Terrorism Crime Research Articles

Legal Nature of Terrorist Crimes in Russian Legal System

The article examines the legal nature of terrorism from the Russian legal system point of view. The relevance of the research stems from the large scale, sophistication, and cruelty with which terrorist crimes have been committed over the recent decades. Terrorism has nowadays become a global threat, and any government, including government of the Russian Federation, must take it into consideration when formulating its domestic and foreign policy. In countering terrorist crimes, current regulations of the Criminal Code of Russian Federation take rather important part. Punishment differentiation, depending on corpus delicti and consequences, as well as correct qualification of terrorist crimes, are the most important conditions of those regulation’s efficient application. This problem is in fact interdisciplinary one, which is proved by researchers from other scientific fields: not only law scientists, but also psychologists, historians, political scientists. All the listed illustrates relevance, timeliness, and expediency of researching the problems mentioned. The purpose of the study is formulating recommendations for solving the above-mentioned issues of improving the existing criminal (and other) measures and developing new viable and practically applicable criminal measures for countering terrorist crimes.

Несообщение о преступлении (ст. 205.6 УК РФ): проблемы толкования и правоприменения

The relevance of the problems of interpretation and enforcement of prosecution for failure to report the person (s) preparing, committing and committing the crimes provided for in the disposition of the norm and not prosecuting for failure to report the acts provided for by Article 205.6 of the Criminal Code of the Russian Federation, provided there is no information about the person (persons) who committed it, contributes to the effectiveness of countering terrorism. Evaluating the generally positive norm of the Criminal Law provided for in Article 205.6 of the Criminal Code of the Russian Federation, it is proposed to change the name to “Failure to report a terrorist crime”, which will eliminate discrepancies with the disposition of the norm; information about a committed or committed crime, listed in the disposition of this provision, fixing in the disposition of criminal liability for failure to report grave and especially grave crimes. It is recommended in the comments to the article to clarify the concepts:“reliable information”, “the source of information” and “the method of obtaining such information”.

Public calls for criminal offenses in post-Soviet countries (comparative analysis)

The article provides a comparative analysis of the criminal legislation of post-Soviet countries in terms of criminalization of public calls to commit criminal offenses. The criminal codes of the following countries have been studied: Azerbaijan, Belarus, Armenia, Georgia, Estonia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, the Russian Federation, Tajikistan, Turkmenistan and Uzbekistan.
 Common features of criminalization of public appeals in the named post-Soviet countries are established. Their distinctive features in comparison with the Ukrainian variant of regulation are defined. The list of subsequent crimes in the studied codes is not the same, but there are those whose public appeals are typical of the criminal codes of the vast majority of countries, namely – to: a) aggressive war, b) terrorist crimes, c) encroachments on the constitutional order and territorial integrity, d) mass riots.
 Unlike many European countries, the criminal codes of post-Soviet countries do not provide for universal types of public appeals (ie appeals to crime in general). The maximum of universalization here is calls only for crimes of a certain kind, for example, calls for terrorist crimes or crimes against the state. That is, it is mostly a case-by-case approach to the criminalization of public appeals – responsibility is established for public appeals to certain actions.
 In addition, the article draws attention to the following: a) the degree of punishment of public calls, that is, the penalties contained in sanctions (unqualified or «simple» public calls are mostly punishable by up to 3 years in prison or up to 5 years), b) the differentiation of responsibilities (aggravating circumstances), c) system and placement of special types of public calls in the structure of special parts of criminal codes.

Experience in Developing and Testing a Model Program for Psychological and Educational Work with Persons Convicted of Terrorist and Extremist Crimes

