Terrorist Offences Research Articles

Rationale for Terrorism Offences: Comparative study with the provisions of Islamic Sharia

The research deals with the study of the motivating reasons for the commission of terrorism crimes, both at the national, regional and international levels, with a comparative study with the provisions of the Islamic Sharia on this crime. The research showed that there are political, economic, social, intellectual and other reasons that lead to the commission of these crimes and even increase their spread at the level of the state, the region and across the world. The study relied on the descriptive, analytical and comparative approach to reach the desired goal of preparing this research. The study reached a set of results, the most important of which is that the disintegration and lack of cohesion of society may be one of the important reasons for the occurrence of international terrorist crimes. The study also proposed a number of recommendations, the most important of which is the need to work from international and regional bodies to prevent and combat the causes of the occurrence of international terrorist crime.

Youth and Young Terror: Canadian Case Law and the Socio-Carceral Dynamics of Youth and Young Offenders Convicted of Terrorism Offences

Focusing on developments within Canadian jurisprudence, the authors explore significant case law and its impact on our understanding of the challenges faced by youth and young offenders convicted of terrorism offences while navigating the legal and correctional systems. We demonstrate how Canadian law has often failed to address the needs and lived experiences of youth and young offenders convicted of terrorism offences while dealing with legal supports and corrections’ resources. To that end, we scrutinize important Canadian case law. Preliminary findings highlight the inadequate interventions measures, both at the state and non-state levels, available to inmates who have committed terrorism-related offences, as well as question whether such interventions have any reintegrative value for youth and young offenders’ personal growth and desistence upon release. Moreover, institutional deficits, such as the absence of correctional programing leave open the opportunity for re-offending and radicalization upon release. If there is a role for law to play in rehabilitation, a thorough exploration of case law as it relates to youth offenders convicted of terrorism offences is required. In addition to examining Canadian jurisprudence and its impact on understanding the challenges faced by youth and young offenders convicted of terrorism offences, it is crucial to underscore the importance of strong and conventional community ties after release. These ties can significantly mitigate further alienation and extremist tendencies. Socio-legal and carceral recommendations are discussed.

Cyberterrorism as a Real Threat to the National Security of the Russian Federation

Introduction. The rapid change of the real-world situation is affecting our lives at a global scale and at the time of Russia carrying out the special military operation in Donbass the issues of terrorism of any kind are becoming acute. Since the Cold War times our country has not confronted such a hard-line challenge inspired by the unlawful ideology. The cybersecurity challenges and threats have reached such a scale that from the beginning of the 21st century the discussions about the cybercrimes, information warfare and information terrorism have started in the Russian legal field. In this regard, there arises the need for a comprehensive and consistent study of the structural organisation of the today criminal terrorist cyberspace communities. This will enable determining the disseminating potential of the ideological propaganda via Internet (the information and communication network), revealing the scheme of financing the cyber attacks on the critical infrastructural state facilities, and studying the methods and technologies of executing the terrorist offences in cyberspace. The research on cyberterrorism is relevant due to the widespread implementation of the information technologies into the national economy and the state administration authorities’ activities, vulnerability of the software and hardware to cyber threats, development of the international hacker network, and the improved level of organisation of the modern terrorist communities. The aim of the research is to form understanding about cyberterrorism, identify the reasons and determine the specifics of the modern terrorism-oriented cybercrimes in the context of transition to the polycentric world order.Materials and methods. The objects of the research are cyberterrorism and social relations arising from the establishment and enforcement of the cyberterrorism countermeasures in the frame of the criminal law. When conducting the study, the dialectical method of cognition was used as the main one, the general scientific methods of analysis and synthesis, as well as specific juridical methods, i.e. empirical (generalisation of judicial practice, criminal-statistical) and legalistic methods were applied.Results. The current state of cyberterrorism and its place in the structure of the terrorist offences encroaching on the national security of the Russian Federation have been analysed. The provisions of the cyberterrorism countering regulatory documents have been studied. Substantiated conclusions about the reasons for the emergence and dissemination of the terrorist offences in cyberspace have been made.Discussion and Conclusion. The conclusions drawn as a result of the research aim to supplement and expand the scientific knowledge about the essence of cyberterrorism, the reasons for its emergence and functioning in the modern geopolitical conditions, cyberterrorism legal regulation in the frame of the criminal law, as well as to serve the platform for further scientific research in this field.

