempt to deal with this area, including proscription of organizations, modification of police powers, and various forms of restrictions on movement, including ‘control orders’ and their successors — terrorism prevention and investigation measures.
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This chapter outlines the future agenda for international human rights and provides an overview of some is-sues that are likely to characterize the evolution of international human rights in the future. These include non-State actors, including businesses.
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Alpa Parmar
This chapter examines how far the police are, and should be, allowed to infringe the freedom of the individual through arrest. It considers the legal rules that the police must follow when deciding to, and during, arrest, as well as their effectiveness in controlling the use of this power. This chapter considers the purpose of arrest and what reasons for arrest are lawful. The use of arrest in the context of suspected terrorism is explored, and ‘citizen arrest’ is also evaluated. Discussion about how the police use their discretion when exercising the power of arrest is situated in our understanding of police ‘working rules’. The chapter shows that arrest is used for many purposes, some more legitimate than others.
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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of la and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter considers the application of human rights in the special circumstances of the threat of terrorism and counter-terrorism measures taken in the UK. It considers the compatibility of the Terrorism Act 2000, and other subsequent measures, with human rights. This includes matters such as the definition of terrorism, police powers under the Act (such as random stop and search), and measures, such as TPIMs, to control terrorist suspects. The impact of these measures on the right to liberty and on private life are important themes. The chapter also considers the effect of such measures on the right to a fair hearing (in Articles 5 and 6). These special powers are often controversial giving rise, as they do, to important tensions between the rule of law and the duty on states to uphold the safety and security of the population.
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The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; make your answer stand out from the crowd.
This chapter covers due process, liberty, and security of the person, and the right to a fair trial, including articles 5, 6, and 7 of the ECHR and their application to matters such as prison discipline, police powers, and the fight against terrorism.
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Martin Scheinin
This chapter first addresses the question of whether terrorism constitutes a violation of human rights, or whether the notion of human rights violations can only be applied to action by states, and then considers challenges to the applicability of human rights law in the fight against terrorism, particularly since 9/11. It focuses on the notion of terrorism, and in particular the risks posed to human rights protection by vague or over-inclusive definitions of terrorism. The main section of the chapter deals with some of the major challenges posed by counter-terrorism measures to substantive human rights protections. It is argued that the unprecedented post-9/11 wave of counter-terrorism laws and measures that infringed upon human rights was a unique situation, and that governments and intergovernmental organizations are realizing that full compliance with human rights in the fight against terrorism is not only morally and legally correct but is also the most effective way of combating terrorism in the long term.
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Martin Scheinin
This chapter first addresses the question of whether terrorism constitutes a violation of human rights, or whether the notion of human rights violations can only be applied to action by states, and then considers challenges to the applicability of human rights law in the fight against terrorism, particularly since 9/11. It focuses on the notion of terrorism, and in particular the risks posed to human rights protection by vague or over-inclusive definitions of terrorism. The main section of the chapter deals with some of the major challenges posed by counter-terrorism measures to substantive human rights protections. It is argued that the unprecedented post-9/11 wave of counter-terrorism laws and measures that infringed upon human rights was a unique situation, and that governments and intergovernmental organizations are realizing that full compliance with human rights in the fight against terrorism is not only morally and legally correct but is also the most effective way of combating terrorism in the long term.
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This chapter examines the use of human rights in the domestic courts of the UK. The chapter is organized as follows. Section 2 considers the main features of the Human Rights Act 1998 (HRA). Section 3 looks at the issue of judicial deference to the executive and Parliament in human rights situations. Sections 4 and 5 examine two case studies. The first of these is the litigation brought by Shabina Begum challenging her school’s decision preventing her from wearing a jilbab to school. The second case study considers the litigation that followed the enactment of Pt IV of the Anti-terrorism, Crime, and Security Act 2001, and the challenges to control orders imposed under the Prevention of Terrorism Act 2005.