Introduction: the steady increase in the number of the suspected, accused and convicted of terrorism and extremism, as well as cases of their participation in various emergencies, necessitates a personal, targeted approach to correctional psychological and educational work with them. The need for an individual approach, including in psychological and educational work with those convicted of terrorism and extremism, is also indicated by regulatory legal documents, in particular the Order of the Federal Penitentiary Service of Russia No. 1111 dated November 24, 2017 “On the organization of events on countering terrorism, extremist activity in penal enforcement institutions and bodies”. Study purpose: determination of the effectiveness of the tested model program for psychological correction of personality of persons convicted of terrorism and extremism-related crimes. Research methods: psychodiagnostics methods: the Zimbardo Time Perspective Inventory (ZTPI) “Time perspective of convicts”, multidimensional self-attitude research questionnaire, a psychodiagnostic method “Life-purpose orientations”; a method for testing the program developed; a method for identifying statistical differences – the Student’s t-test; a method for comparative analysis of the psychodiagnostics results obtained following the testing results. Results: validation of the reliability of statistical differences with the help of the Student’s t-test determined the absence of significant changes in the indicators of convicts in the control group. Meaningful changes were observed in the indicators of convicts of the experimental group with the help of the following methods: ZTPI “Time perspective of convicts”, a multidimensional self-attitude research questionnaire and a psychodiagnostic method “Life-purpose orientations”. A comparative analysis of the results of psychodiagnostics of convicts in the experimental group before and after testing of the basic program proved the reliability of statistical differences with the help of the Student’s t-test determined the presence of positive personality changes in the behavioral, cognitive and affective spheres of the personality of convicts in the experimental group. Conclusions: assessment of the model program testing results revealed a sufficient degree of its effectiveness and the possibility of its implementation. The model program largely determined the content and structure of the section of the additional professional program – a professional development program for psychological service employees who accompany persons convicted of terrorist and extremist crimes.

The Regulation of Straf Minima For Minors As Manus Ministra In The Crime Of Terrorism

In cases of terrorism involving minors, it must be understood that they are victims. Terrorism eradication regulations, which do not provide the possibility for diversion for children as manus ministra, need to consider the condition of the minors' psychological growth, which, of course, still has the potential to be of good value if properly nurtured. This study aims to determine the arrangement of the straf minima of minors as manus ministra in the crime of terrorism. The research method used is juridical normative or literature research related to normative legal substances, to find the truth based on scientific logic from a normative perspective by examining library materials or secondary data consisting of primary legal materials and secondary legal materials. The results of this study show that there are differences in the imposition of criminal sanctions for criminal acts of terrorism committed by a minor, namely Articles 19 and 24 of the Law on the Eradication of Criminal Acts of Terrorism. The Law on Combating Criminal Acts of Terrorism does not apply to minors who are involved in terrorism. This means that the general straf minima contained in the Criminal Code are used, namely for imprisonment to be imposed for at least 1 day. Article 19 and Article 24 of the Law on Combating Criminal Acts of Terrorism also abolish the provisions of the death penalty and life imprisonment for a person who is not yet 18 years old.

Modeling the Process of School Shooters Radicalization (Russian Case)

Research on radicalization became relevant to the study of terrorism and violent extremism just two decades ago. The accumulated empirical data on terrorism have led researchers and experts to understand that radicalization is a predictor of violent actions by terrorists, violent extremists, and lone actors. Violent incidents committed by school shooters are not terrorist crimes, but there is good reasons for inclusion as terrorist crimes since they have similar mechanisms. The article aims to create a conceptual model of school-shooter radicalization and determine the distinguishing features of the process. The paper presents a theoretical and methodological base of content analysis concepts, political models, and terrorist radicalization on the different levels of study. Based on the content analysis results, we identify the significant gaps in the research field, consider the radicalization phenomenon in detail, substantiated the qualitative aspects of the school shooters radicalization, and propose a conceptual scheme. Psychological, behavioral, cognitive aspects of the school shooters radicalization reflect a holistic picture of the relationship between the process phases and changes in the parameters of the object’s state. The aspects of radicalization and this phenomenon’s qualitative properties are interpreted as the determinants of the conceptual model. The model includes five stages, each of which is considered to be one of the components for the formation and acceptance of the idea of a violent way to solve a problem, but certainly do not act individually as the only component that leads to the actual implementation of the incident of a school shooting. An in-depth study of online social connections and warning signs, mobilization factors, behavioral trajectories, and imitation mechanisms can help scientists understand why school shooters are increasingly motivated to use violent means to achieve personal goals. We have outlined the possibilities and prospects of the model’s application and directions for future research.