ENHANCING EU'S RESILIENCE AGAINST TERRORISM: A LEGAL APPROACH

The growth in amplitude and frequency of the terrorist phenomenon at both the European and international levels, in the past years, makes terrorism one of the most significant challenges for European Union's security. Given EU's international ambitions of a significant actor in the field of security (European External Action Service, 2016), this paper approaches EU's responses to terrorism, from a legal point of view. Arguing in favour of the legal instruments as the most appropriate tools to counter the terrorist phenomenon, the aim of this research is to analyse if and how Europe can become more resilient against the terrorist threat, by resorting to legal means. Specifically, the paper seeks to explore how the regulation of the crime of terrorism in international law might foster the resilience of the EU in an increasingly challenging international context. Addressing the issue of terrorism is of high importance taking into consideration the current international context, when Europe is facing again a war and the terrorist offences have significantly increased along with the conflict in Ukraine that started in February 2022 (Institute for Economics & Peace, 2022).

New Zealand’s Adoption of Precursor Terrorism Offences in the Post-March 15 Era

New Zealand’s Adoption of Precursor Terrorism Offences in the Post-March 15 Era

Crimes Against Peace, Humanity and War Crimes as Offences of Terrorist Character under Article 115(20) of Polish Criminal Code

The article analyses crimes against peace, crimes against humanity and war crimes from the perspective of the construction of a terrorist offence under Article 115(20) of the Polish Penal Code. The author discusses the concept of state terrorism in social sciences, such as criminology and political science, and points out the controversies surrounding this concept. This is followed by an analysis of the terrorist offence in the Criminal Code and the arguments supporting the view that the offences in Chapter XVI of the Criminal Code can be regarded as fulfilling the conditions of a terrorist offence. Such a solution implies the application to the perpetrators of such offences of stricter rules for the imposition of punishment and probation measures in accordance with the provisions of Article 65(1) of the Criminal Code.

The Elusive Motive Requirement in Canada’s Terrorism Offences: Defining and Distinguishing Ideology, Religion, and Politics

The Elusive Motive Requirement in Canada’s Terrorism Offences: Defining and Distinguishing Ideology, Religion, and Politics

PUNISHABLE FAILURE TO REPORT A CRIME IN THE POLISH PENAL LAW

Purpose: conducting an analysis of statutory elements of the crime described in art. 240 of the Polish Penal Code (punishable failure to report a crime). Methods: the basic method employed in the analysis is the legal dogmatic method. Results: the analysis indicates that in the event of art. 240 of the Penal Code, the protected object is the judiciary in criminal matters. The duty to report criminal offences (those enumerated in the provision under consideration and terrorist offences) is imposed on anyone who has credible knowledge of the criminal preparation or attempt or commission of such a criminal act. Such a report, addressed to the authority appointed to prosecute criminal offences, must be made promptly. It is a formal offence (not characterized by its effects), individual as to the act, which can be committed in both forms of intent (dolus directus and dolus eventualis). The criminal legislation provides for three cases of exclusion of criminal liability for an offence under art. 240 (specified in art. 240 § 2, 2a and 3). Discussion: there are doubts whether the catalogue of crimes covered by the denunciation obligation is too broad or not. Differences in interpretation arise in the context of a conflict between the need to keep professional secrecy and the obligation to denounce under art. 240 of the Penal Code.