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This chapter explores aspects of the criminal law’s history. The main focus is the influence of religious—and, especially, biblical—thought on the criminal law. This influence does something to explain the law’s harsh attitude to theft and homosexuality, as well as to murder. Examination of efforts to codify the law is also included. This exploration is central to the analysis of how the past has shaped the criminal law’s values. However, the development of the law has not been one of continuous moral improvement. Old injustices have been replaced by new ones. In that regard, threats to civil liberties are also discussed in the final section, focusing on bureaucratic regulation, terrorism, and free speech.
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Simon Cottee
This chapter explores the relationship between crime and religion, focusing in particular on jihadist religious violence. It is concerned to explain why the relationship between religion and violence is so contested and how it has been understood or, in some cases, explained away. It also addresses the construction of religion in criminology as a ‘prosocial’ social control mechanism, and goes on to sketch out how criminology can engage more fully and fruitfully with religious-based violence.
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This chapter explores aspects of the criminal law’s history. The main focus is the influence of religious—and, especially, biblical—thought on the criminal law. This influence does something to explain the law’s harsh attitude to theft and homosexuality, as well as to murder. Examination of efforts to codify the law is also included. This exploration is central to the analysis of how the past has shaped the criminal law’s values. However, the development of the law has not been one of continuous moral improvement. Old injustices have been replaced by new ones. In that regard, threats to civil liberties are also discussed in the final section, focusing on bureaucratic regulation, terrorism, and free speech.
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Questions of criminal law and criminal justice are increasingly becoming international, overcoming the confines of traditional jurisdictional constraints. This chapter traces these developments in order to examine what relevance criminology has had and may hold for understanding contemporary global issues. It examines, among other things, the impact of global interconnectedness on the nature of state sovereignty, particularly in light of challenges such as international terrorism, irregular migration, and transnational organized crime. By doing so, the chapter does not simply chart a demise of the state, as is sometimes assumed within studies of globalization. Instead, it proposes a more subtle, analytical and imaginary disconnection between crime, penality, and the nation state. Finally, the chapter addresses the rise of international forms of justice, particularly those articulated through human rights regimes, as well as the emerging challenges to them.
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The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter describes issues relating to the Human Rights Act 1998. The questions presented here deal with issues such as the response to terrorism; the effect of the Human Rights Act 1998 on English law; whether the Human Rights Act 1998 should be replaced with a UK bill of rights; the Human Rights Act not changing parliamentary supremacy, but the courts being able to issue a declaration of incompatibility; and the effect of the Human Rights Act on individual rights.
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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter covers threats, harassment, administering poison, treason, and terrorism and torture, noting that updating the Offences against the Person Act (OAPA) is important for non-fatal violence. The offences in the OAPA include many inconsistencies, including the wounding or causing grievous bodily harm with intent, reckless infliction of grievous bodily harm or wounding, reckless assault occasioning actual bodily harm, and assault and battery now governed by Criminal Justice Act 1988. A common assault is the intentional or reckless causing of an apprehension of immediate unlawful personal violence. The new offences of racially aggravated assaults have been presented by the Crime and Disorder Act 1998. Many proposals for reform are needed in the Draft Criminal Code followed by Law Commission No. 218 Legislating the Criminal Code: Offences against the Person and General Principles.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on terrorism as a contested concept and the controversy surrounding its definition, along with the debate about the relationship between anti-terror law and human rights. It looks at the issue of compatibility between anti-terror law and human rights in the context of the rule of law and proportionality. The chapter also examines the European Court of Human Rights’ (ECtHR) interpretation of Article 3 of the European Convention on Human Rights (ECHR) as well as the conditions under which states can derogate from the ECHR. Finally, it considers anti-terror law in the UK and the challenges it has faced in the courts.
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The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; all making your answer stand out from the crowd. This chapter covers due process, liberty, and security of the person, and the right to a fair trial, including articles 5, 6, and 7 of the ECHR and their application to matters such as prison discipline, police powers, and the fight against terrorism.
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