Precautionary Principles of the Circulation of Hazardous Chemicals as an Effort to Combat the Crime of Terrorism

The title of this article is the Precautionary Principles of the Circulation of Hazardous Chemicals as an Effort to Combat the Crime of Terrorism. This article base on research discusses about 1) What are the characteristics of the Crime of Terrorism using hazardous chemicals. 2) How is the principle of prudence in the distribution of hazardous chemicals as an effort to overcome criminal acts of terrorism. The two problem formulations were analyzed using normative legal research methods using the theory of legal objectives, the theory of criminal policy and the theory of legal protection. The research was conducted through several approaches, namely the statutory approach, the philosophical approach, the conceptual approach and the comparative approach.The transformation of terrorism uses hazardous chemicals as precursors of Improvised Explosive Devices (IED). The use of hazardous chemicals and the development of science makes the types of IEDs formed apart from high explosives (HEs IEDs), also found weapons of mass destruction (WMD) such as radioactive weapons. (Radio Active Material Weapons) and chemicals weapons (Chemicals Weapons). The transformation of terrorism will cause death, morbidity, onset in mass numbers and affect future generations. The right to life is irreversible which requires a special pro-active effort. Active law enforcement and establish an early warning system in the field of distribution of hazardous chemicals.To establish an early warning system in the field of hazardous chemicals, it is necessary to apply the precautionary principle. The application of the precautionary principle is due to the fact that protected legal interests are irreversible rights, the many related interests related to hazardous chemicals and the transformation of terrorism make the dynamics increasingly complex which at a certain point requires correct and appropriate decisions. The application of the precautionary principle requires administrative sanctions as a form of guidance and criminal sanctions for certain violations. Keywords: hazardous chemicals, terrorism, precautionary principle DOI: 10.7176/JLPG/116-01 Publication date: December 31 st 2021

El Tribunal Especial para el Líbano y la sentencia Hariri. ¿Justicia selectiva?

The article analyses the complex relation between politics and justice in the international arena that is reflected in the Special Tribunal for Lebanon. The subject matters developed are its problematic establishment by means of Security Council resolution 1757 (2007) and its selective nature, as well as the legal-doctrinal dispute laid out in the Ayyash et al. case, also known as the Hariri case. It is stressed the importance of circumstantial factors, especially those triggered since 2004, with the aim to explain the internal division —with international protagonists— of the country into two blocks whose confrontation would serve as a pretext for starting-up a unique tribunal that would meet the interests of an international community captivated by the possibility of achieving a judicial terrorism sentence against Hizballah —and/or Syria— who was gathering momentum. The 2011 interlocutory decision of the Appeals Chamber seemed to reveal itself as a good omen in said direction when it stated the necessity to interpret the crime of terrorism established in article 314 of the Lebanese Criminal Code in accordance with an international crime of terrorism of customary nature. The revolutionary decision —together with the process that led to its publication— disclosed nevertheless, a certain hasty and opportunistic character, which the 2020 judgment finally rejected for being unnecessary and untrue. The article upholds that all the above has contributed to undermine the credibility of the Tribunal, which is a model of selective justice, and has demonstrated little deference towards the sovereignty of the Lebanese State.

CATEGORY BIG DATA MODEL OF THE SOCIO-ECONOMIC SYSTEM

The socioeconomic systems in which the tasks of countering the legalization (laundering) of proceeds from crime and the financing of terrorism are solved are considered. An intermediate conclusion is presented and made that it is necessary to synthesize a problem-oriented control subsystem for such systems and tasks. The management tasks that distinguish such a data model in modern conditions are highlighted. It is proposed to use a categorical-theoretic approach for synthesizing a data model, which is free from the mathematical paradoxes of mathematical sets, and is also not limited by the size of the data sample from very large samples, such as big data. The purpose of modeling is to synthesize a mathematical model of big data from a variety of data sources of socioeconomic systems, which provides the classification of objects in interrelation (interaction) with other objects to identify such objects and relationships (interactions) that relate to legalization (laundering) proceeds from crime and financing of terrorism. The input samples are mathematically defined. A mathematical model of big data is synthesized in terms of category theory. The module provides the representation of input data samples in the form (format), which makes it possible to classify objects and categories of socioeconomic systems.

