Dissertations / Theses on the topic 'Counter-terrorism law'

The purpose of this study was to analyze local law enforcement's counter-terrorism capabilities as it relates to the varying size of United States local law enforcement agencies. Data for the study came from a study entitled "Impact of Terrorism on State and Local Law Enforcement Agencies and Criminal Justice Systems in the United States, 2004". Statistical analysis revealed that there are large disparities in the allocation of resources to intelligence gathering, analyzing, and sharing between smaller local law enforcement agencies and their larger counterparts. Furthermore, smaller agencies are not interacting with federal agencies in a manner consistent with the interactions between larger agencies and federal authorities. However, the study did reveal officers in smaller local law enforcement agencies have undertaken the duties of homeland security on a level commensurate with those in larger local law enforcement agencies.

Nowadays, terrorist crimes are still threatening global security. Since the 21st century, with the rapid development of modern science and technology, such as "Internet +", "big data" and "artificial intelligence", along with the changing political situation of international society, the global distribution of economic benefits, and the global flow of civilization and culture, it has brought about information sharing and a better life in human society. At the same time, it has spawned the form innovation of terrorist crimes. Terrorism is increasingly threatening non-traditional security areas. The non-traditional security theory transcends the concept of national boundaries and the limitations of national sovereignty, and examines the security construction of various countries from the perspective of global security. It focuses on a wider range of fields, a wider vision and a deeper depth, and is a kind of "shared security". Terrorist crimes challenge international authority, national sovereignty and tolerance for crimes, and affect the development of many fields in the world, which belongs to the non-traditional security field. Because of its inherent destructive, violent, dual-purpose, international and decentralized characteristics, for many years, the global defense against terrorist crimes has formed three paths: "war path", "criminal justice path" and "global governance path". From the reality, the path of war is a last resort in the current global counter-terrorism, but it is not worth vigorously promoting. Criminal justice path can effectively reduce the operation cost of counter-terrorism measures, is conducive to the realization of human rights protection, and is the main counter-terrorism means, but it is still insufficient to deal with terrorist crimes, and must be further improved and strengthened. The global governance path is put forward on the basis of effectively eliminating the threats and security problems brought by terrorism on a global scale. It relies on the global countries to form a community of common destiny for all mankind to effectively fight terrorism. Although this goal is far away, it is the fundamental way to completely eliminate terrorism. In the value choice of counter-terrorism, the theory of priority protection of national security and global security has become the main theory from the perspective of non-traditional security. Under the non-traditional security concept, counter-terrorism must first ensure national security, and then pursue individual freedom. Without national security, there is no individual freedom. But at the same time, we should give full consideration to the theory of safeguarding human rights and bottom line justice. The protection of human rights against terrorism from the perspective of non-traditional security must start from three levels: terrorist crimes and human rights protection; the protection of state power and human rights, as well as the protection of terrorists' rights. In a civilized society, even if terrorists are as evil as enemies, they cannot be treated like enemies, but must adhere to the rule of law and guarantee their basic rights. When dealing with terrorist crimes at the international level, we should see that international counter-terrorism faces practical problems such as inadequate legal system, imperfect cooperation mechanism and practical difficulties. By adhering to the main position of the United Nations in counter-terrorism, we should formulate the United Nations Comprehensive Counter-Terrorism Convention and improve the international unified counter-terrorism criminal policy, and finally achieve effective governance of terrorism. At the domestic level, it mainly focuses on the establishment of a comprehensive and effective counter-terrorism mechanism, starting from the counter-terrorism institution building, counter-terrorism platform building and counter-terrorism legal system. The most important thing is to build and perfect the counter-terrorism legal system. By combing our counter-terrorism legal system, we should further polish it from the aspects of defining the basic concepts of terrorism, improving the counter-terrorism substantive law and perfecting the counter-terrorism procedural law. In this process, we must carry out the criminal policy of combining punishment with leniency, and finally realize the balance between security and human rights protection. This thesis is divided into five chapters to study the terrorist crime in the field of non-traditional security, hoping to make a theoretical response to the causes of terrorism, extremism, terrorist crime, terrorist activity crime and the preventive countermeasures in China through such a theoretical review, combing and exploration, especially to provide a useful theoretical reference for the prevention, strike and elimination of such crimes. At the same time, it is also a theoretical clarification of the terrorist crimes, terrorist activities crimes and extremist crimes in the non-traditional security field. Chapter one: this chapter mainly clarifies the relevant concepts, and understands the traditional security theory, non-traditional security theory, terrorism, extremism and separatism from the most basic level; distinguishes terrorist activity crime, terrorist crime and extremist crime, including the discrimination of their concepts, characteristics, types and purposes. More importantly, terrorism, which has been debated over its concepts for a long time, is serious crimes not only endangering the international security, but also endangering the overall national security of China, such as political security, homeland security, military security, economic security, cultural security, social security, network security, science and technology security, information security, ecological security, resource security, nuclear security and so on. The safety of people's lives and property can be ensured only when such crimes are eliminated. The second chapter discusses the causes and harms of terrorist crimes. From the international political level, national religious belief, interest distribution and other perspectives, this chapter analyzes the causes and harms of terrorism. This kind of harm is analyzed from the aspects of international society and domestic society. As far as the harm of international society is concerned, it causes the internal disintegration of the country, causes the internal management of the country out of control, intensifies regional conflicts and wars, people living nowhere, the number of refugees increases sharply, all kinds of serious crimes rise, global economic development slows down, and the number of global crimes increases. As far as the harm of the domestic society is concerned, it intensifies the escalation of national conflicts and the rise of extreme forces, which leads to the instability of social management order, the destruction of social dynamic balance, the general lack of security and trust of the public, the reduction of trust of the whole people, the destruction of social integrity system, and the loss of moral concepts of social groups, which will form the vicious circle of everyone is in danger, or some scholars call it the so-called "mutual harm mode" of modern society. Finally, the terrorist crimes basically spread all over the world, endangering the international political environment and extending to China, resulting in the slow development of domestic economy, the destruction of the inheritance of local cultural system, endangering everyone's own development and individual survival, etc., causing unprecedented disasters in the whole human society, such as environmental degradation, food shortage, water pollution, and trust crisis. Chapter three: expound the value orientation and the path of counter terrorism. The biggest harm of terrorist crime lies in the destruction of global security. Therefore, the value of counter-terrorism in theory is mainly embodied in: the theory of human existence, the theory of international relations, the value theory of priority of global security interests, the theory of dynamic balance between the protection of basic human rights and the strengthening of state power, the theory of principles, rules and systems of international human rights law. Today's "counter-terrorism model" mainly adopts "war model" (military strike), "criminal justice model" (judicial governance) and "global governance model" (social governance) to control, eliminate and combat the spread and frequency of terrorist crimes. However, looking at these models, we can find that the war model basically failed because the United States withdrew its troops from Iraq and other countries, the judicial governance was in the stage of continuous attempt and improvement because of the poor connection of domestic laws of various countries, and the global governance was impressed by various factors among countries, and also became a theoretical system of continuous attempt to break through and improve. At present, the international community has not created a theoretical model that can completely eliminate terrorist crime and terrorist activity crime. Most countries adopt intelligence early warning, rapid elimination, post elimination and other ways to the occurrence of terrorist attacks, in order to effectively control the spread of terrorist extreme ideas, reduce the overall probability of terrorist attacks, and thus continuously weaken the viability of terrorist organizations around the world. Chapter four: the current situation and improvement of international response to terrorist crime. Due to the differences of political ideology and the restriction of interest pattern, the counter-terrorism legal system is not perfect, and it is difficult to form a systematic and effective "international unified criminal code system" or "international unified criminal policy" to regulate international terrorist crimes. In this regard, the international level of the regulation of terrorist crimes should mainly adopt international criminal cooperation, criminal judicial assistance, regional alliances, and other ways (such as the Shanghai Cooperation Organization).Therefore, the conclusion of international conventions is particularly important. Only with legal basis can we realize effective cooperation across national sovereignty. It can not only ensure respect for the sovereignty of all countries, but also help to carry out practical cooperation to deal with terrorist crimes of all countries. Chapter five: expound the path and system construction of dealing with terrorist crime in China. From the perspective of China’s society, it is generally in a period of stable development, but still unable to cope with sudden terrorist attacks. Terrorist attacks happen under the planning of terrorists, so it is urgent to improve the criminal law of China. Over the years, China has preliminarily constructed the main frame of counter-terrorism, and formed a three-dimensional prevention system in the aspects of counter-terrorism stance, counter-terrorism organization setting, counter-terrorism fund control and counter-terrorism Internet supervision. In terms of specific disposal, China has established counter-terrorism organization and platforms, such as information exchange platform, early warning and prevention platform and public division platform. But fighting terrorism according to law is always one of the goals pursued by the rule of law. Although China has established a relatively complete counter-terrorism legal system, the counter-terrorism legislation has certain defects and deficiencies in three aspects: basic concepts, anti-terrorism substantive law and anti-terrorism procedural law. It is found that there are some specific problems in China’s counter-terrorism legislation, such as unclear definition of basic concepts, poor convergence of laws in the field of counter-terrorism substantive law, confusion of identification subject and procedure in the field of counter-terrorism procedural law, confusion of administrative power and criminal investigation power, and poor procedural independence. The definition of the basic concept should strictly abide by the behavior theory of objectivism criminal law, and should be expanded in combination with international practice to cover specific cases from the literal and theoretical extension of the articles. In the field of counter-terrorism substantive law, the power boundary between administrative law and criminal substantive law should be clarified, and legislative conflict of jurisdiction should be solved, strictly implement the concept of modesty of criminal law, and correctly define the specific boundaries between administrative illegal activities and criminal activities, as well as between incriminating and discharging crimes. The choice of procedural legislation of mixed model in the field of counter-terrorism procedural law should conform to the trend of the world, clarify the compartmentalization of subjects, ensure the smooth internal connection of the whole procedure, and establish a special prosecution procedure. At the same time, we insist on using criminal policy of combining punishment with leniency to guide our counter-terrorism practice, and finally realize the balance between counter-terrorism and human rights protection In a word, based on the complexity of criminal phenomena, the diversity of criminal patterns and the differences of social development patterns, considering the rigor and diversity of the theoretical research of criminal law, we should take a dynamic and open concept to study the criminal law of terrorist crime and terrorist activity crime, and adopt a multi-dimensional research approach.

