Journal articles: 'Counter-terrorism law'

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Saul, Ben. "Minorities and Counter-Terrorism Law." European Yearbook of Minority Issues Online 15, no. 01 (February 10, 2018): 1–22. http://dx.doi.org/10.1163/22116117_01501002.

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Members of minority groups have historically been both victims and perpetrators of terrorism. This article examines how international and national legal controls on terrorism have addressed or impacted upon members of minority groups. In particular, it identifies three key areas in which legal questions arise: (1) the extent to which terrorism laws protect minorities (which is principally a question of the definition of terrorism, particularly ‘motive’ elements); (2) how terrorism laws apply to—or exempt—members of minorities who perpetrate terrorism (which concerns both definition and exceptions to definitions); and (3) how counter-terrorism laws differentially or disproportionately impact on minorities (which concerns definition as well as over-policing).

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Edwards, Phil. "Counter-terrorism and counter-law: an archetypal critique." Legal Studies 38, no. 2 (June 2018): 279–97. http://dx.doi.org/10.1017/lst.2017.14.

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AbstractContemporary British counter-terrorist legislation is dominated by ‘counter-law’ in Richard Ericson's terms: by using law against law, it systematically undermines the rule of law. This paper supports this proposition by developing a detailed ‘archetypal’ account of the rule of law considered as a critical ideal, drawing on Fuller's ‘morality of law’. The rule of law is identified with four tendencies in law – towards greater universality, knowability, followability and justifiability – and ‘counter-law’ with tendencies to block or reverse all of these. Counter-law tendencies in contemporary counter-terrorist legislation are discussed in detail, with particular reference to the proliferation of inchoate, preparatory and situational offences. This critique is also related to contemporary debates on law and counter-law; it is argued that critiques which relativise or historicise the liberal model of the rule of law fall short by failing to engage with it on its own terms, thereby undervaluing its utility as a normative resource. The paper concludes by discussing the range, significance and gravity of the departures from the rule of law that have been identified, considering some counter-arguments and drawing conclusions for policy-makers and legal scholars.

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MURPHY, Cian C. "EU Counter-terrorism Law: What Kind of Exemplar of Transnational Law?" Cambridge Yearbook of European Legal Studies 21 (August 22, 2019): 217–42. http://dx.doi.org/10.1017/cel.2019.7.

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AbstractThis article examines counter-terrorism efforts in the EU as it matures as a field of law. It sets out three critiques of EU counter-terrorism law: that of ineffectiveness, of anti-constitutionalism, and of contrariness to human rights and the rule of law. It considers these critiques in light of the development of policies and legal initiatives—against foreign terrorist fighters and against radicalisation. It concludes that there are both persistent problems, and some improvements, in the law. The EU's capacity to meet the challenges posed by terrorism and the counter-terrorism imperative, and how it does so, has global impact. The article concludes with an argument for better law-making in the EU to ensure it serves as a better exemplar of transnational law.

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Skoczylis, Joshua, and Clive Walker. "Counter-Terrorism: International Law and Practice." International Journal of Human Rights 17, no. 3 (March 2013): 441–42. http://dx.doi.org/10.1080/13642987.2012.750041.

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White, N. D. "Preventive Counter-terrorism and International Law." Journal of Conflict and Security Law 18, no. 2 (June 7, 2013): 181–92. http://dx.doi.org/10.1093/jcsl/krt012.

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Malakoutikhah, Zeynab. "Financial exclusion as a consequence of counter-terrorism financing." Journal of Financial Crime 27, no. 2 (January 24, 2020): 663–82. http://dx.doi.org/10.1108/jfc-09-2019-0121.

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Purpose The purpose of this paper is to analyse the unintended consequences, financial exclusion, of counter-terrorism financing regulations in terms of their impact on financial inclusion and, consequently, the creation of an ineffective counter-terrorism financing framework. A further aim is to make recommendations to mitigate these unintended consequences. Design/methodology/approach This subject is examined by using the practices of a range of countries and organisations. The interdisciplinary approach of the paper is highlighted, which comprises criminal law, banking law, international law and human rights law. Findings Financial exclusion is a focal point that results in ineffective counter-terrorism measures which are caused mostly by the formal financial sector, in particular, the banking system. The financial exclusion also leads to counter-productive counter-terrorism financing through a low risk-appetite, de-risking, de-banking, financial exclusion and using unregulated or less-regulated and supervised financial systems. Originality/value No article comprehensively analyses financial exclusion as a consequence of counter-terrorism financing framework. The paper examines the process of counter-terrorism financing regulations, which leads to financial exclusion. In addition, the impact of financial exclusion on all relevant actors, such as individuals, correspondent banking relationships, money and value transfer services, charities and virtual currencies, is examined.

