Counter-terrorism Legislation Research Articles

Counterterrorism laws and state repression in the aftermath of the 9/11 attacks

ABSTRACT The relationship between terrorism and human rights has attracted considerable research and policy attention. As countries grapple with formulating effective strategies to combat terrorist groups, governments have faced criticism for resorting to increased repression in the name of counterterrorism. One common response by states to terrorism has been the implementation of counterterrorism legislation, with numerous countries enacting such laws in the aftermath of the September 11 attacks to establish a legal framework for addressing the terrorist threat. In this paper, we delve into the impact of counterterrorism legislation on abuses by the state, with a specific focus on the use of torture and political imprisonment. We argue that the introduction of counterterrorism legislation has exposed more citizens to the threat of being detained and the risk of torture by state forces. We contend that this relationship is particularly pronounced in countries adopting new counterterrorism legislation after 9/11. To substantiate our argument, we utilise data on counterterrorism legislation and conduct empirical testing, uncovering some supportive evidence for the relationship between the introduction of counterterrorism legislation and the prevalence of torture and political imprisonment, especially in cases where new laws were introduced in the aftermath of the September 11 attacks.

Counterterrorism, political anxiety and legitimacy in postcolonial India and Egypt

ABSTRACT The post 9/11 global proliferation of counterterrorism legislation is increasingly being interpreted as part of a longer story of colonialism. Scholars have shown how expansive counterterrorism can be interpreted not merely as an exceptional state of violence in situations where the rule of law and guarantees of ordinary civil liberties are suspended, but as a form of law-making that draws upon colonial logics and frameworks of governance. However, a major lacuna in this scholarship is the lack of attention to counterterrorism laws in postcolonial states and their negotiations with colonial logics of law-making. This article makes a postcolonial contribution to Critical Terrorism Studies and International Politics by showing how colonial logics of counterterrorism are repurposed by postcolonial states in comparable ways. By comparing counterterror laws in two postcolonial states, India and Egypt, this article shows how colonial logics intersect with nationalist ideologies, postcolonial anxieties, as well as an attempt by postcolonial states to seek international legitimacy post 9/11 vis-a-vis the War on Terror. In both states, counterterror laws are weaponised to target civil society activists, journalists, and religious, ethnic and other minorities in comparable ways. This article, therefore, challenges the centrality of 9/11 and state of exception/emergency in the framing of counterterror laws. In so doing, it advances knowledge of counterterrorism vis-à-vis postcolonial engagements with colonial epistemes and “normal” practices of security.

New Zealand Counter-Terrorism Strategy For Build Positive Peace To Support National Security

This research is discusses the counter-terrorism strategies implemented by the New Zealand government following several terrorist attacks, including the Christchurch shooting (2019) and the Dunedin and Auckland stabbings (2021). Using Arthur Lyyke's strategy theory (2008), this study analyzes the means, ways, resources, and risk considerations inherent to effective counter-terrorism strategies. The study applies the counter-terrorism approach proposed by Jones & Libicki (2008), which divides counter-terrorism strategies into three categories: military deployment approach, police and intelligence approach, and policy approach. Through qualitative research with an analytical-descriptive approach, the study finds that the New Zealand government's counter-terrorism strategy comprises of two main approaches: the police and intelligence approach and the policy approach. The government's "no face no name" policy aims to deny terrorists any platform for recognition, while amendments to firearm possession laws and counter-terrorism legislation proposed by the prime minister facilitate the police's ability to restrict terrorist activities. These initiatives intend to foster positive peace and support national security.

Legislative Responses to Terrorism: A Critical Review of Counterterrorism Measures