JURIDICAL-NORMATIVE REVIEW OF THE DESIGNATION OF ARMED CRIMINAL GROUPS (KKB) IN PAPUA AS TERRORIST GROUPS

There are differences of opinion among various groups after the stipulation of the Armed Criminal Group (KKB) in Papua as a terrorist group/organization. KKB has been identified with the West Papua National Liberation Army (TPNPB-OPM), which is one of the armed separatist movements in Papua. The determination based on armed violence carried out by the KKB has political, ideological, and security motives which are elements in the crime of terrorism. In the context of criminal law reform, the drafters of the Criminal Code separate criminal acts of terrorism and treason in different forms and concepts. Separately, they are categorized as special crimes and crimes against state security. By using the normative juridical method, the authors conclude that the determination of the KKB as a terrorist group/organization is the right policy of the Indonesian government. Based on the three motives above, the KKB can now be categorized as an ethnic-nationalist separatist terrorism group.

Speficic Moral and Psychological Characteristics of Criminals Convicted for Crimes of Terrorism and Extremism

The authors continued their research of the personalities of terrorists and extremists and studied characteristics of 700 persons convicted for crimes of terrorism and extremism who served their sentences in penitentiary institutions of all territorial divisions of the Russian Federation. They studied indicators of additional scales of MMPI test, questionnaires, interviews, materials of personal files, court decisions (verdicts), disciplinary practice, penitentiary and criminal law characteristics, and made a number of conclusions. First, the results allowed the authors to verify a number of hypotheses on personal characteristics of terrorists and extremists analyzed by psychologists and criminologists. Second, generalized characteristics of persons convicted for terrorism and extremism crimes acquired through the use of additional MMPI scales proved and supplemented similar results from the basic scales of this methodology. Specifically, the authors found proof of a prominent conversion type of the personality profile of examined individuals manifested in a number of ambivalent conditions and aspirations. Third, the results also allowed to define key characteristics of the substructure of personality orientation of convicts of this category: amorality in their value system; following their own convictions, personal norms and principles; immunity against any moral authority; conviction that only their actions, deeds and life in general are the right ones, disregard for social values. Fourth, field data showed that it is necessary to single out one more (a third) subcategory of convicts who committed combined extremism-terrorism crimes. Based on the definition of this subcategory, such convicts committed several (two or more) crimes of both extremism and terrorism nature as part of one criminal case and, correspondingly, one court decision (verdict). A targeted approach to the correction and prevention work with this category of criminals convicted for terrorism and extremism crimes makes it necessary to examine the characteristics of each subcategory of convicts included in this category.

Extremist Crimes Committed Using the Sphere of Telecommunications and Computer Information

To successfully counter extremist and terrorist crime in the virtual space, it is important to implement measures for improving legislation (clarification of extremism features, the introduction of a list of extremist crimes into the law, etc.), as well as measures to improve the training of law enforcement officials, wider involvement of specialists and experts in the investigation of cases, establishing cooperation with providers in order to timely identify extremist and terrorist crimes, a deeper study of the personality of criminals who specialize in committing extremist crimes using the field of telecommunications and computer information. The use of telecommunications and computer information in the commission of extremist crimes indicates a high intellectual level of the criminal, which helps him not only to commit high-tech crimes, but also to hinder the investigation of his actions using the same knowledge and experience. In this regard, the social danger of both the criminal and the offence committed by him increases, which should be taken into account when solving and investigating crimes. In addition, the professionalism of criminals makes increased demands on law enforcement officers investigating crimes of this type, which means that it is necessary to constantly improve their training in the field of computer information and telecommunication technologies. The paper discusses some issues of classification of extremism using computer and telecommunication networks, gives a definition of extremism, and suggests ways to solve problems in the qualification and organization of the investigation of the crimes in question.