Biopolitics is a concept that, much like the apparatus it refers to, has kept evolving ever since Foucault coined its modern meaning in 1976. Its usage and interpretation have especially changed with the recent publication of The Birth of Biopolitics and Society, Territory, Population, books that helped expand its perceived field of application, specifically vis-à-vis the modern governmental rationales of neo-liberalism and, by association, neo-conservatism. In a separate development, the Western dispositif (apparatus) of biopolitics has undergone a dramatic transformation as a result of the terrorist attacks of 9/11, attacks after which, to quote Donald Rumsfeld, ‘everything changed’. My thesis takes both of these developments into account and provides a critical exploration of contemporary biopolitical US counter-terrorist measures. Emphasis is placed on a contextual juridico-political analysis that sheds more light on the complex interrelations between the relatively novel biopolitical dispositif and the classical legal dispositif of sovereignty. This is accomplished by a two-part empirical genealogical study that traces some of the pivotal judicial changes that have resulted from the counter-terrorist measures introduced in the wake of 9/11. It proposes that the PATRIOT Act, one of the primary legislative tools introduced after 9/11, is a distinctively ‘bio-legal’ document that allows for the integration of the biopolitical discourses of pre-emption, exception and contingency within the existing legal framework. I argue that this is a genuinely novel development that significantly alters the intersection of biopolitics, geopolitics and law. The second part of the empirical analysis presents a detailed interrogation of the legal disputes that involve the detention facility at Guantanamo Bay and, over the course of three key legal cases, shows that, even though the logic of biopolitics has now established a foothold within the US juridical system, the classical apparatus of Sovereignty still plays a decisive role in US governance. My key arguments are preceded and supported by an extensive overview of the notion of biopolitics, both as it was first introduced and developed by Foucault over the course of five publications, and as it is currently being used by key contemporary social theorists, especially insofar as this usage relates to the changes in Western politics after 9/11. Overall, the thesis provides a profound interrogation of the epistemic status of biopolitics, and it supplements this purely theoretical analysis with a detailed overview of how biopolitics and sovereignty interact in practice through the mechanism of the law, in the context of US counter-terrorist policies after 9/11.

Although both Canada and the United Kingdom had experienced terrorism prior to the attacks that occurred in the United States on September 11, 2001, Roach has argued that the events of that day ‘produced a horrible natural experiment that allows us to compare how international institutions and different countries responded’. Arguably, the most significant international response post-9/11 was the United Nations Security Council Resolution 1373, which set a 90-day deadline for states to implement measures in accordance with the Resolution. Despite the fact that both Canada and the United Kingdom already had in place extensive provisions to deal with terrorism, both countries responded swiftly and their legislative responses reflect the histories and legal, political and social cultures of each country. This thesis tests the hypothesis that national security remains a bastion of national sovereignty, despite the force of international legal instruments like UN Security Council Resolution 1373 and, as such, the evolution of counter-terrorism policies in different jurisdictions is best analyzed and understood as a product of local institutional structures and cultures. To test this hypothesis, this thesis engages in comparative analyses of legal and political structures and cultures within Canada and the United Kingdom. It analyses variations in the evolution of counter-terrorism policies in the two jurisdictions and explores the domestic reasons for them. In its analysis of security certificates and bail with recognizance/investigative hearings in Canada, and detention without trial, control orders and TPIMs in the UK, this thesis reveals how domestic structures and cultures, including the legal system, the relative stability of government, local human rights culture, and geopolitical relationships all influence how counter-terrorism measures evolve.

Thesis (M.A. in Security Studies (Homeland Security and Defense))--Naval Postgraduate School, March 2006.
Thesis Advisor(s): Christopher Bellavita, "March 2006." Includes bibliographical references (p. 95-98). Also available online.

Includes bibliographical references.
This thesis explores the impact of counter terrorism measures on human rights in Kenya and Uganda. It identifies terrorism as a global problem and reviews its common features. It recognises that the human cost of terrorism has been felt in virtually every corner of the world. It analyses the nature and scope of trends of terrorist activities in Kenya and Uganda, offers possible reasons for the increase of incidents of terror and considers the challenges in combating terrorism in these countries. The thesis outlines the fundamental freedoms that are most commonly engaged in the fight against terrorism and describes states’ obligations in respect of those rights. It recognises that a significant effect of terrorist activity is the tendency to pit security against human rights. It demonstrates that legislation intended to strengthen anti terrorism efforts raise serious concerns in relation to international and domestic human rights law. The thesis investigated one central concern: How does the implementation of counter terrorism measures impact on human rights in Kenya and Uganda? To answer this question, the study sought to investigate several related questions: In the enforcement of counter terrorism measures, is it possible for governments to play by the constraints of the rule of law? Is freedom during times of emergency as important as during peacetime? Is it possible and practical to observe art 4 of the ICCPR in the war against terrorism or should a lower threshold be established?

