Controversial erosions of individual liberties in the name of anti-terrorism are ongoing in liberal democracies. The focus of this book is on the manner in which strategic discourse has been used to create accepted political narratives. It specifically links aspects of that discourse to problematic and evolving terrorism detention practices that happen outside of traditional criminal and wartime paradigms, with examples including the detentions at Guantanamo Bay and security certificates in Canada. This book suggests that biased political discourse has, in some respects, continued to fuel public misconceptions about terrorism, which have then led to problematic legal enactments, supported by those misconceptions. It introduces this idea by presenting current examples, such as some of the language used by US President Donald Trump regarding terrorism, and it argues that such language has supported questionable legal responses to terrorism. It then critiques political arguments that began after 9/11, many of which are still foundational as terrorism detention practices evolve. The focus is on language emanating from the US, and the book links this language to specific examples of changed detention practices from the US, Canada, and the UK. Terrorism is undoubtedly a real threat, but that does not mean that all perceptions of how to respond to terrorism are valid. As international terrorism continues to grow and to change, this book offers valuable insights into problems that have arisen from specific responses, with the objective of avoiding those problems going forward.
Author: Ben Saul
Publisher: Edward Elgar Publishing
Release Date: 2014-06-27
This Handbook brings together leading scholars and practitioners to examine the prolific body of international laws governing terrorism. It exhaustively covers the global response to terrorism in transnational criminal law, the international law on the
The events of 11 September and their aftermath have set governments and international law-making bodies a number of complex legal challenges in terms of responding to global terrorism whilst protecting people's fundamental rights and freedoms. In response to these challenges, the International Bar Association (IBA) established a Task Force on International Terrorism which has examined the problems of modern terrorism from the perspective of the rule of law and international law and practice. In this report, the Task Force analyses the impact of recent terrorist events on international law and the response by both individual states and the international community. It explores areas of law which need to be further developed and promotes the fundamental values underpinning the international legal system. The report suggests means by which the international community can co-operate to deter, prevent and bring to justice the perpetrators of terrorist acts.
Author: Andrew Lynch
Publisher: Federation Press
Release Date: 2007
Genre: Political Science
How can we ensure national security against people unafraid to kill themselves along with their victims - people who, self-evidently, will not be deterred by traditional laws which punish offenders after their crimes are committed. This is the challenge for liberal democracies such as Australia. New laws specifically designed to forestall terrorist activity have been a key response. Law and Liberty in the War on Terror describes these laws and debates both their effectiveness and impact on civil liberties. International and domestic commentators from the fields of government, law and political science address questions such as: How does the law define 'terrorism'? Can the criminal justice system accommodate preparatory terrorism offences? Is torture ever acceptable as an interrogative method? What is the role of the judiciary in times of emergency? How do Australia's anti-terrorism laws compare with those of the United Kingdom and New Zealand? How are Australian communities and politics affected by responses to terrorism?"[I] n this book, proponents of the new anti-terrorism laws seek to justify their provisions and opponents argue that the laws go too far. These chapters also show the extent of the changes that have been made to our legal and administrative structures. ... The chapters in this book cannot be dismissed as mere academic analyses. They have to do with the lives and aspirations of all Australians. They ask whether Australia is, and whether it will be, a united, secure, free and confident nation." - Sir Gerard Brennan AC KBE, former Chief Justice of Australia
Author: Genevieve Lennon
Release Date: 2015-07-16
In the years since 9/11, counter-terrorism law and policy has proliferated across the world. This handbook comprehensively surveys how the law has been deployed in all aspects of counter-terrorism. It provides an authoritative and critical analysis of counter-terrorism laws in domestic jurisdictions, taking a comparative approach to a range of jurisdictions, especially the UK, the US, Australia, Canada, and Europe. The contributions to the book are written by experts in the field of terrorism law and policy, allowing for discussion of a wide range of regulatory responses and strategies of governance. The book is divided into four parts, reflective of established counter-terrorism strategic approaches, and covers key themes such as: Policing and special powers, including surveillance Criminal offences and court processes Prevention of radicalisation and manifestations of extremism Protective/preparative security The penology of terrorism In addressing counter-terrorism laws across a broad range of topics and jurisdictions, the handbook will be of great interest and use to researchers, students and practitioners in criminal law, counter-terrorism, and security studies.