In the face of escalating global terrorism threats, nations worldwide have grappled with the imperative to enact and amend legislation aimed at preventing, detecting, and prosecuting acts of terrorism. This paper conducts a comprehensive and critical examination of legislative responses to terrorism, with a focus on their efficacy, implications for civil liberties, and broader societal impacts. The research begins by analysing the evolution of counterterrorism laws across diverse jurisdictions, emphasizing the shifting landscape of security concerns and the subsequent legal adjustments. It scrutinizes the core features of these legislative measures, including preventive detention, surveillance, intelligence gathering, and the definition of terrorism offenses. A critical analysis is employed to assess the balance between security imperatives and the protection of individual liberties, scrutinizing the potential for abuse, discrimination, and erosion of due process. Case studies from various countries illuminate the real-world consequences of counterterrorism legislation, shedding light on the impact on marginalized communities, legal frameworks, and international human rights standards. The paper also explores the effectiveness of oversight mechanisms, judicial review, and safeguards incorporated within these legislative frameworks to curb potential abuses and protect against overreach. Furthermore, the study considers the role of technology, intelligence-sharing agreements, and international cooperation in shaping legislative responses to terrorism. It aims to provide a nuanced understanding of the challenges and successes in addressing the complex interplay between security concerns and the preservation of fundamental rights. This critical review seeks to contribute to the ongoing dialogue on counterterrorism policy by offering insights into the multifaceted implications of legislative responses. The paper concludes with recommendations for fostering a balanced approach that upholds both security imperatives and the foundational principles of democracy.

A History of Violence: A Critical Overview of Aotearoa New Zealand’s Approach to Terrorism

On 15 March 2019, Brenton Tarrant fired indiscriminately at congregants as they gathered for prayer at the Linwood Islamic Centre and Al Noor Mosque in Christ-church, New Zealand. The media labelled the event New Zealand’s “loss of innocence” and its first experience of terrorism; MPs across the house described the attack as foreign and imported. However, there are various incidents in New Zealand’s history prior the Christchurch attacks that arguably also fit the definition of terrorism but have not been officially identified or charged as such. The government’s selective use of the terrorism label suggests that in the case of terrorism, phenomenally similar actions may be labelled differently depending on the identity of the perpetrator and the perspective from which the action is described. In order to understand how the government decides whether an act is a case of terrorism or not, this article traces the evolution and social context of New Zealand’s counter-terrorism legislation from the early colonial period to the Christchurch attacks. In doing so, this article finds that in New Zealand, terrorism has been routinely framed as the fault of foreigners and cultural outsiders. This suggests that the official definition of terrorism in New Zealand is not constant or objective, but is instead guided by historical conditions which make political sense of the current terrorism reality.

Muslim charity in the United Kingdom: Between counter-terror and social integration

Writing ahead of the next ‘Independent Review’ of the United Kingdom’s counter-terror strategy, this article presents two inter-related arguments. First, that the current counter-terror legislation is counter-productive, according to its own logic, in achieving social integration. Second, that Islamic practices and conceptualisations associated with charitable giving hold potentials to offer a more inclusive understanding of social integration than that currently utilised in the United Kingdom. The actions of Muslim charities and practitioners within Britain (exemplified by service provisions during Covid restrictions) serve as an important tool for social integration. Thus, by exploring the potentials of Muslim charitable giving, an alternative solution to social integration in the United Kingdom is presented. Drawing from participant interviews with a range of Muslim charitable practitioners, this article argues that supporting British Muslim charities would assist social integration and the construction of ‘shared values’ assumed by UK counter-terror strategies to be a tool in combating ‘extremist’ narratives.

A critical evaluation of China's legal responses to cyberterrorism

Cyberterrorism has become an increasing threat to stability and security in China. However, China does not have a special counter-cyberterrorism law, instead relying on existing anti-terrorism laws to deal with cyberterrorism. This approach raises a number of problems insofar as it may lead to legislative uncertainty and unpredictability, as well as impacting on carrying risks of over-criminalisation, a lack of counterbalance and violation of proportionality. In light of these problems, this article aims to offer a critical evaluation of China's legal responses to cyberterrorism, mainly focusing on the broad and vague definition of terrorism, the tendency to criminalise a wide range of terrorism precursor offences, and the country's preventive counterterrorism strategy. This approach also reflects the legal reality of ‘rule by law’ in China, through which the Chinese Communist Party (CCP) expands state power by broadening counterterrorism legislation to achieve its political goals, prioritising national security and ensuring social stability.

