Anti-terrorism Legislation Research Articles

Countering Terrorism in Iraq: Law and Practice

After several years of fighting the international terrorist organization «Islamic State», the anti-terrorist coalitions headed by the Russian Federation and the USA managed to tip the scale in their favor in 2017. There is extensive research on how different countries counteract this most well-known of all modern international terrorist organizations. However, as Western criminologists note (Alex Braithwaite, Shane D. Johnson), there are very few empirical works that study the causes of decline and growth of terrorist activities as well as the emergence and disappearance of hot spots in Iraq itself during the American military campaign. On the whole, the overview of publications has revealed (Gary LaFree, Joshua D. Freilich) that out of over than 20 thousand articles on terrorism published between 1971 and 2004, only seven were devoted to empirical (criminological) research, while others dealt with the psychology of terrorism. The situation started to change in recent years and a large number of empirical (criminological and criminal law) studies of terrorism has been published, which is connected with the growing financial support of such research by national research foundations and state departments (for example, the Department of Homeland Security and the Department of Defense in the USA). Thus, about 100 books devoted to such studies have been annually published in the USA in the last decade. As for Russian criminal law policy, this article is one of the few devoted to countering terrorism in the motherland of «Islamic State» – in Iraq. The authors analyze Iraqi anti-terrorism legislation, in particular, Law № 13 of 2005, draw attention to an excessively wide definition of terrorism that it contains, conclude that its clause of analogy is incompatible with the principle of legality and argue that this normative act is one of the most drastic anti-terrorism laws in the world. The authors believe that an important direction in fighting terrorism is the decision of Iraqi authorities to establish a special tribunal for terrorist crimes, such as genocide against the Yazidis, and criminal prosecution of perpetrators who are outside Iraq, including those in Russian territory. They prove that the terrorist crimes against «infidels», qualified by many specialists and international organizations as crimes against peace and humanity, should mainly be the subject of proceedings in an independent court body of the international community.

National Courts Step Up: Syrian Cases Proceeding in Domestic Courts

Historically, what we today call international criminal law was primarily adjudicated before domestic courts. This chapter discusses the jurisdictional bases for prosecuting international crimes with reference to a survey of cases proceeding in foreign courts and involving events in Syria. When it comes to crimes committed during the Syrian conflict, domestic courts have emerged as fertile grounds for justice given the failure of the International Criminal Court referral effort, the lack of multilateral support for a hybrid or ad hoc tribunal devoted to Syria, and the perceived legal impediments to building international justice institutions outside the Security Council. A number of domestic trials involving events and actors in Syria are underway on the basis of diverse principles of jurisdiction and featuring a range of criminal charges and fact patterns. These cases fall into two general buckets. One set of cases involves foreign fighters who have returned home to face charges under anti-terrorism legislation or laws criminalizing their participation in foreign wars. A second subset of cases involves individuals who stand accused of committing international crimes stricto sensu. These latter cases are enabled by the incorporation of international criminal law into domestic penal codes, a global legislative trend occasioned in part by the ratification of the Rome Statute (even though that treaty technically does not require domestic incorporation of ICC crimes). Facilitating these cases is the proliferation of special prosecutorial units dedicated to investigating international crimes; global mutual legal assistance arrangements; the formation of joint investigative teams focused on the prosecution of transnational crimes; training programs dedicated to investigating international crimes; and Europe-wide institutions such as EUROPOL, the European Arrest Warrant (EAW), and the Eurojust Genocide Network. This jurisprudential survey yields a number of interesting observations. First, the cases skew towards terrorism, as opposed to atrocity, charges. Given the broad reach of material support for terrorism statutes, these crimes are easier to prove with available evidence and also respond to sovereign national security priorities. Second, most of the existing indictments involve single incidents (rather than large operations or systemic abuses). To the extent that war crimes charges are forthcoming, they tend to involve relatively minor charges, often for lack of evidence of more serious crimes that are implied by the proof at hand. Third, from the perspective of trends in the defendants involved, most indictments tend to focus on low-level perpetrators, rather than the architects of violence or those most responsible. Fourth, and also troubling, is that the vast majority of cases that have moved forward have targeted members of opposition groups — including ISIL members — rather than Syrian government personnel. Senior figures, and regime actors, have simply not traveled to Europe or elsewhere that these cases are being pursued. As a result, investigations against Syrian government perpetrators have remained aspirational works in progress. That said, national authorities are increasingly organizing structural investigations on the conflict and its various armed groups, which allow them to move quickly against particular individuals as soon as they are within reach. Fifth, as is apparent from the available evidentiary records, many of these cases are benefiting from the sophisticated documentation work of non-governmental organizations that are sharing their holdings with national authorities. Sixth, and finally, the testimony of asylum-seekers and others who have sought refuge in the prosecuting state has proven crucial, attesting to the importance of prosecutorial authorities building trust and genuine connections with Syrian diaspora communities. All told, while important, these domestic proceedings remain episodic and opportunistic. Given the investigatory and prosecutorial realities, the cases in the aggregate are not representative of the full scope of the international crimes being committed in Syria. Although these results are disappointing if the goal is comprehensive accountability, these cases are establishing important legal precedents, providing domestic authorities with valuable experience prosecuting international crimes, offering a measure of justice to victims, and punishing individuals accused of horrific acts. In addition to putting a dent in impunity and denying safe haven to perpetrators, cases in foreign courts promote stability by preventing victims and victim groups from taking justice into their own hands in their places of refuge. Even singular cases can be highly salient and can exert a multiplier effect, signaling that justice is possible and helping advocates overcome political resistance elsewhere. When situated against the obstacles to exercising international jurisdiction, these results should be celebrated, since domestic courts have emerged as the only potential forum to administer justice for Syria to date.