형사절차상 인공지능기반 전자감시의 통제

This study examines the necessity and direction of legal control and human rights protection as electronic surveillance tools in criminal proceedings are expanded based on artificial intelligence technology from a policy and institutional perspective. In particular, the need for control and the search for ways to realize the enhancement of the quality of surveillance contents due to the technological advancement of electronic surveillance techniques should be newly emphasized. The need for criminal procedure control comes from the rule of law, and the direction of control should be to ensure the human rights of citizens. Legal control, including criminal law, should include the improvement of existing relevant legal systems and legislative policies to respond to new problems. As the current electronic surveillance system evolves into an expanded combination of location-tracking electronic devices and fixed video information processing devices (CCTV) as tools for electronic surveillance, the enhanced electronic surveillance system based on artificial intelligence technology will inevitably result in the challenge of reasonable and effective legal and institutional control. The expansion of electronic surveillance tools in criminal proceedings based on A.I. technology should not only reevaluate its effectiveness but also review its legitimacy, as the effectiveness of A.I. technology is overestimated while its risks are underestimated, and it is rapidly being introduced into reality. The urgency is evident in the fact that the expansion of electronic surveillance has not been met with the same level of prudence that has been exercised in the past in relation to drug, sexual violence, and terrorism offenses, as fantasies and expectations of advanced technology can undermine the boundaries of human rights in criminal justice more than fears of crime or the need for safety.

Where do ‘mixed, unclear, and unstable' ideologies come from? A data-driven answer centred on the incelosphere

ABSTRACT In Europe and North America, an increasing proportion of individuals who are referred to de-radicalization programmes, arrested for terrorism offences, or involved in politically motivated violence, present a ‘mixed, unclear, and unstable' (MUU) ideological profile instead of holding a single, clear and coherent extremist belief system. Where do these composite and often inconsistent ideological constructs come from? This paper offers a direct attempt to conceptualize and empirically expose the sources and drivers of the MUU phenomenon, using an in-depth case-study tracing the emergence of MUU ideological constructs from the incelosphere. Based on a theoretical model that acknowledges the interplay of structural-, societal-, and individual-level drivers, we argue that the MUU phenomenon results from (sometimes strategic) individual uses of a specific technological affordance – outlinking – and that these fluctuate in response to significant external events such as the Covid-19 lockdown. Our findings enhance our understanding of recent cases of extremist violence and unlock new targeted avenues for CVE intervention.

Weak State as a Security Threat: Study Case of El Salvador (2014-2019)

Weak State as a Security Threat: Study Case of El Salvador (2014-2019)

Terror and Crime: Anatomy of an Austrian Jihadist Prison Cohort.

Between 2014 and 2018 there was an unprecedented wave of jihadist terrorist activity in Austria that was mostly related to the "Islamic state." Meanwhile, many individuals have been or are gradually being released from prison. While many were able to disengage, two prevented and sentenced foreign fighters planned attacks in Vienna, one of them succeeded. In order to better understand this type of perpetrator, files of a cohort of 56 convicted jihadist terrorist offenders were analyzed. Half of this cohort were foreign fighters or attempted to become foreign fighters, while others contributed for instance by spreading propaganda, recruiting and assuming leadership. Additionally, a focus group with probation officers and an interview were conducted. The results shed light on various sociodemographic variables showing that there was not one specific profile. Rather, the cohort appeared to be very diverse, being comprised of all genders, age groups and socioeconomic backgrounds. Furthermore, a considerable crime-terror nexus was found. Thirty percent of the cohort had had a criminal past before their engagement in violent extremism. A fifth of the cohort had a prison experience before the arrest for the terrorist offense. The criminal offenses of the cohort were typical for the general population of probation clients which backs the notion that many terrorist offenders belonged to the same population and had switched from "traditional" crime to terrorism.