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Cotler, Irwin. "Towards a counter‐terrorism law and policy." Terrorism and Political Violence 10, no. 2 (June 1998): 1–14. http://dx.doi.org/10.1080/09546559808427454.

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de Londras, Fiona. "Politicisation, Law and Rights in the Transnational Counter-Terrorism Space: Indications from the Regulation of Foreign Terrorist Fighters." Special Issue: The Politicisation of Security: Controversy, Mobilisation, Arena Shifting, no. 3-2018 (February 18, 2019): 115–38. http://dx.doi.org/10.3224/eris.v5i3.06.

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Since 2001 a transnational counter-terrorism space has emerged that is vast in its scale and ambition and which can be discerned at both ‘universal’ (i.e. United Nations) and regional (e.g. European Union) levels, as well as in other formal and informal international organisations (for example the G7 and the Global Counter-Terrorism Forum). This article explores the question of politicisation within that transnational counter-terrorism space, and the potential for meaningful politicisation in respect of initiatives and measures emanating from transnational processes. Taking the example of ‘foreign terrorist fighters’ it argues that a shift in arena to the transnational counter-terrorism space has fundamentally challenged the capacity for effective and meaningful politicisation; that the transnational counter-terrorism space can be depoliticised by design, that where this happens the domestic counter-terrorism space is depoliticised by implication, and that the legal benefits of politicisation may thus be lost to the detriment of rights, legality and accountability.

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Mason, L. "M. Deflem, (ED) 2004. * Terrorism and counter-terrorism: criminological perspectives." Policing 1, no. 1 (January 1, 2007): 123–25. http://dx.doi.org/10.1093/police/pam018.

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Makinda, Samuel M. "Terrorism, counter-terrorism and norms in Africa." African Security Review 15, no. 3 (January 2006): 19–31. http://dx.doi.org/10.1080/10246029.2006.9627602.

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Morgan, Lydia, and Fiona de Londras. "Is there a ‘Conservative’ Counter-Terrorism?" King's Law Journal 29, no. 2 (May 4, 2018): 187–215. http://dx.doi.org/10.1080/09615768.2018.1502058.

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Blackbourn, Jessie. "Accountability, Counter-Terrorism and Civil Liberties." King's Law Journal 29, no. 2 (May 4, 2018): 297–323. http://dx.doi.org/10.1080/09615768.2018.1502070.

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Middleton, Ben. "Terrorism Prevention and Investigation Measures: Constitutional Evolution, Not Revolution?" Journal of Criminal Law 77, no. 6 (December 2013): 562–82. http://dx.doi.org/10.1350/jcla.2013.77.6.880.

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This article analyses the Terrorism Prevention and Investigation Measures (TPIM) regime, which replaced the controversial system of control orders, and examines recent jurisprudence. It suggests that changes can be made to individual TPIM notices and to constitutional oversight mechanisms both of the regime and in counter-terrorism law generally. At the individual level, reform to TPIM notices would help further the evolution of counter-terrorism law towards ideals intrinsic to the rule of law. At a more general level, increased constitutional safeguards should be considered, not just as a feature of the TPIM regime, but also as a template for evolutionary change to other counter-terrorism powers. The ultimate aim should be to relinquish the use of TPIMs in favour of prosecution and surveillance strategies.

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Nigmatullin, Rishat V. "Modern trends in the UN fight with international terrorism." Gosudarstvo i pravo, no. 10 (2022): 176. http://dx.doi.org/10.31857/s102694520022608-9.

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The article examines the activities of the United Nations in the fight against international terrorism over a long period. The reasons preventing the formulation of the generally accepted definition of “international terrorism” are considered. The authors identified the main trends in the development of international terrorism, formed by the end of the XX – beginning of the XXI century. Special attention is paid to the reassessment of the danger of terrorism after the terrorist acts committed by Al-Qaeda in the United States on September 11, 2001. The analysis of changes in the conceptual and organizational approaches of the UN to the fight against terrorism is carried out. The authors conclude that the adoption of the UN Global Counter-Terrorism Strategy in 2006 marked a new stage in the fight against international terrorism. The important features of modern terrorism that have led to changes in the tactics of international terrorist organizations, primarily Al-Qaeda and ISIS, are analyzed. The analysis of counter-terrorism actions of law enforcement agencies in Western Europe allowed the authors to formulate a conclusion about their insufficiency. The authors draw attention to the need to improve the anti-terrorist activities of states in the context of the COVID-19 pandemic and call on states to cooperate within the framework of the UN Global Compact for the Coordination of Counter-Terrorism Activities.