Author: Jimmy Gurulé
Publisher: Edward Elgar Publishing
Release Date: 2010-01-01
Genre: Political Science
Jimmy Gurulé knows how to bankrupt terrorists like few others do. As Undersecretary of the Treasury for Enforcement, he spearheaded the fight against al-Qaeda s global bank accounts, helping to earn the highest grade awarded on the 9/11 Commissioners report card. As an author, he performs once again. Unfunding Terror provides policymakers and laymen alike a clear roadmap on how to keep terrorists out of the global financial system. Timothy J. Roemer, Center for National Policy, former US Congressman and member of the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) Jimmy Gurulé has given us a superbly comprehensive and well-written assessment of why, regarding terrorism, Deep Throat s principle is bang on: follow the money. R. James Woolsey, venture partner, VantagePoint, and former Director of Central Intelligence, US A detailed study by a true scholar-practitioner, Unfunding Terror explains the legal response to terror finance in language accessible to both the expert and layman. Required reading. Matthew Levitt, Director, Stein Program on Counterterrorism and Intelligence, The Washington Institute for Near East Policy and former Deputy Assistant Secretary of the Treasury for Intelligence and Analysis, US Professor Gurulé is comprehensive: he describes the problem (terrorist funding by those in the free world), analyzes the legal responses (make it a crime, freeze terrorist assets, impose regulations on financial institutions), critiques the administration s and international community s efforts to unfund terrorists (political rhetoric, not in fact backed up with effective strategies or implementation), and outlines concrete legal and administrative remedies. Would that they to whom the recommendations are addressed act on them quickly. Too much is at stake to let terrorists, who condemn the West as corrupt, get their funding to attack the US and its allies from the West itself. That would be a form of social suicide. G. Robert Blakey, Notre Dame Law School, US The September 11, 2001 terrorist attacks that claimed the lives of 2,973 innocent civilians required as much as $500,000 to stage. At the time, al Qaeda was operating on an annual budget of between $30 and $50 million. However, despite the obvious fact that terrorists need money to terrorize, preventing the financing of terrorism was not a priority for the United States or the international community prior to 9/11. Jimmy Gurulé, former Under Secretary for Enforcement in the US Department of the Treasury, provides the first book-length, comprehensive analysis of the legal regime that evolved following the terrorist attacks. The book begins with a discussion of how shutting down the pipelines of funding is as important as dismantling the terrorist cells themselves. Next, the book covers the various means and methods used by terrorist groups to raise money, and examines how money is transferred globally to finance their lethal activities. The principal components of the legal strategy to disrupt the financing of terrorism are then discussed and evaluated. Unfortunately, the author concludes that the legal regime has met with mixed results, and finds that the sense of urgency to deprive terrorists of funding that existed following 9/11 has since dissipated. As a result, international efforts to freeze terrorist assets have dramatically declined. Moreover, the US Department of Justice has suffered several embarrassing and disappointing legal defeats in prosecuting major terrorist financiers. The author provides numerous recommendations to Congress, the Executive Branch, and the UN Security Council for strengthening the legal regime to deny terrorists the money needed to wage global jihad, acquire weapons of mass destruction, and launch another terrorist attack on the scale of 9/11. Unfunding Terror fills an important gap in the literature and will be essential reading for counter-terrorism experts, law enforcement and national se
Author: Ana Salinas de Frías
Publisher: Oxford University Press
Release Date: 2012-01-19
Government responses to terrorism can conflict with the protection of human rights and the rule of law. By comprehensively looking at all aspects of counter-terrorism measures from a comparative perspective, this book identifies best practices and makes clear recommendations for the future.
Author: Aniceto Masferrer
Publisher: Edward Elgar Publishing
Release Date: 2013-09-30
Genre: Political Science
ŠA deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more secu
Author: United States
Publisher: Brill - Nijhoff
Release Date: 2002
For the past four decades, the United States was victimized by both domestic and international terrorism. The September 11, 2001 brutal attacks were the most devastating terrorist acts ever recorded in history.The United States federal legal responses to the challenge of terrorism constitute a substantial and far ranging body of statutory law. The materials included in this volume are the most important laws that concern the threat of terrorism. Many of these laws are part of the general criminal and civil laws of the United States and apply to various forms of criminal and civil activity, including, but not limited, to terrorism.The book also incorporated the latest legislation, the U.S.A. Patriot Act of 2001, signed into law by President George W. Bush on October 26, 2001. Terrorism-related topics include aliens and nationality; armed forces; crimes and criminal procedure; aviation; biological and chemical weapons; foreign relations, antiterrorism assistance, diplomatic security, judiciary and judicial procedure; shipping; transportation; and war and national defense.
Author: Andrea Bianchi
Publisher: Hart Publishing
Release Date: 2004
This work comprehensively analyses the suitability of existing international legal tools to enforce rules prohibiting terrorism. Contributions from leading experts in international law examine questions relating to the proper role of international law in combating terrorism.
Author: Colin King
Release Date: 2018-05-04
Genre: Social Science
The Palgrave Handbook of Criminal and Terrorism Financing Law focuses on how criminal and terrorist assets pose significant and unrelenting threats to the integrity, security, and stability of contemporary societies. In response to the funds generated by or for organised crime and transnational terrorism, strategies have been elaborated at national, regional, and international levels for laws, organisations and procedures, and economic systems. Reflecting on these strands, this handbook brings together leading experts from different jurisdictions across Europe, America, Asia, and Africa and from different disciplines, including law, criminology, political science, international studies, and business. The authors examine the institutional and legal responses, set within the context of both policy and practice, with a view to critiquing these actions on the grounds of effective delivery and compliance with legality and rights. In addition, the book draws upon the experiences of the many senior practitioners and policy-makers who participated in the research project which was funded by a major Arts and Humanities Research Council grant. This comprehensive collection is a must-read for academics and practitioners alike with an interest in money laundering, terrorism financing, security, and international relations.