Legal Regulation of the Fight Against Terrorism within the EU

At present, the problem of terrorism has ceased to be a predominantly external threat to the EU. At the beginning of the 21st century, the geography of terrorist attacks has expanded and increased significantly in frequency. In this regard, the fight against terrorism has taken a special place in the EU policy. Despite the limited powers in the field of law enforcement, many efforts are being made at the EU level to develop a mechanism to counter terrorist activities. Anti-terrorism policy includes a variety of means, among which are special legal measures, the development of which was carried out exclusively or primarily for the purpose of combating terrorism. The present work aims to study the special legal tools for combating terrorism that form the EU anti-terrorist legislation. Anti-terrorism legislation is a central component in the system of measures to prevent terrorism in the EU, it does not replace the relevant provisions of the national law of the EU. Its task is to develop common standards for combating terrorism, as well as to ensure the uniform application of international legal means of counter-terrorism in the EU. The EU anti-terrorism legislation consists of two key components: measures to harmonize criminal and criminal procedures, as well as measures to combat the financing of terrorism. Both directions have been developed in line with the implementation of international standards to combat terrorism, which, in turn, were the result of the reaction of the international community to the strengthening of terrorism in the West. The main impetus for the development of EU anti-terrorist legislation should be the events of September 11, 2001 and the strengthening of terrorist activity in 2015-2016 in the EU.

Temel Hakların Durdurulması

<span style="color: rgb(0, 0, 0);">1. Problem. 2. Ordinary emergency. 3. Niccolo Macchiavelli: “Power must be maintained despite everything.” 4. Carl Schmitt: Sovereign is who decides on the exception 5. Nowadays valid old conception of emergency. 6. Rome: Constitutional dictatorship in time of emergency. 7. International emergency law standarts. 8. Some problems of incompatibility in Turkish emergency rules. 9. Anti-terrorism Legislation. 10. ECHR Case of Güler and Uğur vs. Turkey. 11. French Constitutional Council decision of Amadou. 12. Jurisdictional immunity of Emergency Decrees. 13. Emergency powers in normal time. 14. Could apply to ECHR or not? 15. Instead of conclusion, “what must be done”? 16. Constitutional Court’s comment on emergency. 17. Criticism of Constitutional Court. 18. Nurullah Efe and Halkın Kurtuluş Partisi Individual Application Decision (7.6.2017). 19. ECHR’s inadmissibility decision on Cumhuriyet Halk Partisi (CHP) application. 20. Penal tribunals’ Backlash against Constitutional Court’s decisions.</span>

O TERRORISMO DE BAIXO CUSTO OU A AMEAÇA INVISÍVEL: O TERRORISMO E AS POLÍTICAS BRASILEIRAS DE ANTITERRORISMO

We propose to study a tactical change into the violent political action of terrorist attacks: in addition to the car bombs and the attacks on public spaces performed by organized terrorist cells, attacks can growingly be pursued at a lower organizational and material cost. We propose to define such attacks as “low cost terrorism”, referring to recent events (Paris, London, Brussels, and Barcelona). Aside from the theoretical discussion and characterization of terrorism as a macrosecuritization process, we discuss Brazil’s anti-terrorist legislation in this context and highlight inconsistencies and inadequacies of the country’s to address the phenomena of terrorism, especially when referring to “low cost terrorism”.