Problematické definovanie pojmu terorizmus a s tým súvisiace porušovanie ľudských práv v kontexte boja proti terorizmu na príklade Ruskej federácie

The present article aims to point out the long-term problematic definition of the term terrorism and related human rights violations in the context of the fight against terrorism on the example of the Russian Federation. The first part of the article is devoted to a theoretical view of the issue of defining terrorism and related risks in the context of national definitions of counter- terrorism legislation. In the second part of the article, we focused on the Russian Federation and its alleged fight against terrorism. Using a qualitative research method, we conclude that domestic counter-terrorism legislation can be a breeding ground for serious human rights violations if it is based on overly broad or otherwise problematic definitions of terrorism.

From Spiral to Stasis? United Kingdom Counter-Terrorism Legislation and Extreme Right-Wing Terrorism

This article critically evaluates the impact of existing terrorism offenses in countering extreme right-wing terrorism (ERWT) in the United Kingdom (U.K.) in order to examine why this developing threat to security has yet to elicit any legislative counter measures. Informed by evidence from a comprehensive dataset of ERWT convictions between 2007 and 2022 it finds that terrorist offenses have been sufficiently adaptive as to have had a significant impact in countering ERWT, negating any need for reform. Concerns, however, are identified in the application of existing measures and suggestions are made as to how they should be addressed to enhance their impact.

SALVAGING FLAWED DISCOURSES SURROUNDING NZ’S ‘COUNTER-TERRORISM LEGISLATION BILL’

Public-facing announcements from Labour minister Kris Faafoi and Prime Minister Jacinda Ardern around the ‘Counter-Terrorism Legislation Bill’ that that was introduced to Parliament on the 13th of April 2021 has included a number of flawed discourses that risk making the legislation less effective. The current focus on ‘lone actors’ speaks to a misunderstanding of online community dynamics within the hate-groups that motivate terror attacks. Additionally, there is little attention either in the foundational document for the ‘Christchurch Call to Action Summit’ or the discussions surrounding the ‘Counter-Terrorism Legislation Bill’ of the ways that online economies drive the expansion of extremist groups and raise the odds of terrorist actions. This article will explore the background to these issues, what makes the current discursive framing from the government around the legislation problematic, and what initiatives could be concretely taken to mitigate these issues.

Preventative Plasticities: Legal Ambiguities in Jordanian Counterterrorism Legislation

Abstract Scholars studying counterterrorism laws internationally, particularly across the Arab world, often note the ambiguity of these laws. Few, however, have taken stock of the causes and consequences of these ambiguities. This article explores the questions: What makes counterterrorism laws distinctly amenable to autocratic instrumentalization? What are the mechanisms that allow counterterrorism laws to be used as a means to bolster authoritarian stability? Furthermore, what are the consequences of this instrumentalization on social and political life? This article seeks to answer these questions by focusing on the Hashemite Kingdom of Jordan’s Anti-terrorism Law of 2006 and its 2014 Amendments. The author argues that counterterrorism laws are a unique tool due to their distinctive emphasis on prevention and pre-criminality. As a result, counterterrorism laws are often prone to ambiguities, which permit their expansion and instrumentalization. This article discusses how counterterrorism laws’ inherent ambiguity shape how these laws are articulated, enforced and experienced.

The Implementation of the Juvenile Justice System in Terrorism: Indonesia Case

ABSTRACT: This research aims to review the right to child protection as well as the implementation of the Juvenile Criminal Justice System (SPPA) based on court rulings. Behind the research is concern about the increasing number of children involved in terrorist networks in Indonesia. Some of them have been sentenced to prison for terrorism plots. The implementation of the SPPA Act and the PA Act has become a reference for law enforcement in addition to counter-terrorism legislation. The crime of terrorism is a crime that must be addressed immediately because it threatens the state, but the state remains obliged to ensure the fulfillment of the right to child protection during the judicial process with special protection. With the involvement of a child that is in relevance to the child protection act, it is a complex matter that needs to be resolved with a special analysis of law, due to its nature. This study examines court rulings with normative juridical methods to get significantly achieved results. In addition, this study also adds secondary resources such as article journals, books, reports, and any source that has relevance to the study. The results of the study found that the special protection of children in the Crime of Terrorism has not been met, by not considering the child as a victim, because of the actions he did the influence of persuasion as revealed in court. In addition, law enforcement does not seek diversion as mandated in the SPPA. To conclude the court's decision does not consider the regulations on PA and has not fully implemented the SPPA.
 KEYWORDS: Legislation on Terrorism, Children's Rights, Law Enforcement, Juvenile Justice.