The UN-sponsored international conventions on terrorism and organised crime deal with a specific type of criminality which spreads across national frontiers. The suppression of these crimes is possible through state cooperation in extradition and mutual legal assistance. Hence, the object of these conventions is to facilitate law enforcement cooperation. To achieve this aim, the conventions have established certain mandatory obligations in order to ensure harmony among the legal systems of states parties with a view to make them conducive to law enforcement cooperation. Harmony is needed to satisfy certain requirements of extradition and mutual legal assistance proceedings which necessitate similarity in the legal systems of the requesting and requested states. These requirements can be classified into distinct categories of conditions and procedure. Conditions refer to conditions associated with the principle of reciprocity or exchange of comparable favours, upon which the laws and treaties on extradition and mutual legal assistance are based. It demands similar legal prescriptions or equivalent conceptions of justice under the laws of the requesting and requested state with respect to the act concerning which surrender or interrogation is sought. To enable the parties to satisfy conditions, the international conventions impose mandatory obligations to implement their rules concerning jurisdiction, criminalisation and fair treatment. Procedure implies the procedure of applying or executing the enforcement devices of aut dedere aut judicare and confiscation of the proceeds of crime. The application of both these devices necessitates similarity in the laws of the requesting and requested states with respect to procedure of enforcement. Similarity is needed to ensure that a foreign request may not be refused due to the requested state lacking enabling procedural rules or the request not being consistent with its procedural law. To establish similarity, the conventions impose mandatory obligations to implement the mechanisms of aut dedere aut judicare and confiscation of the proceeds of crimes. This thesis critically examines the impact of these obligations on state cooperation in bringing to justice transnational offenders. The central argument of the thesis is that the mandatory obligations under the counter-terrorism and organised crime conventions are required to be implemented in accordance with and, to the extent permissible, under the national law of state parties. Accordingly, when they are translated domestically, they do not achieve a level of harmony, sufficient to facilitate the fulfilment of the requirements of extradition and mutual legal assistance, i.e. ‘double conditions’ and procedural similarity needed to enforce aut dedere aut judicare and confiscation. Resultantly, discretion rests with the requested state to grant or refuse cooperation depending upon its political and diplomatic relations with the requesting state. This contradicts the objective of facilitating law enforcement cooperation in the specific context of borderless or transnational crimes. Following this approach, state cooperation concerning transnational crimes remains as discretionary and as unregulated as cooperation in regard to ordinary crimes. This calls into question the utility of reliance on mandatory obligations as tools to facilitate law enforcement cooperation. As an alternative, some bilateral/regional treaties and domestic laws adopt the strategy of relaxing ‘double conditions’ and simplifying the procedure of applying aut dedere aut judicare and confiscation. This strategy also aims at facilitating law enforcement cooperation; however, it takes the route of regulating the requirements of extradition and mutual legal assistance rather than harmonising national justice systems to make them conducive to their demands. Given that this system carries greater potential for facilitating law enforcement cooperation, this thesis recommends that the makers of the international counter-terrorism and organised crime conventions should substitute or complement the mandatory obligations with it. Significantly, states have, by agreeing not to apply political and fiscal offence exception to extradition and interrogation proceedings involving these crimes, shown their willingness to accept this approach of facilitating law enforcement cooperation in the specific context of transnational crimes.

Terrorism, in one way or another, touches everyone's lives. Its affect could be as small as watching media stories on the nightly news and waiting longer in a security line at the airport or as significant as losing a loved one in an attack. As individuals come to grips with living with increased terrorist violence, individual nation-states and the international community have to prepare themselves to prevent, react to, and counter terrorism. This thesis examines whether international law provides an adequate framework for states victimized by terrorism to respond within the law. It highlights how international law currently addresses terrorism and the benefits and disadvantages of applying national and transnational criminal law and international human rights law compared with international humanitarian law to terrorism. Three case studies, the 11 September 2001 attacks on the United States, the 5 September 1972 attack against Israeli athletes in Munich, Germany, and the 11 March 2004 bombings of the train system in Madrid, Spain, investigate how international law has been used in actual terrorist incidents, lending insight into how international law has been interpreted and used in the face of terrorism. They also allow analysis of other factors besides international law that impact a victim-state's response. Finally, this thesis proposes criteria that can be weighed by victim-states and the international community in order to develop an appropriate response to terrorist incidents and recommendations for modifications to international law that will maintain international law's relevance as the international community fights terrorism.
Master of Arts

The purpose of this thesis is to determine whether the Security Council has opened a new avenue for law-making at the international level by adopting resolutions under Chapter VII of the UN Charter which create new norms of international law or modify international norms already in force (the normative resolutions). The normative resolutions analyzed in this study pertain to the areas of counterterrorism and the non-proliferation of weapons of mass-destruction. The new approach of the Security Council has been examined in light of the Third World Approaches in International law (TWAIL), as well as from the viewpoint of mainstream lawyers. Furthermore, 15 years of State practice relating to the implementation of these normative resolutions has been studied with a view to determining whether subsequent State practice confirms the exercise of a law-making function by the Security Council. Despite some incremental success in promoting international standards in the fight against terrorism, this thesis illustrates that the Security Council has not succeeded in introducing a new viable form of law-making. The Security Council’s authority to exercise such a function is now under serious doubt and its legitimacy questioned, as its normative resolutions were improperly initiated and adopted under the influence of a Permanent Member of the Security Council. Furthermore, the Security Council’s intervention in areas that are already highly regulated runs the risk of contributing to the fragmentation of international law—a phenomenon that undermines the coherence of international law. Currently, the Council’s normative resolutions are facing serious challenges at the implementation stage and several proceedings before national and regional courts have either directly challenged the normative resolutions, or questioned their enforceability. The Security Council is under continued pressure to further revise its practice or potentially face additional challenges before national, regional, and even international courts which may annul or quash relevant implementing measures. Thus, in light of relevant State practice, it is almost inconceivable that the Security Council would repeat its use of normative resolutions as a means of law-making in the future. Nevertheless, the increasing powers of the United Nations Security Council also stimulates an increasing demand to hold the United Nations accountable for the possible wrongful acts of its principal organ, particularly when its decisions harm individuals. It is argued that in the absence of a compulsory judicial mechanism at the international level, non-compliance with the Council’s decisions is the only viable way to challenge the Security Council wrongful acts. Yet, non-complying State or group of States should clearly identify their actions as countermeasures vis-a-vis ultra vires acts of Security Council and seek support from other like-minded States to avoid being declared recalcitrant, which may be followed by Security Council sanctions.

The death of Ian Tomlinson at the G20 protests in London in April 2009 triggered a haemorrhaging of public confidence in public order policing. The protests were swiftly followed by a plethora of official inquiries and reports tasked with investigating the legitimacy of existing public order policing tactics and the associated mechanisms of accountability. Events since Tomlinson’s death indicate that this is an issue that is unlikely to dissipate any time soon. Dramatic footage taken during the 2010-11 student protests, including police officers charging protesters on horseback and dragging a disabled activist from his wheelchair, attracted widespread condemnation. The on-going revelations into the activities of undercover police officers suggest that such practices may be the tip of the iceberg. These disclosures have caused a serious crisis of legitimacy for an institution supposedly founded on a principle of ‘policing by consent’. Paradoxically, these developments have occurred during a period in which the right to protest is for the first time reflected in law. In October 2000 the much trumpeted Human Rights Act 1998 (HRA 1998) came into force in England and Wales, incorporating into domestic law the rights and freedoms enshrined in the European Convention on Human Rights (ECHR). Although the ECHR does not establish a legal right to protest per se, it does guarantee positive rights to “freedom of expression” and “freedom of peaceful assembly”, as well as prohibiting arbitrary state interferences with an individual’s liberty and security, thought, conscious and religion and right to privacy. The HRA 1998 appeared to mark a radical departure from the traditional approach and was celebrated as signalling a “constitutional shift” in the state’s approach towards public protest. A principle aim of this thesis is to examine the impact of the HRA 1998 on the regulation of public protest in England and Wales. Whilst a growing body of academic literature has analysed public order law and policy against abstract human rights principles, relatively few have attempted to ground the analysis in the experiences of protesters. This thesis seeks to begin to fill this lacuna. Moving away from a doctrinal analysis of human rights law, I utilise a socio-legal framework to examine contemporary developments in the regulation of public protest in the context of a view from below. Drawing on extensive ethnographic data and analyses of policy documents, newspaper reports, case-law, legislation and Hansard, I adopt a critical normative perspective to assess the legitimacy of the current restrictive interpretations of human rights principles in legal, political and policing-policy discourses.