Incommunicado detention and torture in Spain, Part I: The Istanbul Protocol Project in the Basque Country

There is increasing evidence to show that torture is a serious problem in the Basque Country. Whilst such evidence can be found in reports of international human rights monitoring bodies, sentences of Spanish and international courts, and empirical studies, they are limited in not having followed the Istanbul Protocol (IP) in order to evaluate the reliability of torture. A working group composed of professional associations of psychiatrists, psychologists, physicians and lawyers, in collaboration with the University of the Basque Country, conducted a four-year study on the medical and psychological consequences of torture in incommunicado detainees, including an assessment of credibility in line with the IP. The methodological design included a multi-level peerreviewed blind assessment and input by an external expert (from the Independent Forensic Expert Group facilitated by International Rehabilitation Council for Torture Victims (IRCT)). A sample of 45 Basque people held in short-term incommunicado detention under anti-terrorist legislation (between 1980 and 2012) in Spain who had reported ill-treatment or torture was selected. The findings are divided into four papers: the present introductory paper; the second analyses the credibility of the allegations of torture and introduces an innovative methodology that enhances the IP, the Standardized Evaluation Form (SEC); the third provides an analysis of the methods of torture and introduces the concept of Torturing Environments; and, in the last paper, the psychological and psychiatric consequences of incommunicado detention are analyzed. The collection of papers are intended to be useful not only in the documentation of torture in the Basque Country and Spain, but also as an innovative example of how the IP can be used for research purposes.

Criminalization of extremism in Ukraine

Статтю присвячено проблемі визначення доцільності криміналізації екстремізму в Україні. В кримінальних кодексах ряду зарубіжних країн передбачена кримінальна відповідальність за екстремізм в різних формах: створення ектремістського формування; фінансування діяльності екстремістського формування; розповсюдження матеріалів, які містять ідеї релігійного екстремізму, сепаратизму і фундаменталізму; створення, керівництво, участь в релігійних екстремістських, сепаратистських, фундаменталістських або інших заборонених організаціях тощо. З огляду на сучасні випадки проявів крайнього екстремізму, автор вважає доцільним введення в Україні кримінальної відповідальності за створення та фінансування діяльності екстремістських організацій (угруповань).

Police Unions and the Politics of Democratic Security and Order in Postcolonial India

State attempts to ensure a secure liberal democratic order through legal regulation and enforcement may work to prevent harm, provide public resources, or realize civic and human rights. Such attempts may also increase generalized risk of harm, reinscribe social inequality, circumscribe citizenship or instigate mass protest. These contradictory forces and relations, and their conditions of possibility—what we may call broadly the “politics of democratic security and order”—tend to be analyzed through the lens of government impositions on, and opposition to, the general public, for example focusing on how anti-terrorism legislation violates peoples’ civil liberties. This article addresses the politics of democratic security and order from a different and under-theorized angle that troubles the assumed opposition between a powerful state apparatus and subjugated citizens’ rights: namely, special restrictions placed on the rights of security enforcement agents themselves. Through ethnographic and archival research in India on attempts to form police unions—which are legally banned by a parliamentary act, yet politically active in many states of the country routinely touted as “the world’s largest democracy”—I demonstrate how conflicts related to these organizations may create new possibilities for mass politics, state-society alignments, and legal advocacy for civic and human rights, even as extant laws, regulations and, perhaps most importantly, public discourses around security and police discipline place extraordinary constraints on the political subjectivity of state security actors.

ПРОТИВОДЕЙСТВИЕ ТЕРРОРИЗМУ: ПОЛИТИКА И ПРАВО

The article examines the state and prospects of the state policy of countering terrorism. It was concluded that certain decisions taken by the state authorities in the field of combating terrorism are belated. In particular, this concerns the recognition as terrorist and the prohibition of the organization Islamic of Iraq and the Levant (now known as the Islamic State) in the territory of Russia. In order to inform the public about the crimes committed by terrorists against the civilian population, the Duma of the Federal Assembly of the Russian Federation, following the example of the parliaments of a number of foreign states, is urged to recognize and condemn the genocide of the ethnoconfessional group of Yezidis of Iraq committed by the international terrorist organization Islamic State (IS). The Report of the UN Special Commission for Investigation in Syria contains a similar recommendation to the parliaments of other states around the world (June 2016). The shortcomings of the domestic anti-terrorism legislation and its controversial novels are noted. The proposals for its improvement are formulated, taking into account the modern achievements of science and the needs of practice. In particular, it is proposed to modernize the Concept of Counter-Terrorism in the Russian Federation, approved by the President of the Russian Federation on October 5, 2009. The bill on establishing criminal liability of legal entities for crimes of a terrorist nature is supported. It is proposed to reconsider the contradictory explanations of the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 9, 2012 No. 1 On Some Issues of Judicial Practice in Criminal Cases on Crimes of a Terrorist Attitude concerning the qualification of terrorist crimes and the imposition of punishment for their commission.