“From street soldiers to political soldiers”: assessing how extreme right violence has been criminalised in Portugal

ABSTRACT Historical evidence points to the fact that extreme right-wing (ERW) violence has not always been prosecuted under terrorism legislation, but under various other criminal statutes. In Portugal, since the regulation of terrorism in the general Criminal Code in 1982, which was then replaced by counterterrorism (CT) legislation in 2003, there have been five terrorism convictions. However, none was related to ERW violence, despite the existence of numerous ideologically motivated crimes committed by groups and individuals occupying this side of the political spectrum. In this study, we aim to understand the reasons behind such penal selectivity in contemporary Portugal by comparing two legal files: the first case sentenced according to the Portuguese CT Law, whose defendant was a Spanish national, and member of Euskadi Ta Askatasuna (ETA); and the first case of ERW violence sentenced after the introduction of the Portuguese CT Law, in which 36 alleged skinheads were sentenced for racial discrimination and incitement to hatred and violence, as expressed in section 240 of the Portuguese Criminal Code. We discuss how the Portuguese case can contribute to the international debate regarding the criminalisation of ideologically motivated violence.

Трансформация антитеррористического права России в условиях глобализации

The article shows the creation and development of modern antiterrorism legislation in the Russian Federation. It is noted that the period of its formation coincided with the involvement of the post-Soviet Russian Federation in the process of globalisation, an inherent feature of which is the integration and unification of the legal systems and national legislations of individual states. According to the author, convergence of national anti-terrorist legislation of those states involved in countering transnational, global international terrorist organizations, such as the Islamic State banned in the Russian Federation, seems particularly important. The process of adjustment of the Russian national legal system to needs of counteraction to terrorism (external and internal), its transformation both taking into account features of the international, and foreign legal experience of counteraction to terrorism is considered. The current strengthening of responsibility for terrorist crimes in the Criminal Code of the Russian Federation in many cases should be seen as a manifestation of global trends in combating terrorism. Not only the tightening of sanctions for terrorist activity, but also the addition of new anti-terrorist norms to the Criminal Code of the Russian Federation is proposed to be regarded as one of the results of integration processes in national law. Despite the steps taken to transform Russian counter-terrorism legislation, its approximation and integration with international and foreign law, the process of globalisation in this field is not complete. It is concluded that the transformation of the Russian Federation's anti-terrorism law (the relevant counter-terrorism legislation and the relevant criminal law norms) must be continued in order to further its involvement in the effective counter-terrorism response in general - international law in the first place. Terrorism has long ceased to be perceived as a local threat, so the internationalisation of counter-terrorism is one of the manifestations of globalisation in law. However, globalisation, which is a catalyst for the convergence of legal systems and national legislations, does not mean that the transformation of national law must necessarily lead to the dismantling of legal institutions and traditions successfully applied in the practice of law enforcement agencies and courts of states. The author declares no conflicts of interests.

People, power, Pollokshields

A social work perspective of dawn raids of refugees and asylum seekers within the Pollokshields area of Glasgow, which were stopped by community action. The hostile environment whipped up by politicians and the ongoing oppression of refugees and asylum seekers is considered within the context of counter terrorism legislation and the need for grassroots community social work working.

Criminal offenses of terrorist direction in criminal legislation of foreign countries

Purpose. The purpose of the work is to study the criminal offenses of terrorism in the criminal law of foreign countries and to outline the limits of the use of its positive assets. The methodology. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material and formulation of relevant conclusions. The following methods of scientific cognition were used during the research: comparative-legal, logical-grammatical, system-structural, modeling. Results In the course of the research it was recognized that in the criminal legislation of foreign countries there is no single approach to the definition of criminal offenses of terrorist orientation. In most European countries, prosecution is provided not only in the criminal code, but also in special laws to combat this phenomenon. At the same time, increased attention is paid to the fight against terrorist financing and incitement to terrorism. Also noteworthy is the attribution to terrorism of a significant number of illegal acts, which without a terrorist purpose constitute independent criminal offenses (murder, bodily harm, riots, robbery, damage to important public buildings, kidnapping, etc.). Scientific novelty. In the course of the research it is scientifically substantiated to divide the legislation on liability for criminal offenses of terrorist orientation into three models: 1) complex (combination of criminal law and specially defined for counter-terrorism legislation); 2) criminal law; 3) criminological, in which the fight against terrorism is reflected only in specialized legislation. Practical significance. The results of the study can be used in law-making activities in further improving the national criminal law on terrorist offenses, as well as in the educational process during the teaching and study of disciplines "Special part of criminal law of Ukraine" and "Criminology".