ON SOME ASPECTS OF THE METHODOLOGY OF COMBATING THE IDEOLOGY OF TERRORISM AND CYBERTERRORISM IN THE AMONG RUSSIAN UNIVERSITIES (ON THE EXAMPLE OF THE ALTAI STATE UNIVERSITY)

After the pandemic of the new coronavirus infection, marked by the «lockdowns’ of 2020, the crimesituation both in Russia and in the world has reached a qualitatively new level. We can say that the thresholdof population tolerance predicted at the 12th UN Congress on Crime Prevention and Criminal Justice byV.V. Luneev. Once again, the dialectical law on the transition of quantitative changes to qualitative ones wasconfirmed. It should be noted that this process continues to increase its pace in 2021: all large branches ofcrime are going into cyberspace. On this basis, the strengthening of the interaction of civil society institutionsand law enforcement agencies, especially among the youth, is becoming increasingly important. It is youngpeople who are a potential «risk group» in terrorist and cyber-terrorist crime, primarily as an object ofrecruitment. But it is young people who are the most active users of information and telecommunicationnetworks, including the Internet. In this regard, it seems that the priority lies precisely in the environment ofcivil society institutions that directly work with young people. And one of the main institutions is secondaryand higher education, and it is the network of universities that can become the flagship of the formation ofanti-terrorist ideology and skills in countering cyber terrorism.

Historical autopsy: A contribution to the investigation of State terrorism crimes in Uruguay

Historical autopsy has been defined as the forensic investigation of the cause, manner and circumstances of a death bearing historical, humanitarian or judicial interest, based on the systematization and interpretation of the available information provided by documents and testimonies, when there was no direct access to the corpse or skeletal remains. Its purpose is getting closer to the truth or, at least, discarding some hypotheses or versions. Four paradigmatic cases of political violence in Uruguay that occurred in the 1970s are reported. In all of them, the historical autopsy demonstrated the falseness of official versions and significantly contributed to prove the criminal responsibility of State agents. Three of them correspond to deaths that occurred in the context of torture and the fourth to a military operation with multiple victims. In addition to contributing to court decisions, the psychosocial benefit of clarifying the facts surrounding human rights violations is well known from the perspective of humanitarian forensic action. As with any forensic investigation technique, it requires knowledge of both its scope and limitations.

Legal Rules Concerning Shoot to Death for Criminal Acts of Terrorism in the Perspective of the Principle of the Prejudiction of Innovality

The state in carrying out the life of the nation and state faces threats that come from within the country and abroad. This study aims to find out the legal rules regarding shooting to death for perpetrators of criminal acts of terrorism in the perspective of the principle of the presumption of innocence, where this case has always been a hot issue in Indonesia, especially when we associate shooting to death or being shot on the spot for perpetrators of criminal acts of terrorism with the principle of presumption of innocence. This research is normative in nature with reference to existing books, journals, and laws and regulations. There are several legal rules that form the basis for doing so/shooting death against terrorism crimes are: Article 48 of the Criminal Code, In Article 49 paragraph (1) of the Criminal Code, In Article 51 of the Criminal Code paragraph (1), National Police Chief Regulation Number 8 of 2009 concerning Implementation of Human Rights Principles and Standards. The principle of presumption of innocence also places him in the Burden of Proof or the burden of proof and it is the duty of the public prosecutor to prove the defendant's guilt, unless the proof of Insanity is imposed on the defendant or the law provides strict provisions for reverse proof. The application of the principle of presumption of innocence must also always uphold human rights that must be respected by everyone.

Organization of pre-trial investigation of terrorist crimes

In this article, the author discusses the peculiarities of the organization of the investigation of terrorist crimes, emphasizing that these crimes are particularly dangerous given that they encroach not only on individuals but also on society and the state as a whole. However, the study noted that during the investigation of these criminal offenses, investigators may encounter certain objective difficulties, in particular, it is about psychological factors that affect witnesses to these offenses, as well as the destruction of traces by the explosion and others.The author considers different approaches to understanding the concept of “organization of the investiga-tion”, tending to the fact that it covers a set of measures that are necessary at all stages of the investigation. In addition, a distinction was made between the concepts of “organization of the investigation” and “planning of the investigation”, stating that although they are interrelated, the latter is narrower in meaning. The author also studied the legal framework for regulating the planning of investigations, in particular, the Law of Ukraine “On Combating Terrorism”, Instructions on the organization of pre-trial investigation with other bodies and units of the National Police of Ukraine in crime prevention, detection and investigation, approved by the Order Ministry of Internal Affairs of Ukraine, etc. Investigation planning can include the following stages: creation of an investigative task force; versioning; drawing up a written plan; identification of circumstances to be proved, development of ways, means and methods of investigation; providing the necessary technical equipment; de-termination of the sequence and terms of investigative (search) actions; decision on the appointment of exam-inations; determination of performers; determination of organizational measures for the anti-terrorist operation; plan correction, etc.