The issue of citizenship deprivation has become an increasingly relevant topic in the struggle against terrorism. It is related to different conceptions of citizenship as well as the question of what is at stake in the process of depriving individuals of it. In the United Kingdom three acts have been passed in the 21st century so far that has reduced the requirements needed for the to deprive individuals of their citizenship and also to render individuals stateless. This thesis systematises the arguments made in the academic and political debates related to these acts and evaluates their legitimacy in relation to different normative standpoints. The main conclusion regards a logical inconsistency in the differentiation of two types of British citizenship, one where individuals have naturalised, the other where they are native born Britons, the latter may not under British law be rendered stateless while the former can be, although both have the status of citizen, which becomes problematic in terms of equality before the law and equal rights.

This thesis assesses the UK Terrorism Act 2000’s stop and search and pre-charge detention powers against liberty and security rights. It proposes that criminalizing ‘terrorism’, and legitimacy of counter-terrorism laws, depends on moral and legal norms defining legitimate sovereign power. External norms of territorial sovereignty and non-intervention define and legitimize external defensive actions by the state to protect nation state security. Individual liberty and security rights, specifically pursuant to article 9, ICCPR and article 5 ECHR, have a special moral and legal status externally, but are not universally determinative of sovereign legitimacy. The thesis argues that these external norms accommodate contrasting paradigms of internal legitimacy, the ‘security state’ and the ‘liberal state’. Conceptually, sovereign legitimacy in the former is grounded on heteronymous collective or ideological values, grounding fundamental obligations legitimizing ‘balancing’ of individual liberty and security against security of those ultimate norms. The ‘balancing metaphor’ and exceptionalist theories are conceptually located within the security state paradigm. Conversely, political and individual autonomy (liberty and security of the person) circumscribe legitimacy of liberal state action, grounding fundamental obligations to prevent and punish harms, and to refrain from violating individual autonomy unless justified by those obligations. Liberal rule of law standards, including due process rights, are legitimized by the instrumental role of law as the primary source of justification in the liberal state. Evaluating the policy justifications, enactment, and scope of the TA provisions against those norms, the thesis concludes they contradict liberal norms, violate international norms and individual legal rights to liberty and security, and undermine the rule of law and due process rights. The pre-emptive counter-terrorism policy, balancing national security against individual liberty, and degradation of due process rights, belies a security state approach.

Even though terrorism has been on the political agenda for several years there is no general accepted definition of the phenomena of terrorism. Several scientist do also apply that terrorism have changed after the 9/11-attacks. The purpose with this thesis was to analyze and compare the image of terrorism represented by the United States, United Kingdom, Sweden and Norway, in an attempt to draw conclusions about similarities and differentials. The material that was used was these four nations individual counter terrorism strategy. This was made by using idea analysis and self constructed dimensions based on earlier science about security, terrorism and international law. A result of this study showed that there is a consensus about terrorism as a high existential threat because of the religious extremism that is related to Al Qaeda and justifies mass murder and have showed attempt to acquire weapons of mass destruction. On this adoption the nations in this study justifies extraordinary actions in cooperation against global terrorism. It is however some differentials about the means to counter this threat. The United States, United Kingdom and Norway describes in their strategy that the threat of Al Qaeda and its allies should be met by military force. United Kingdom describes that the military action is to consider as an exception based on the extraordinary threat that Al Qaeda poses. Sweden on the other hand shows a description of terrorism as a criminal act that should be met by national measures.

The terrorist attacks of September 11th 2001 had a significant impact upon how governments counter terrorism. The UK introduced and implemented an array of measures, each taking a pre-emptive and preventative approach, to tackle terrorism. The change in counter-terrorism law and policy post-9/11 has, as this thesis will show, increasingly become reliant upon fear-based risk and uncertainty rather than evidence-based guilt. This thesis will examine some of those UK measures used post-9/11, which were seen as some of the more controversial measures. When analysing each measure there will be an assessment of the human rights issues associated with those measures, specifically under Article’s 5 and 6 of the European Convention on Human Rights. The assessment of these rights with each measure will provide a legal understanding of the wider academic and legal implication of those measures, these include the right to a fair trial. Having assessed the human rights implications of each measure, a risk assessment is undertaken. This enables further analysis of each measure and holistically identifies the wider risk implications of such counter terrorism measures. Such risks may include negative perceptions of the police, the UK or provide indirect support for the radicalisation of new terrorists. This process is developed within the thesis and becomes known as the ‘tri-relationship'. Throughout, the measures examined will be seen to erode those human rights principles ordinarily guaranteed by the criminal justice system, for example liberty. Instead, the measures give way to a new counter-terrorism justice system which has become increasingly normalised by the measures introduced and accepted by the courts. This is despite the implications on human rights and risks involved. This thesis will show that the measures introduced by the UK to achieve securitization, fail to achieve the long-term protective aims of the UK Counter-Terrorism Strategy.

To what extent the legitimate aspiration of the States to prevent terrorist attacks can go further? This is one of the main issues that modern democracies must face. In this scenario, this PhD thesis proposes a comparative study on preventive counter-terrorism measures targeted on suspected terrorists within a human rights’ approach, in the searching of the “sustainable prevention”. After the study of Italian preventive counter-terrorism law from different perspectives, a small "field research" and the analysis of the UK counter-terrorism system, the Author uses the proportionality principle to suggest some corrective mechanisms for a more sustainable balance between freedom and security.

Médiatiques, les volets policiers et judiciaires de la lutte contre le terrorisme éclipsent une composante essentielle à sa structure : le financement.Nerf de cette guerre des temps modernes, le financement du terrorisme est un indicateur pertinent des mutations du phénomène terroriste. Originellement étatique, nous assistons, depuis 1989 et l’émergence de la nébuleuse « Al Qaida », à la privatisation du terrorisme et de son financement. De nature transnationale, le terrorisme contemporain et sa contingence de flux financiers échappent au contrôle des Etats.Dès lors, lutter contre le financement du terrorisme nécessite de renverser la primauté du stato-centrisme, ce qui s’oppose aux positivistes volontaristes (Hegel, Jellinek, Triepel, Anzilotti, Comte) au profit des positivistes objectivistes (Durkheim, Duguit, Scelle, Politis).Par conséquent, comment lutter juridiquement contre le financement du terrorisme ?Depuis le 11 septembre 2001, force est de constater que le Conseil de Sécurité des Nations Unies tente de se comporter en ‘’législateur mondial’’ : adoption, particulièrement en matière de terrorisme, de résolutions à la puissance normative non contestée en droit international. Si l’échelon étatique ne peut endiguer le financement du terrorisme, le Conseil de Sécurité, autorité supranationale, dispose de l’omniscience nécessaire pour guider les Etats dans cette lutte.De surcroit, depuis plusieurs années, face à l’utilisation de financements de plus en plus complexes et devant l’inanité des Etats, une myriade d’acteurs infra-étatiques (GAFI, Groupe Wolfsberg, Comité de Bale…) intervient dans la règlementation financière internationale. Dépourvus de pouvoir de coercition, ces acteurs et leurs ‘’recommandations’’, ‘’guides de bonnes pratiques’’, ‘’standards’’ et autres textes, a priori dénués de force normative, trouvent paradoxalement un écho saisissant dans les législations nationales.La nouvelle puissance normative du Conseil de Sécurité en matière de lutte contre le financement du terrorisme et l’intervention d’acteurs infra-étatiques dans la règlementation financière internationale sont symptomatiques des relations nouvelles entre le droit international (ou droit transnational) et le droit interne, le premier étant aujourd’hui en capacité d’influencer le second, voire de se substituer à lui.Toutefois, l’émergence soudaine de « Daech » sur la scène internationale en 2014 a donné naissance à l’acte trois de l’histoire du financement du terrorisme : après la tutelle étatique des financements terroristes puis la privatisation de ces derniers, la territorialisation de l’économie terroriste marque un nouveau chapitre du terrorisme contemporain. Bouleversement paradigmatique, ces nouvelles méthodes de financement fragilisent l’édifice règlementaire bâti en réaction aux méthodes précédentes incitent à une actualisation du droit international, comme un nouvel impératif catégorique
Media coverage of terrorism through its police and judicial components outshines an essential component to its structure: the funding.Money is naturally the crux of this modern-day war. Moreover, terrorist financing is a relevant indicator of the mutations of the terrorist phenomenon. Originally state sponsored, we have been witnessing, since 1989 and the emergence of the nebula "Al Qaida", the privatization of terrorism and its financing. Transnational in nature, contemporary terrorism, and its contingency of financial flows, are beyond any kind of state control.Therefore, fighting terrorist financing requires to overthrow the supremacy of stato-centrism theories, which ultimately opposes the positivist voluntarists (Hegel, Jellinek, Triepel, Anzilotti, Comte) for the benefit of the objectivist positivists (Durkheim, Duguit, Scelle, Politis).Consequently, how to fight terrorist financing nowadays?Since September 11, 2001, it has been clear that the United Nations Security Council has been trying to behave like a "world legislator". If the state level cannot stem terrorist financing, the Security Council, supranational authority, has the necessary omniscience to guide the states in this fight.In addition, for several years, because of a complex financing and of the States inanity, a myriad of infra-state actors (FATF, Wolfsberg Group, Basel Committee ...) intervenes in the financial regulation. Although these actors do not have any power of coercion, their "recommendations", "guides of good practices", "standards" and other texts, a priori devoid of normative force, paradoxically find a striking echo in national legislation.The new normative power of the Security Council in the fight against terrorist financing and the intervention of infra-state actors in the international financial regulation are symptomatic of the new relations between international law (or transnational law) and internal law, the first being able today to influence the second, or even to replace it.However, the sudden emergence of "ISIS" on the international scene in 2014 gave rise to Act Three in the history of terrorist financing: after the state tutelage of terrorist financing and the privatization of the latter, the territorialization of the terrorist economy marks a new chapter in contemporary terrorism. These new methods of financing weaken the regulatory edifice constructed in reaction to the preceding methods and incite to a modernization of the international law, as a new categorical imperative