Lei antiterrorismo e restrição da ação política: dissidência e resistência em tempos de crise da republica

Este artigo visa discutir a lei nº 13.260 de 2016, mais conhecida como lei antiterrorismo, levando em consideração o pensamento de Hannah Arendt. Especificamente, procuraremos refletir sobre as consequências desta lei nas atividades públicas no Brasil por meio das categorias arendtianas, tais como política, ação, desobediência civil, dissidência, pluralidade e poder.

Ethical Considerations: Research with People in Situations of Forced Migration

Research can contribute to better understanding of the forced migration experience to inform policy and programming, but it can also cause inconvenience and harm to research respondents. [1] In situations of forced migration, the stakes are particularly high because of precarious legal status, unequal power relations, far-reaching anti-terrorism legislation, and the criminalization of migration. In response, the Canadian Council for Refugees, York University’s Centre for Refugee Studies, and the Canadian Association for Refugee and Forced Migration Studies collaborated to complement established ethical principles with specific ethical considerations for research with people in situations of forced migration. This document highlights our guiding principles and applies the ethical concepts of voluntary, informed consent; respect for privacy; and cost-benefit analysis. It is of relevance to anyone involved in gathering information—whether in an academic or community setting—and those who are asked to take part in research. [1] Recognizing power relations inherent in facilitating true participation, this document uses the term respondent to indicate those individuals who are providing information as part of the research. In some ethics documents, the term human subject is used.

Polskie ustawodawstwo antyterrorystyczne. Wybrane zagadnienia

POLISH ANTI-TERRORISM LEGISLATION. SELECTED ASPECTSTerrorism is, undoubtedly, a threat to Poland’s security, which is why the state needs to un­dertake actions with regard to many aspects of its anti-terrorist policy, beginning with legislation and ending with information and education. An important step in the strengthening of Poland’s anti-terrorist security was the adoption of the Anti-Terrorism Act of 10 June 2016. When applied in a responsible manner by the relevant agencies, the Act can be an effective tool in the fight against terrorism. Importantly, it can be used to launch pre-emptive actions effectively preventing terrorist activities within the territory of the Republic of Poland. However, it should be noted that this piece of legislation is to be used only to protect the citizens against terrorist attacks. It cannot, therefore, be used for purposes other than anti-terrorist actions.

A Contemplation on unlimited debate in the process of anti-terrorism law legislation

A Contemplation on unlimited debate in the process of anti-terrorism law legislation

Addressing the spectre of cyber terrorism: a comparative perspective

This article looks at the definition of cyber terrorism and terrorist use of the Internet. The article evaluates cyber terrorist threats facing countries such as the United States of America, the United Kingdom, India and South Africa. The article also examines measures introduced by the respective governments in these countries to counteract cyber terrorist threats. Finally, the article will propose a way forward to counteract such possible threats in the future.&#x0D; &#x0D; The face of terrorism is changing. The convergence of the physical and virtual worlds has resulted in the creation of a “new threat” called cyber terrorism. Cyber terrorism is one of the recognised cyber crimes. The absence of suitable legal frameworks to address cyber terrorism at national and regional levels, the lack of adequate safeguards, the lack of cyber security strategies and the pre-occupation of countries with internal factors have all contributed to the creation of an environment that can be easily infiltrated by cyber terrorists.&#x0D; &#x0D; The horrific events of 9/11 provided the impetus for many countries to introduce anti-terrorist legislation. The United States of America, United Kingdom, India and South Africa have introduced legislation to address the threat of cyber terrorism.&#x0D;