The Tension Between Combating Terrorism and Protecting the Right to a Fair Trial in Indonesia

A consistent criticism of the Indonesian criminal justice system indicates its dysfunctional judicial system plagued by systemic corruption and government interference. Given the high profiles of terrorism offences and their strict punishment, it is essential to maintain consistency in sentencing decisions for these crimes. However, there is a significant lack of evidence-based studies of sentencing in Indonesian courts, and none specifically related to terrorism offences. The aim of this study is to analyse the application of the right to a fair trial in sentencing terrorism offences in Indonesia through the interpretive lens of Southern criminology. This study takes a multi-dimensional approach of historical, legal, and empirical analyses to provide an in-depth understanding of factors that affect sentencing decisions in terrorism cases. First, the historical analysis explains that prosecutions for terrorism today include radical Islamists, minority extremists and separatist groups willing to resort to violence against the state and society to achieve their goals. Second, the legal analysis highlights how the existing sentencing regimes provide limited guidance for judges when determining the appropriate punishment for terrorist offenders, frequently leading to prison sentences exceeding 10 years. Third, qualitative analysis further explains that judges use their discretion to avoid the minimum mandatory sentence in specific circumstances, such as in the case of juvenile offenders. A Southern criminology approach helps explain terrorism sentencing in the broader historical, legal, and socio-political contexts. Ultimately, the way laws are written and how judges determine the sentences of terrorism offences result from the persistent impact of colonialism, authoritarianism, and the 'war on terror' discourse. The case study reveals violations of international human rights rules and standards. Terrorism sentencing practices also exemplify a troubling trend where national security trumps the fundamental procedural rights of terrorist offenders.

TERRORISTS OR LEGITIMATE INSURGENTS? THE TALIBAN STATUS UNDER INTERNATIONAL LAW

The term terrorism is not subject to a universally accepted definition. However, it is generally used to describe the use of violence against civilian targets to spread fear and distress and thereby achieve ideological and/or political objectives. Specific acts of terrorism, whether national or international, have been proscribed by respective laws. The Taliban’s return to power in Afghanistan after Kabul’s collapse in August 2021 has raised an important question: are the Taliban different from other terrorist organizations (e.g., al Qaeda, ISIS)? This debate is significant because the groups share ideological similarities and execution practices; and at present, the Taliban face challenges of both intent and capability vis-à-vis ceasing acts of terror and ending ties with other terrorist organizations. This paper argues that the lack of a universally agreed definition of terrorism may not affect the investigation and prosecution of the Taliban’s terrorist offenses. In this regard, this paper critically appraises three factors—accountability, ties with terrorist organizations, and the inclusion of Taliban members’ names in the global sanctions regime. It also demonstrates why the international community is obligated to take both legal and ‘non-legal’ actions against the Taliban to avoid the normalization of terrorism.

Domestic violence as terrorism: Can control orders succeed where DV orders have failed?

Scholars have recently begun to explore the similarities between domestic violence and domestic terrorism. Both forms of offending rely on the use and threat of violence in conjunction with controlling behaviours to instil fear in their victims, and both forms of offending are predominantly committed by men. Yet despite these similarities, terrorism offences are treated as grave offences against the security of the nation-State, whilst domestic violence is not. The purpose of this paper therefore is to examine whether an amended control order framework – appropriately adapted to the unique criminological roots of domestic violence – might be a better mechanism for controlling these insidious crimes.

Managing Violent Extremist Clients in Prison and Probation Services: A Scoping Review

ABSTRACT The literature on terrorism and the rehabilitation of terrorists is growing continuously, but primary studies of high quality are still scarce. In many countries, the number of clients convicted of terrorist offences is increasing. As such, prison and probation services serve as important actors in the prevention of recidivism and radicalisation. This scoping review identifies viable management and treatment methods and approaches to (a) prevent violent extremism in prison and probation services, and (b) manage violent extremist clients in prison and probation services. The findings of twenty-seven primary studies highlight the importance of so-called soft approaches by building trust and resilience among violent extremist clients, and facilitating their prosocial engagement. Strength-based models could be considered as an alternative to the predominant risk-oriented practices in prison and probation services.