L’évolution des technologies de l’information et du transport a favorisé l’action transnationale du terrorisme, exigeant une réponse étatique qui prenne en considération le mouvement transfrontalier des terroristes. Cette réponse s’est traduite dans le cas les États‐Unis et de l’Espagne par l’introduction de dispositifs de lutte antiterroriste dans le droit migratoire et d’asile. Les dispositifs de lutte antiterroriste insérés aux États‐Unis sont cohérents avec la tradition migratoire interne tandis que ceux introduits par l’Espagne sont cohérents avec le droit international, par le biais de l’introduction des règles de l’UE. La doctrine internationale a aussi justifié l’adoption de ces dispositifs, invoquant les théories du contrat social et de l’exceptionnalisme souverain. Pourtant, l’introduction de ces dispositifs de lutte antiterroriste par les pays étudiés répond à un processus de confusion des buts et des moyens de lutte contre la criminalité et la migration illégale ou crimmigration. Ces dispositifs ne sont pas très efficaces pour lutter contre le terrorisme, malgré leur présence continue pendant le contrôle migratoire et le traitement des demandeurs d’asile, mais ils sont utiles pour lutter contre l’immigration illégale et préserver la «stabilité culturelle». De fait, ces dispositifs font partie d’un système sélectif de surveillance qui a impliqué la création d’un droit migratoire et d’asile «de l’ennemi», qui conçoit l’étranger comme une source de danger justifiant l’octroi d’un traitement qui le dépersonnalise, permettant à l’État d’atteindre symboliquement ses buts et, éventuellement, d’obtenir de la légitimité vis‐à‐vis de la population autochtone
Advances in information and transportation technology support transnational terrorist action and require a state response which takes into account the transnational terrorist movement. This response resulted in, for the United States and Spain, immigration and asylum measures that are part of counter‐terrorism strategies. American migratory and asylum measures to combat terrorism are consistent with American migratory tradition and foreign policy, while Spanish measures are consistent with international law, though in conformity with European law. The international doctrine has also justified the adoption of these measures on the basis of social contract and sovereign exceptionalism theories. However, the adoption of migratory and asylum measures to combat terrorism is part of a process of criminalization of migratory law also known as crimmigration. The migratory and asylum measures undertaken to combat terrorism have not been effective in eradicating terrorism, despite their continuous presence during migration control and treatment of asylum‐seekers, though they are valuable instruments for action against illegal migration and preserving cultural "stability". In fact, they are part of a surveillance system of alien people. The construction of this system implies the creation of an "Enemy" migratory and asylum law that considers the alien as a risk to security and consequently gives the alien an exceptional treatment which results in the loss of its legal personality. This "Enemy" migratory and asylum law enables the State to symbolically achieve its goals and obtain a new source of legitimacy

On the particular example of the US new motto of the foreign policy after 9/11 --War on Terror I am trying to refer to the work of the non-profit organization Amnesty International in the field of the international relations. I am pointing out its importance in the decision-making process of the political elites. My intention is to find the correlation between the persuasion of the American population in relation to its leadership or leaders based on the expressed promises in the election campaign. As the object of my work I have chosen the current US President - Barack Obama whose one of his five main promises declared in the campaign was to defeat the terrorism, detain and adequately punish the masterminds of attacks from the September 2001 for the committed crimes. This point comprises the significant change from the approach of his predecessor and so the closure of the Guantanamo military base as a symbol of modern torture and denial of human rights which serves as a detention camp for the suspects of terrorism for more than 14 years now. This was a daring commitment but he gained millions of supporters thanks to it. This option comprised the expectations of sophisticated solutions for tens of substantial issues, including meeting the objective of punishment of the terrorists and establishment of deterrent precedent for any other similar attempts. Obama failed to accomplish it.

Les prises d’otages sont nées le jour où l’homme a compris qu’il pouvait manipuler le lien émotionnel unissant deux individus afin de les forcer à lui céder une contrepartie. Forme de criminalité aussi ancienne que complexe, la prise d’otage fascine autant qu’elle inquiète depuis que les victimes sont régulièrement sacrifiées sur l’autel du conflit opposant ravisseurs et autorités négociatrices. À l’inverse de l’impact médiatique hors-norme qu’elles génèrent, ces crises semblent susciter une relative indifférence auprès des juristes et de la doctrine. Ce sujet qui semble échapper au droit touche pourtant à sa raison d’être : la protection du plus faible, la recherche du bien commun et de la paix. Ces travaux de recherches essaient de poser les jalons d’une réflexion juridique sur les questions allant de l’usage de la force armée en opération de sauvetage à la légalité des rançons en passant par la négociation de crise ou le rôle du juge. Les hypothèses émises sont systématiquement confrontées à l’avis des opérateurs rencontrés dans le cadre de ces travaux. In fine l’auteur pose un regard prospectif sur le cadre juridique entourant les opérations de sauvetage d’otage. À travers ce prisme cette thèse questionne les limites de l’État de droit et les appareils antiterroristes de nos sociétés
Hostage-taking began when man realized that he could manipulate the emotional bond between two individuals in order to force their hand and obtain an advantage. Hostage-taking is a crime extremely old and complex. It has started to fascinate our societies so much since victims have begun to be regularly sacrificed by kidnappers and negotiating authorities alike. Unlike the extraordinary media frenzy they generate, these crises seem to arouse relative indifference among lawyers and doctrine. This subject, which seems to elude the law, touches on its raison d'être: the protection of the weakest, the search for the common good and peace.This research work attempts to lay the groundwork for legal reflection on issues ranging from the use of armed force in rescue operations, to the legality of ransoms, to crisis negotiation and the role of the judge. The hypotheses put forward are systematically compared with the opinions of the operators met in the course of this work. Finally, the author takes a forward-looking look at the legal framework surrounding hostage rescue operations. Through this prism, this thesis questions the limits of the rule of law and the anti-terrorist apparatus of our societies

This thesis investigates how and why U.S. policies and agencies are ill-equipped to respond to narco-terrorism and offers some policy recommendations for remedying that. Narco-terrorism is the merging of terrorism and drug trafficking. Terrorist organizations and narcotics traffickers each have much to offer the other; there is potential for symbiosis in the form of cooperation and even hybridization. Examination of the dynamics between terrorist organizations and drug traffickers, combined with an evaluation of the US responses to narcoterrorism in Colombia and Afghanistan, makes it clear that current US policy responses fail to recognize narcoterrorism as a unique challenge, and instead attempt to deal separately with terrorism and drug trafficking. This approach has the potential to actually worsen both situations. The US needs a narcoterrorism strategy and institutions in place to implement it.