Engagement with rights in the making of counterterrorism legislation—Perspectives from three case studies: An introduction

Abstract Recent years have seen an emerging consensus on the important role non-judicial actors can play in protecting rights, and the potential benefits of integrating the compliance with constitutional standards into the legislative process. However, the study of actual practices of pre-enactment rights scrutiny has highlighted the need for deeper analysis of the factors that ultimately determine the extent to which rights considerations are effectively taken into account in policy design. The three case studies in this symposium contribute to the growing empirical literature on non-judicial constitutional review. Each article follows a particular counterterrorism legislation process and analyzes the ways in which consideration of rights effected or failed to effect policy design. These nuanced and empirically grounded perspectives on what rights review in the policymaking process actually entails help point out mechanisms that positively affect the ability to create proportionate policy, while documenting barriers at both the individual and organizational levels that can prevent rights from being afforded their optimal weight in the process. This introduction presents the main comparative insights arising from the three case studies in the symposium. The first point relates to the identity of and dynamic between the actors who engage with rights in the process, particularly the interaction between political and bureaucratic actors and its effect on the nature of the rights discourse and its impact. The second point characterizes three types of stages in the policy process—stages of deliberation, evaluation, and justification—and demonstrates how the nature of engagement with rights differs at each stage in terms of substance, scope, and influence. The third and final point relates to the ramifications of the layered nature of policymaking for the possibility of truly engaging with considerations of rights.

From Hijackings to Right-Wing Extremism: The Drivers of New Zealand’s Counter-terrorism Legislation 1977 – 2020

New Zealand is currently faced with the need to address extensive recommendations from the recently completed report of the Royal Commission of Inquiry into the terrorist attack on the Christchurch masjidain on 15 March 2019 (RCOI). The RCOI was not tasked with reviewing New Zealand’s terrorism legislation, but it has commented among its recommendations on the need for relevant national security legislation that is fit-for-purpose and empowers and resources security services appropriately. This paper outlines New Zealand’s counter terrorism legislative chronology, exposing historic themes of slow law making, political disinterest and reactive and incomplete solutions. If New Zealand is to address the RCOI recommendations, it will need to break with previous approaches to legislating terrorism and boldly pursue a new more proactive narrative.

Better a war criminal or a terrorist? A comparative study of war crimes and counterterrorism legislation

AbstractThis article poses the question as to whether and why States overlook the prosecution of people for war crimes rather than terrorist offences, where war crimes would be preferred. It looks at whether a diverse range of States (Afghanistan, Australia, Mali, the Netherlands and the Russian Federation) are able through their domestic legislation to prosecute people for war crimes or for terrorist offences. It considers what the value of prosecutions is theoretically and legally, and what the impact of prosecutions is practically in a State. It proposes that prosecutors, police and judges should ask the question whether an alleged offender should be prosecuted for war crimes and/or terrorist offences with war crimes being the preferred option where there is evidence that they have been committed.

Foreign fighters and the tension between counterterrorism and international humanitarian law: A case for cumulative prosecution where possible

AbstractContemporary foreign fighters (FFs) often join so-called dual-nature groups, i.e. groups that can at the same time be qualified as a non-State armed group involved in a non-international armed conflict and a terrorist organization. Both international humanitarian law and counterterrorism (CT) legislation may hence be of relevance when assessing the legality of FF conduct. The CT perspective tends to remain predominant, however. This paper argues that, especially in terms of prosecution, due regard must be paid to both legal frameworks where possible. It also argues that national prosecution in the country of origin seems to offer the best prospects for realizing such cumulative prosecution.