Features of the Voluntary Renunciation of Crimes of a Terrorist Nature

The article deals with the problem of understanding the notes to the articles on terrorist offences, including the problem of their identification as a voluntary renunciation or active contrition. This problem has not been solved in the science of criminal law, on which, in turn, depends the resolution of the question of the applicability of the general rule on voluntary renunciation to crimes of a terrorist nature. Purpose: To determine whether and on what basis the institution of voluntary renunciation can be applied to assess the positive behavior of persons involved in terrorist offences. Methodology: the author applies a systematic method, as well as private-scientific methods of legal hermeneutics, formal-legal. Result: Having considered the normative, doctrinal and law enforcement problems on the subject, the author offers a solution to the following controversial questions: what is the purpose of voluntary renunciation in relation to crimes of terrorist nature? How is the competition between art. 31 and note to article 205 of the Criminal Code of the Russian Federation solved? What is the legal nature of the notes on exemption from criminal liability to the articles on other terrorist crimes? Are there and what are the special features of voluntary renunciation in relation to terrorist offences?

The Effective Prosecution of the Crime of Terrorism and Terrorism Related Offences in Nigeria: Challenges and Prospects

The courts play a crucial role in the fight against terrorism and terrorism financing. Terrorists when arrested are usually brought before a court of law to determine their guilt or innocence, pursuant to section 36 (5), Constitution of the Federal Republic of Nigeria, 1999 (as amended). The section provides that every person who is charged with a criminal offence shall be presumed innocent until he is proved guilty. The Terrorism (Prevention and Prohibition) Act, 2022, created terrorism offences, but is, silent on the mode of prosecution. Against this backdrop is the constitutional safeguard in prosecuting suspects within the confines of the rule of law. The paper seeks to unravel the challenges to effective prosecution of terrorism cases and legal provisions to aid accelerated prosecution of such cases. Why are there low rate of prosecution in Nigeria? The author therefore argues that it is a huge task in the light of prosecutorial duties and challenges in the prosecution of various aspects of terrorism, terrorism financing and related offences such as money laundering in a complex society such as Nigeria. The possibility of trial of terrorist in the International Criminal Court is examined because of the extra territorial nature of terrorism offences. The paper maintains that there are guiding regulations that should assist the prosecutor in the effective prosecution of terrorism offences.

Comparative Study of Section (302) of PPC With Sections (6,7) Of Anti-Terrorism Act 1997 With Relevant Shahzaib Murder Case

The punishment for murder and terrorism offences are addressed in Section 302 of the Pakistan Penal Code (PPC) and Sections 6 and 7 of the Anti-Terrorism Act (ATA) of 1997, respectively. The defendant in the Shahzeb Khan murder case was initially found guilty and given a death sentence under Section 302 of the PPC. The Anti-Terrorism Court later took over the case, and the defendant was once more found guilty and given a death sentence in accordance with Sections 6 and 7 of the ATA. For the crime of murder, Section 302 of the PPC stipulates that the penalty is either the death penalty or life in prison. Murder is described in the section as the deliberate killing of another person without a cause or valid defense. The prosecution must establish beyond a reasonable doubt that the defendant knowingly committed murder without recourse to legal justification or excuse. This research article has tried to analyze both of these statutes in context of Shahzab Murder Case.

Identifying risk factors for Jihadist terrorist offenders committing homicide: An explorative analysis using the European Database of Terrorist offenders.

Although many studies have examined various aspects of terrorism, relatively little is known about risk indicators associated with specific types of terrorist offences. To partly fill this void, this study explores differences on risk indicators of the Violent Extremism Risk Assessment tool (VERA-2R) between 21 Jihadist offenders who were convicted for homicide and a comparison group of 30 Jihadist offenders convicted for other Jihadist terrorist offences. In doing so, we use judicial data from the European Database of Terrorist offenders (EDT). The results reveal that a number of risk and protective indicators differ between both groups. Both terrorist offender groups often expressed grievances about perceived injustice, but the homicide group more frequently expressed anger, moral outrage, or hatred in response to the perceived injustice than the comparison group. The homicide group also identified their attacks more often than the comparison group, and were more actively engaged in planning and preparation them. Additionally, the homicide group was less often motivated to commit their terrorist offences by group belonging compared with the non-homicide group. With respect to the protective indicators, persons in the comparison group more often reject violence as a means to achieve goals. Although further research is necessary, the results from this study indicate that a differentiated approach might be needed for risk assessment and risk management of the terrorist offender population.