This thesis examines how the ‘terrorist’ label affects those that are labelled by this designation, particularly with reference on a subsequent choice to use violence in the context of an ethno-nationalist conflict. Drawing on the PKK as a case study, the study asks: what effect did the labelling of the PKK as a ‘terrorist organisation’ by the Turkish government have on the use of violence by Kurds in the Turkish-Kurdish ethno-nationalist conflict? The invocation of the label terrorist in any conflict often means both the labeller and the labelled are predisposed to use violence. This study argues that this process of labelling leads the labeller and the labelled to frame one another as an existential threat. To date, the effects of using the label ‘terrorist’ in an ethno-nationalist conflict context remain relatively understudied in both social and political sciences. The period under analysis extends from 1992 to 2015, corresponding to the period during which the Turkish government continuously designated the PKK as ‘terrorist’. In conflict discourse, belligerents use demeaning labels against each other to gather support, legitimacy or simply to increase combatants’ morale. The study argues that the label terrorist is a constituent element of the conflict. The Turkish government uses the label terrorist as a tool to securitise the Kurdish-Turkish ethno-nationalist conflict. The Turkish government’s labelling of the PKK as ‘terrorist’ places the Kurdish issue in the broader framework of securitisation, a theory in International Relations. While securitising the Kurdish issue has bestowed more powers to the Turkish government to combat violence described as ‘terrorist’, the resolution of the ethno-nationalist conflict became increasingly more complex leading to protracted waves of violence. Analysing data collected through semi-structured qualitative interviews with Kurds from Turkey, the study reveals that the impact of the label terrorist is far more complex than previously assumed in the existing academic literature. The specific effects of the label terrorist on any given conflict, however, are the subject of an empirical question to be settled through rigorous research. Drawing on the Labelling Theory of Deviance fathered by Howard S. Becker and complemented by discourse analysis, this study finds that the application of the label terrorist against the PKK increases the perception of victimization among its wider Kurdish community. Secondly, the research demonstrates that the invocation of the label terrorist against the PKK places the group’s actors and sympathizers in a situation that makes it harder for them to engage in peaceful means of resolving the conflict. The interplay between these two consequential effects of victimisation and political exclusion leads to the conclusion that there is an indirect relationship between designating an ethno-nationalist armed group ‘terrorist’ and the choice to use violence.

碩士
淡江大學
國際事務與戰略研究所碩士班
95
Addressing in the 21st century the terrorism phenomenon is a very complex and challenging task. While condemnation of terrorist acts by the international community has been unanimous and unequivocal, efforts to control this phenomenon have been marred by different approaches. A number of key issues remain unresolved and the solution has been further complicated by the emergence of new forms of terrorism. The challenge that the international community faces is transforming the statements and well-elaborated declarations of terrorism condemnation into concrete measures (legal, political, military) that can effectively address the very negative effects and consequences of terrorist acts that influence the international relations. “The international relations and the transitional process” is the introduction to the study of “Terrorism and International Law” that is followed by the description of what terrorism is and its structure. The main points to be considered are the Structure of Terrorism, Definition Dilemma, International Law, and the Counter-Terrorism in the Legal Framework. This study found that there is an empty space when it is related to the meaning of Terrorism and this affects its prevention. International Humanitarian Law prohibits the acts of violence, and it makes the difference when it is an armed conflict or not. Terrorism can be countered, but at the same time how can　it　be ended. A person that commits a terrorist act, for some people he/she is a terrorist, but for others a hero; for some he/she is violating other’s human rights but at the same time he/she is defending his/her owns.

碩士
國立政治大學
俄羅斯研究所
108
This thesis is entitled “A Study on Russia’s and China’s Counter- Terrorism Laws.” In this study, we use "Non-traditional security research", "New institutionalism", and "System theory" to try to explore how we can use legal means to support the operation of action against terrorism. This article utilizes Russia’s counter- terrorism laws and China’s counter- terrorism laws as references to explore the rule of law in the action against terrorism, including the background, content, and the influence of the counter- terrorism laws of the two countries. The world has actively concluded its own counter- terrorism laws after facing the "September 11 attacks". In Russia, the "Moscow theater hostage crisis" in 2002 and the "Beslan school siege" in 2004, indirectly caused by the Chechen- Russian conflict, have also become the main factors in Russia's counter terrorism legislation. In China, the East Turkic Khaganate issue and ongoing terrorism in the northwestern regions of Xinjiang and Qingzang, together with the "July 2009 Ürümqi riots" and the " 2013 Tiananmen Square car attack", have directly influenced China's counter-terrorism legislation. In our study of the anti-terrorism laws of the two countries, we found that the main counter-terrorism armed forces in Russia is formed of the military, while in China this force is composed of the police. This thesis is entitled “A Study on Russia’s and China’s Counter- Terrorism Laws.” In this study, we use "Non-traditional security research", "New institutionalism", and "System theory" to try to explore how we can use legal means to support the operation of action against terrorism. This article utilizes Russia’s counter- terrorism laws and China’s counter- terrorism laws as references to explore the rule of law in the action against terrorism, including the background, content, and the influence of the counter- terrorism laws of the two countries. The world has actively concluded its own counter- terrorism laws after facing the "September 11 attacks". In Russia, the "Moscow theater hostage crisis" in 2002 and the "Beslan school siege" in 2004, indirectly caused by the Chechen- Russian conflict, have also become the main factors in Russia's counter terrorism legislation. In China, the East Turkic Khaganate issue and ongoing terrorism in the northwestern regions of Xinjiang and Qingzang, together with the "July 2009 Ürümqi riots" and the " 2013 Tiananmen Square car attack", have directly influenced China's counter-terrorism legislation. In our study of the anti-terrorism laws of the two countries, we found that the main counter-terrorism armed forces in Russia is formed of the military, while in China this force is composed of the police. This paper aims to figure out the impact of Russia’s and China’s counter-terrorism laws, which lies in restrictions on telecommunications, media freedom, freedom of speech, and freedom of religion: people do not have any chance to appeal or find out why they are charged. The UN Security Council and the European Council believe that Russia’s counter-terrorism law "Yarovaya Package" violates media freedom and freedom of speech. After the 19th National Congress, Xi Jin-Ping proclaimed the Xinjiang independence movement as terrorism in order to remove obstacles to the “maintaining stability” policy. With its counter-terrorism laws, the Chinese government is therefore able to legally establish “re-education camps”, which have caused serious persecution to the people in Xinjiang. This occurred after Xi Jinping's implementation of obstacles in Xinjiang in order to break through the "Maintaining Stability" policy after the 19th National Congress. The utilization of the education section of the Chinese counter- terrorism laws, the raising of the Xinjiang issue to the level of terrorism, and the establishment of "re-education camps" have thus caused serious persecution to the rights of the people of Xinjiang. As far as these last cases are concerned, the practice of the law violates the ultimate goal of safeguarding human dignity and freedom.