Развитие законодательства США по борьбе с терроризмом до 11 сентября 2001 года

The article is devoted to the consideration of the stages of the development of the US legislation on the fight against terrorism. The goals and tasks solved by the state in a concrete historical period are considered. The anti-terrorism laws adopted by the US Congress are analyzed. The main directions of the US state policy in the field of the fight against terrorism are determined. The author shares the development of US anti-terrorism legislation in three stages. Two of them are considered in the article. The first stage refers to the period of the 1860s—1920s, a stage of the fight against internal terrorism. At this stage there was a struggle of the US authorities with anarcho-terrorism, as well as with the activities of a number of secret terrorist communities that later merged into the most powerful criminal organization — Ku Klux Klan. The second stage refers to the period from 1920 to 2001, the stage before the events of September 11, 2001. The activities of the US authorities at this stage is based on the principle of forcibly suppressing of the activities of foreign special services of hostile states. The laws aimed at combating terrorism, adopted by the US Congress until September 11, 2001, are analyzed.

Правовые проблемы борьбы с терроризмом в условиях меняющегося мира и глобализации общественных отношений

One of the most important challenges that threaten security and the harmonious development of humankind is terrorism. International counterterrorism is a major task of the world community, and the modern civilization depends of the successful solution of this task. This struggle must be based on some fundamental principles: the scientific validity of a coherent system of anti-terrorist activities; coordination of efforts of all world community; the combination of antiterrorist measures in the political, military, law enforcement, social spheres; improving anti-terrorism legislation. The problem of terrorism should be considered as complex problem consisted of political, economic, ideological, national, religious, social and legal components. The effort of scientific understanding of important issues related to the fight against international terrorism were undertaken at the scientific conference “Legal problems of counterterrorism”, held at the Institute of Legislation and Comparative Law under the Government of the Russian Federation on 29 September 2016. Students of the leading universities of our country participated this conference. The article presents an overview of the discussions held in the framework of the conference, and summed up its main results. The participants of the conference noted that currently not all types of terrorism are the objects of international legal regulation. The ideological content of terrorism can be used as criteria for the classification of terrorism and its separation from other social phenomena. International terrorism can be funded from various entities, including philanthropic organizations, there is a strong need to improve the normative legal regulation of activities of these structures.

Protecting Constitutionalism in Treacherous Times: Why 'Rights' Don't Matter

Common lawyers have focused too much on rights talk and especially on constitutionally entrenched Bills of Rights in critiquing Anti-Terrorism legislation enacted by democratic common law countries since September 11, 2001. This paper illustrates the ways in which rights talk acts as a distraction from fundamental principles of legality when Anti-Terrorism laws are considered, arguing that embedded rights play three roles antithetical to sustaining governance in accordance with fundamental principles of legality: the roles of paper tiger, Trojan horse, and narcotic.

Critical geographies of education: an introduction

Critical geographies of education: an introduction

Tenuous Legality: Tensions Within Anti-Terrorism Law in India

This paper examines the evolution of the anti-terror legislation in India from Terrorist and Disruptive Activities (Prevention) Act 1987 (TADA), through Prevention of Terrorism Act 2000 (POTA) to Unlawful Activities (Prevention) Act (UAPA). This paper attends specifically to the jurisprudential tension between the promise of constitutional safeguards on the one hand, and the legal erosion of these rights inhering in these laws on the other. The paper seeks to understand how this tension is resolved, philosophically and jurisprudentially in addressing challenges to these laws in the Supreme Court. How, first, did the Supreme Court respond to the allegation that these laws suffered from the “the vice of unconstitutionality”. Second, having upheld the constitutional wholesomeness of these laws, how did different courts respond in actual cases being tried under these laws – which legally subverted established evidentiary rules? It is argued that the tension remains unresolved – despite professions to the contrary – and can be seen operating in the juridical field.

Criminal Justice Policy against Terrorism in China

China is defending the terrorist crime through the Anti-Terror Law and anti-terrorism criminal legislation. Chinas Anti-Terror Law and the Criminal Code Amendment (9), which were promulgated in 2015, provide legal grounds for preventing and hurting ever-growing terrorist crimes. In particular, Chinas amendment to the Criminal Code (9) is designed to rigorously enforce the legal framework for terrorist crimes, protect prejudicial rights that might be violated by serious terrorist crimes, and protect the penalties for terrorist crimes. However, Chinas anti-terrorism legislation still has drawbacks such as lack of systematicity, limited regulatory boundaries, and lack of rigorous penalties for the establishment of anti-terrorism legislation. To counter this, Chinas anti-terrorism legislation must strictly regulate the legal system of terrorist crimes, secure penalties, and prescribe anti-terrorism laws as professional chapters.