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Ali, Muhammad Umair, Ali Khan Ghumro, and Rizwan Zeb. "POLICE REFORMS IN PUNJAB FOR EFFECTIVE COUNTER TERRORISM: A PRELIMINARY ASSESSMENT." Pakistan Journal of Social Research 04, no. 02 (June 30, 2022): 18–27. http://dx.doi.org/10.52567/pjsr.v4i2.447.

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The paper endeavors to make sense of the role of Punjab Police as a counter-terrorism force and in counter-terrorism in Pakistan. The paper critically examines the claim that as per law, Police holds the legal mandate for conducting counter terrorism. The objectives of the study are: to understand the existing structural and legal role of Punjab Police in countering terrorism and to work out policy recommendations for the improvements of the efficiency of Punjab Police. The hypotheses that was worked out for this study was: the structural and legal reforms of police may improve the efficiency of police in counter terrorism. Key research questions addressed were: what is the role of Police in countering terrorism? what kind of reforms are required for efficient Policing? And how effective reforms can be introduced to counter terrorism? In-depth interviews were conducted to seek answer to these questions. At the end, using Kurt Lewin’s three steps Organizational change model, the paper argued that Punjab police needs structural reforms before it can become a more efficient force capable of conducting counter terrorism activities. Keywords: Punjab Police, Counter terrorism, Kurt Lewin organizational change model, Pakistan

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Lum, Cynthia, Leslie W. Kennedy, and Alison Sherley. "Are counter-terrorism strategies effective? The results of the Campbell systematic review on counter-terrorism evaluation research." Journal of Experimental Criminology 2, no. 4 (December 5, 2006): 489–516. http://dx.doi.org/10.1007/s11292-006-9020-y.

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BILAN, I. "Combating terrorism: the EU experience." INFORMATION AND LAW, no. 2(37) (June 23, 2021): 67–73. http://dx.doi.org/10.37750/2616-6798.2021.2(37).238338.

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The article analyzes the EU experience in the field of counter-terrorism. Problems of implementation of the state policy in this sphere are explored. Measures taken by EU countries to prevent terrorism are being examined. The national legislation of some European countries on counter-terrorism is analyzed. The article concludes that the current international counter-terrorism policy is characterized by the adoption of acts that take into account the need to criminalize all socially dangerous acts of terrorism, strengthen interdepartmental cooperation between law enforcement and special services of foreign countries, establish links between regional counterterrorism structures.

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Kashirkina, Anna, and Andrey Morozov. "Theoretical Approaches of the European Commission for Democracy Through Law (the Venice Commission) to the Assessment of Anti-Terrorism Legislation: international Legal Discourse and Implementation Problems." Russian Journal of Criminology 14, no. 3 (June 30, 2020): 411–22. http://dx.doi.org/10.17150/2500-4255.2020.14(3).411-422.

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The topic of the article is highly relevant due to the importance of basing the legislative regulation of counter-terrorism activities on international treaties in this sphere. Besides, the legislative regulation of counteracting terrorism should be developed in accordance with the current international law acts and should take into account international obligations that they entail. The authors believe that the improvement of counter-terrorism legislation is facilitated by the work of the European Commission for Democracy through Law (the Venice Commission), which conducts an expert evaluation of the national legislations of member states. The goal of this research is to analyze the current international law regulation in the sphere of counteracting terrorism and in identifying the specifics of its application by the Venice Commission in its assessment of national counter-terrorism legislations. The authors examine some issues connected with the work of the Venice Commission on preparing conclusions and recommendations that contain its assessment of the counter-terrorism legislation of a number of countries (the Republic of Moldova, the French Republic). They note the specifics of the work of the Venice Commission as a special auxiliary body of the Council of Europe that analyzes and assesses the legislative acts of member states based on the poly-functional guidelines of the Council of Europe. While assessing national legislations, the Venice Commission uses international law acts that contain, among other things, universally recognized principles and norms of international law, so the authors of the article show the significance of the international law regulation of counteracting terrorism through international treaties both between different countries and under the aegis of international organizations and integration unions; they also identify the problems connected with their implementation in national legislations. Based on the conducted research, the authors come to the following conclusions: the legislative regulation of counteracting terrorism should be amended with strict observance of the universally recognized principles and norms of international law incorporated, among other things, in international treaties; it is necessary to develop the international law regulation in the sphere of counteracting terrorism while taking into account new challenges and threats brought about by globalization and use the potential of international law instruments; international bodies play an important part in improving national counter-terrorism legislations, specifically, the Venice Commission, which, through its expert work, contributes to the development of legislation based on international legal acts.