In the contemporary international system, non-state actors pose an acute threat to the interests of states. Transnational terrorism is a particularly notable example of the security threats that non-state actors pose. While the literature on international agreements has focused on state-level compliance, much of international law concerns the behavior of non-state entities such as terrorist groups, transnational crime organizations, corporations, and individuals. This study considers whether the international counter-terrorism regime developed over the past five decades has been effective at reducing transnational terrorism and consider the implications for the study of other instruments of international law which regard non-state actor behavior. Because these agreements establish clear benchmarks, they provide observable outcomes for donors that may want to give foreign aid, but are uncertain about whether aid recipients will use aid for its intended purpose. Agreements allow donors to condition aid allocation on benchmarks set by treaties, rather than observed levels of non-state behavior alone, increasing donor-recipient trust and capacity building aid flows. I find that countries ratifying counter-terrorism agreements see a significant increase in foreign aid receipts. I then assess the effectiveness of eight UN counter-terrorism conventions individually, using terrorism data germane to the type of terrorist activity the specific agreement attempts to curtail. I find support for the hypothesis that counter-terrorism agreements reduce transnational terrorism for five of the agreements in issue areas of terrorist bombing, kidnapping, hostage-taking, and financing. I conclude by discussing how the variation in effectiveness of counter-terrorism agreements found may help shed light on the design of effective international agreements when the locus of compliance is non-state actors and treaty design more generally.
text

The role of terrorism in political discourse changed dramatically over the last fifty years, moving from ambiguity to the forefront of public policy and security concern. After the 9/11 attacks, terrorism has earned the news headlines, and has become a global security priority. Governments and the international community have enhanced measures to counter international and transnational terrorism, although there is no universally accepted definition of the term. The lack of an undisputed and legally binding definition of terrorism leaves significant room for free interpretation by policymakers. Governments are given what is essentially a carte blanche to develop programs and counter-terrorism initiatives that may lead, or have already led, to the development of policy that infringes on fundamental human rights. This thesis investigates the connection between terrorism and fundamental human rights. The question that guided this dissertation is the potential consequence of arbitrary and politicallydriven definitions of terrorism over counter-terrorism policy and fundamental human rights. The thesis moves from a historical framing of the concept of terrorism that changes with time. There are many definitions of the term, and there is no common definition with legal value. The current debate on terrorism is linked almost exclusively with non-state actors, which implies that state and terrorism have no linkage, even if there are evidences of these ties. The thesis scrutinizes the instrumentalization of terrorism, starting from an analysis of the concept based on three pillars: historical, theoretical-conceptual and legal (in the light of international law and human rights law). Then an empirical analysis based on these tools through the use of political and legal mechanisms to obtain a political output was conducted. To answer the starting question, the research moved from a historical-documentary analysis, then took into consideration the literature, and focused on how the states use the justification of the fight against international terrorism to restrict fundamental human rights. After the theoretical-conceptual and legal analysis, the research focuses on the legal aspects of the War on Terror and security policies. Large part of the empyrical research is dedicated to scrutinize the case of Turkey after the 2016 coup d'état attempt, to review some rulings of the European Courts, and to examine some prominent 'terrorist' organizations. While this topic presents a serious challenge, it does open much room for possible explorations of new fields of research without necessitating a fixed point of departure – or arrival. The thesis ends suggesting some future research directions.
O papel do terrorismo no discurso político mudou drasticamente nos últimos cinquenta anos, passando da ambiguidade para a linha de frente da política pública e das preocupações de segurança. Após os ataques de 11 de setembro, o terrorismo ganhou as manchetes dos jornais e se tornou uma prioridade de segurança global. Os governos e a comunidade internacional aumentaram as medidas para combater o terrorismo internacional e transnacional, embora não haja uma definição universalmente aceita do termo. A falta de uma definição indiscutível e juridicamente vinculativa de terrorismo deixa espaço significativo para a livre interpretação dos decisores políticos. Os governos recebem basicamente o que é uma 'carta branca' para desenvolver programas e iniciativas de combate ao terrorismo que possam levar, ou já conduziram, ao desenvolvimento de políticas que infrinjam os direitos humanos fundamentais. A tese investiga a conexão entre o terrorismo e os direitos humanos fundamentais. A questão que orientou esta dissertação é a conseqüência potencial de definições arbitrárias e politicamente dirigidas do terrorismo sobre a política antiterrorista e os direitos humanos fundamentais. A tese se move a partir de um enquadramento histórico do conceito de terrorismo que muda com o tempo. Existem muitas definições do termo e não há uma com valor legal. O atual debate sobre o terrorismo está ligado quase exclusivamente a atores não estatais, o que implica que o Estado e o terrorismo não têm vínculo, mesmo que haja evidências desta ligação. A tese examina a instrumentalização do terrorismo, a partir de uma análise do conceito baseada em três pilares: histórico, teórico-conceitual e jurídico (à luz do direito internacional e do direito internacional humanitário). Em seguida, è realizada uma análise empírica baseada nessas ferramentas por meio do uso de mecanismos políticos e legais para obter um resultado político. Para responder à questão inicial, a pesquisa partiu de uma análise histórico-documental, depois levou em consideração a literatura e enfocou como os estados usam a justificação da luta contra o terrorismo internacional para restringir os direitos humanos fundamentais. Após a análise teórico-conceitual e jurídica, a pesquisa enfoca os aspectos legais da Guerra ao Terrorismo e das políticas de segurança. Grande parte da pesquisa empírica é dedicada a investigar o caso da Turquia após a tentativa de golpe de Estado de 2016, a rever algumas decisões dos tribunais europeus, e a examinar algumas proeminentes organizações 'terroristas'. Embora este tópico represente um desafio sério, abre muito espaço para possíveis explorações de novos campos de pesquisa sem precisar de um ponto de partida fixo - ou de chegada. A tese termina sugerindo algumas direções futuras de investigação.

The aim of the dissertation is to analyse the concept of international terrorism in Africa from 1990-2004 at a continental level and then investigate the extent of measures developed to counteract this threat. The dissertation puts forward four assumptions to be explored and tested:

• Africa’s unstable political, economic and social structures cause weaknesses within the continent which international terrorist organisations can exploit and use to their own advantage.
• Africa’s history of civil wars makes the continent an easy target for international terrorist organisations to garner support for their organisations.
• The current counter-terrorism policies and measures are not effective enough to deter international terrorism on the African continent, as in some countries there is still an ongoing struggle for political control.
• The “Global War on Terrorism” has played a supportive role in Africa’s counter-terrorism policies.

The analysis investigates why international terrorism occurs in Africa, and which factors facilitate this. To achieve its aim, the study focuses on aspects such as the historical background of international terrorism in Africa; the current international security and terrorist environment; the present African security environment; and international and continental counter-terrorist policies within Africa. This dissertation aims to illustrate the issues facing Africa in combating and curbing international terrorist activities on the continent. It describes attempts by international and continental organisations to develop measures designed specifically to establish counter-terrorist agencies and policies in Africa.
Dissertation (Master of Security Studies)--University of Pretoria, 2008.
Political Sciences
unrestricted

碩士
國立臺灣海洋大學
海洋法律研究所
93
Abstract The issue of terrorist attacks is generally concerned internationally at present. Terrorism has never suspended in human history. With the development of technology and the coming of the age of globalization, terrorism has become a serious threat to international peace and security. Everyone has the right to be free from fear. No one can deprive such an inborn human right. Terrorism, an evil and brutal crime, ought to be punished severely. Evil deeds ought not to remain unpunished, and impunity affords continual incitement to the delinquent. In order to prevent people’s life and property from the infringement of terrorism as well as to be free from terror, a series of steps, including military actions and laws, have been taken among countries internationally to overthrow terrorism. This thesis aims to research the anti-terrorism measures from the perspective of international law. To begin, chapter 1 introduces the research motivation, goal, scope and methodology. Then, chapter 2 summarizes what the terrorism is, including the definition, features and transformation. Next, the major principle of anti-terrorism measures is presented in chapter 3. Chapter 4 turns to introduce and evaluate international convention for anti-terrorism. A discussion of the anti-terrorism applicable in the states, including America and Taiwan and an investigation of the military actions for anti-terrorism are presented in chapters 5 and 6, respectively. Finally, suggestions are given in chapter 7 to pitfalls and deficiencies of anti-terrorism measures. Key Word：Terrorism 、 Anti-terrorism