Differential Association Theory Overview Against Children of Criminal Acts of Terrorism

This paper examines children as perpetrators of criminal acts of terrorism and efforts to protect children's rights through a criminological policy approach with focus on the principles and norms of criminal law on the rights of children who are perpetrators of terrorism crimes. This normative juridical research uses a statutory, conceptual, philosophical and case approach. The analysis technique uses prescriptive analysis with logic and legal reasoning. The results of the study show that the involvement of children as perpetrators in criminal acts of terrorism is in line with the Differential Association Theory which states that criminal behavior is a learned behavior. In addition, the cause of children becoming perpetrators of acts of terrorism can also be explained through Motivation Theory. There are 2 (two) kinds of motivation, namely intrinsic motivation (internal) and extrinsic motivation (external). Efforts to protect children's human rights as perpetrators of criminal acts of terrorism through the Criminal Policy approach can be carried out with 2 (two) approaches, namely the Penal Policy or efforts to overcome crimes with criminal law and Non-Penal Policies or efforts to overcome crimes outside the criminal law.

Legal problems in confronting digital terrorism. Statistic study

The crime of digital terrorism (terrorism via internet) is a kind of terrorist crimes. The terrorist crime is very old and taken place for a long time in different kinds, but its new kind is digital terrorism took place due to the technological advance witnessed by the world. The terrorist crime could be confronted by the traditional legal texts. Such legal texts cannot face the digital terrorism which means that there should be new legal frame works that enable the societies to face the crime of digital terrorism, terrorism via internet on one hand. This kind of crime is taken place by a means totally different from that terrorist crime before on the other hand. Sometimes these means are considered crimes even there is no action to be punished. The use of internet in certain methods to reach certain goal is formed a crime whether actually there is terrorist crime or not.This means that confronting the crime of digital terrorism entails removing a number of criminal rules even some constitutional criminal principles in order to face such crime and punish the doers. Thus, the rules governing the terrorist crime whether of responsibility or punishment are different from the rules that governing the normal crimes and sometimes are exception of the general rules. This topic has been dealt with from the legal angel with statistics done by surveying to collect data to find out the other legal opinions.

Understanding violent extremism: Socio-demographic, criminal and psychopathological background characteristics of detainees residing in Dutch terrorism wings

In the past decades, Europe has been shocked repeatedly by terrorist crimes. This has led to an influx of suspects and convicts of terrorism in the prison system. The aim of this study is to provide insight into socio-demographic, psychopathological and criminal background characteristics of convicted violent extremists. Retrospective analyses were conducted on primary source data from 82 convicts in Dutch prison terrorism wings. Results showed that violent extremists are a heterogeneous group regarding socio-demographic characteristics. About 60% of the population had previously been convicted of ordinary crimes and a third suffered from a mental disorder. To gain more insight into violent extremists, additional research is needed into motivational and other risk factors. The latter is a necessary step to improve the identification, risk assessment, and effective treatment of violent extremists.

Between Victims of Crime and Victims of Terrorism

In June 2018, a new Reform came into effect in the Judea and Samaria Area (the West Bank; hereinafter “the Area”). For the first time, victims of terror activity that was adjudicated in military courts in the Area, acting under international law, were given statutory rights. These victims were awarded new procedural rights, including the right to receive information regarding the proceedings against the defendant, updates regarding plea bargains, release from prison, and pardon. The rights that crime victims are now entitled to, following the Reform, will allow them to state their opinion on and take part in the proceeding, though not entirely so. The article describes the new Reform regarding victims of terrorism in the Area. It explains the legal, international, and social factors that were at the basis of the Reform. It portrays how these changes are compliant with principles of international law and of foreign legal systems relating to enhancing the protection of crime victims. The article then explores the normative changes expected as a result of the Reform and performs a preliminary evaluation of future developments resulting from its application, de facto. Simultaneously, the article poses criticism to certain aspects of the Reform, such as regarding the enforcement of compensation awarded to victims of terrorism in the Area, and offers suggestions for improvement.