For over three decades, the Liberation Tigers of Tamil Eelam (LTTE) fought a gruesome war for independent statehood against the majoritarian Sinhalese Government of Sri Lanka. While confronting the Tigers on the battleground, the government also pursued a legal war against the LTTE by enacting its counter-terrorism laws. These laws permitted indefinite detention and the use of confessions as sole evidence. Armed with these laws, the Sinhalese Government boasted the prosecution of thousands of Tamil Tigers on the basis of their confessions. The Tigers countered by protecting their secrets through the adoption of their suicide strategy - consuming cyanide capsules to prevent being captured alive. Examining the conflicting official narratives from both sides of the war, this research explores the confessions of Tamil Tigers within the broader discourses of terrorism and counter-terrorism. The thesis positions the counter-terrorism regime of Sri Lanka as a postcolonial instance of the 'state of exception' (as theorised by Giorgio Agamben) in order to grasp the broader causes and consequences of such extraordinary measures. In doing so, it takes the wider aspects of the conflict into account and explores its historical, political, military and cultural ramifications. The research questions I examine in this process are: What attributes of the Tigers' military subculture support or dispute the fact that Tigers have confessed en masse? Can the authenticity of these confessions be determined by linguistic and narrative analysis methods? How have the state's agents enforced the counter-terrorism measures among the suspect population, and how do such measures impact on individual suspects? What are the possibilities and limits of a fair hearing for Tigers from the judiciary in Sri Lanka? Recognising the polysemic aspects of the law, truth and justice, the thesis probes the narratives of the two key players in this conflict - the terrorist and the state - within an interdisciplinary context, encompassing multiple fields: jurisprudence, human rights, criminology, history, ethnic studies, terrorism studies and narrative analysis. In sum, the scope of this thesis goes beyond legalistic analysis and encompasses a range of themes: the hegemonic authority of the state, the martyrdom of the terrorist, the linguistic elements of evidence, the discipline and the punishment of the enemy, and the administration of justice.

Terrorism remains a cardinal threat to national, regional, and international peace and security. It violates the fundamental principles of law, order, human rights and freedom and remains an affront to the Global Charter of the United Nations (UN) and the values and principles enunciated in Africa's Constitutive Act of the African Union (AU). Moreover, it presents a grave and direct threat to the territorial integrity, security and stability of States. In this regard, effective counter terrorism mechanisms and approaches remain fundamental tools in curbing the threats and devastating effects of terrorism. Since the advent of the 'war on terror', issues regarding terrorism and counter-terrorism have become pronounced norms within the international realm. Yet, while an abundance of literature has been focussed and analyzed on counter terrorism approaches within the United States (US), the United Kingdom (UK), Russia and India; little has been documented on effective counter terrorism approaches in South Africa post-2001. Given emerging trends of terrorist camps within the country and the fact that South Africa will be hosting the international event of the 2010 FIFA Soccer World Cup, it is imperative that South Africa improves the overall direction of its counter terrorism strategy. Essentially, this study offers recommendations for the most effective counterterrorism mechanism, which will aid policing in South Africa. History and current events indicate that South African Police Service (SAPS) has the capacity and capability to successfully deal with threats of terrorism. What is lacking is a concrete proactive counter terrorism approach that makes SAPS stand out as the lead department in countering terrorism. Yet, it should be borne in mind that the most important principle of any counter terrorism operational concept is to co-ordinate an operation with an integrated approach. Bearing this in mind, this study includes an assessment of the counterterrorism methodologies of various agencies responsible for counter terrorism within South Africa, with SAPS being the focal point. To establish the most effective counter terrorism strategy applicable to the South African context, this study considers a comparative analysis of counter terrorism strategies adopted within specified developed (Russia, US and UK) and developing countries (India and Algeria) as well as a conceptual analysis of relevant policing mechanisms that are currently considered as appropriate mechanisms to counter terrorism within specified countries. The synopsis of best-case practices of counter terrorism in developed and developing countries as well as the relevant literature on policing mechanism are then synthesized and interrogated into conceptualising an effective policing mechanism to counter terrorism in South Africa.
Criminology
M. Tech. (Policing)

In the first half of the 20th Century, the United Kingdom’s counter-terror laws were couched extremely broadly. Consequently, they bestowed upon the executive extraordinarily wide powers with which it could address perceived threats of terrorism. In that period of time, the internal affairs of any state were considered sacrosanct and beyond the reach of international law. Consequentially, international human rights law was not a feature of the first half of the 20th Century. Following the war, however, international human rights law grew steadily, largely through the propagation of international treaties. As the 20th Century progressed, the United Kingdom became increasingly involved in international human rights law, particularly by way of the ratification of a number of treaties. Prior to the year 2000, none of these treaties had been directly incorporated into the United Kingdom’s municipal law. The traditional Dualist understanding of the relationship between international treaty law and municipal law in the United Kingdom, would hold that these unincorporated human rights treaties would form no part of that state’s domestic law. This Dualist assumption is called into question, however, by a legislative trend which neatly coincides with the United Kingdom’s increased involvement with international human rights. This trend consists of two elements, firstly, the progressively plethoric and specific ways in which the United Kingdom began to define its anti-terror laws. The specificity in which this legislation was set out curtailed the executive’s powers. The second element is that, over time, the United Kingdom’s counter-terror laws increasingly began to include checks and balances on the executive. There is a clear correlation between these trends and the United Kingdom’s evolving relationship with international human rights law. That nation’s enmeshment with international human rights law from 1945 onwards is undeniably linked with the parallel evolution of its domestic counter-terror laws. v One of the grounds on which the status of international law is questioned is that it is ineffectual. This thesis calls such arguments into question, as it shows that international human rights treaties have meaningfully impacted on the United Kingdom’s evolving counter-terror laws and thereby successfully enforced the norms they advocate.
Public, Constitutional, & International
LL.D.

This thesis explores the relationship between counterterrorism and human rights. Its primary contention is that the promotion of the ideal of human rights-compliant counterterrorism has undermined rather than strengthened human rights. Drawing on fieldwork-based case studies in the Philippines and Indonesia, the thesis demonstrates that greater recognition for the role of human rights in achieving security has not prompted a positive transformation of counterterrorism practices. Instead, proponents of counterterrorist action have been able to frame their action as a necessary, human rights-sensitive, and rational response to unnecessary, human rights-insensitive and irrational political violence. The challenge therefore is how to devise strategies to resist human rights abuses in the name of counterterrorism that do not entangle human rights in the perpetuation and legitimation of the counterterrorism agenda. The thesis proceeds in eight chapters besides the Introduction. Chapter 1 sets the stage for analysis, introducing the normative discourse of human rights-compliant counterterrorism at the international level, and proposing a theoretical framework for analysing this discourse that draws from the insights of Critical Terrorism Studies and critical approaches to international law and human rights. Utilising this theoretical framework, I examine the extent to which counterterrorism practices undermined rather than advanced human rights in two case studies: the Philippines and Indonesia. Chapters 2, 3 and 4 develop the Philippine case study. Chapter 2 presents the local counterterrorism discourse during the government’s alignment with the United States’ “War on Terror”, showing that the government characterised complex armed struggles as “terrorism” with devastating consequences for human rights. Chapter 3 analyses the responses of local human rights advocates to this counterterrorism discourse, describing how their resistance strategies cannot be reduced to a clamour for human rights-compliant counterterrorism. Chapter 4 shows how official policies have incorporated human rights-friendly rhetoric; and why despite this, they are failing to transform the practices of security forces that lead to extrajudicial killings and other serious abuses. Chapters 5, 6 and 7 develop the Indonesian case study. Chapter 5 reviews the local counterterrorism discourse developed during the Suharto regime, showing that the threat of Islamic “terrorism” was likely fostered by it, benefiting the regime at the expense of human rights. Chapter 6 shows how, after the Bali bombing of 2002, Indonesia’s approach to counterterrorism has incorporated human rights, much more than in the Philippines, and how local human rights advocates have accordingly adjusted their perception of the Islamic “terrorist” threat and the acceptability of counterterrorism. Chapter 7 analyses how Densus 88, the main counterterrorism actor, enjoys impunity for extrajudicial killings, demonstrating that the legal framework has failed to restrain serious abuses and in fact inoculated the counterterrorism agenda from further scrutiny. Chapter 8, the concluding chapter, brings together the main findings of the thesis and emphasises the need for more critical human rights scholarship and advocacy that are disentangled from the counterterrorism agenda.