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Prindani, Tubagus Ami, Imam Subandi, Marthinus Hukom, and Fayreizha Destika Putri. "HUMAN RIGHTS AND LAW ENFORCEMENT: THE USE OF FORCE IN COUNTER TERRORISM." Diponegoro Law Review 5, no. 1 (April 30, 2020): 124–39. http://dx.doi.org/10.14710/dilrev.5.1.2020.124-139.

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This paper aims at discussing the legal as well as the human rights impact on the use of force and firearms by law enforcement officers in the event of counter terrorism, case study of the Indonesian National Police Counter Terrorism Special Detachment 88 CT (Densus 88 AT Polri). The discussion focuses on the nature of the use of force as well as the use of lethal firearms by law enforcement officers made possible by international legislation and provisions on human rights. Is it possible that the use of force and lethal weapons is still in line with respecting and upholding human rights? How does the state's accountability in the event of use a force by law enforcement officers? How is the validity of the use of deadly forces in the event of arrest or raids conducted by police? Is it true that human rights are always contrary to police duties?

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Novikova, T. Y., I. V. Fomenko, and O. N. Palieva. "FEATURES OF THE OFFICIAL POLICY OF COUNTERING TERRORISM BY CRIMINAL LAW MEASURES IN RUSSIA AND UZBEKISTAN." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), no. 1 (2021): 116–25. http://dx.doi.org/10.37279/2413-1733-2021-7-1-116-125.

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The article provides a comparative legal analysis of the features of the official counter-terrorism policy in Russia and Uzbekistan, as well as measures to counter terrorism in certain areas of the society of these two states. The article analyzes the legislation of the Russian Federation and the Republic of Uzbekistan, as well as measures to counter terrorism in these states. Special attention is paid to the problems of combating terrorism in the information environment. The authors conclude that these states have formed a fairly stable and effective national system of countering terrorism, but this system is unlikely to be able to solve its tasks in full without interaction with civil society. In this matter, it is necessary to combine the efforts of States, public associations and organizations, the media and citizens themselves to achieve high results in the fight against terrorism. The authors also believe that at the moment it is necessary to realize the special importance of the emergence, as well as the legal consolidation of such concepts as» international terrorism «and»cyberterrorism».

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Kochoi, Samvel M. "Transformation of Russian counter-terrorism law in the context of globalization." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 43 (2022): 69–85. http://dx.doi.org/10.17223/22253513/43/6.

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

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Fanta Choramo, Petros. "Acts Considered as Terrorism Crimes and Compatibility of Counter-terrorist Measures to International Standards: In Context of Ethiopia." Athens Journal of Law 8, no. 4 (September 30, 2022): 487–504. http://dx.doi.org/10.30958/ajl.8-4-8.

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Existence of accurate legal definition of terrorism is important for society and for governance to enable successful investigation and prosecution of terrorists within the established judicial system. Without international agreement on a definition of terrorism, it has not been possible to adopt a treaty covering all its forms. In other words, without a clear and precise definition of terrorism, it becomes impossible and impractical to talk about concepts and counter-terrorism measures in one country. Moreover, without a definition for terrorism, how can we define and investigate the correctness of those who practice it are? Further, even though terrorism is a danger to the peace, security and development of the country and a serious threat to the peace and security of the world at large and view of these challenges, the Government of Ethiopia has been exerting the necessary effort to prevent and combat terrorism through enacting and effectively implementing domestic laws, it must in conformity with the human rights law, and international humanitarian law. Thus, the basic objective of this Article was to critically observe and examine definition of terrorism, acts that constitute terrorism and other acts which can be considered as contributory to terrorism crimes under Ethiopian relevant laws adopted to combat terrorism; specially Prevention and Suppression of Terrorism Crimes Proclamation No.1176/2020. Under this article author also critically made analyses on the manner how current Ethiopian government adopted the new counter terrorism law and consideration given to it. Keywords: Definition of Terrorism, Counter Terrorism Movement, Terrorist Acts, Terrorism Crimes, Sub-Ordinate Crimes, Human Rights Approach

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Braithwaite, Alex. "The Logic of Public Fear in Terrorism and Counter-terrorism." Journal of Police and Criminal Psychology 28, no. 2 (June 7, 2013): 95–101. http://dx.doi.org/10.1007/s11896-013-9126-x.

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Orina, Nabil Mokaya. "Critique of the International Legal Regime Applicable to Terrorism." Strathmore Law Journal 2, no. 1 (August 1, 2016): 21–36. http://dx.doi.org/10.52907/slj.v2i1.10.

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Terrorism is a global phenomenon that permeates state borders and predominantly causes immeasurable suffering to civilians. The need for international cooperation and concerted efforts in combating terrorism cannot be gainsaid. Already, sectoral instruments have been passed to regulate certain aspects of terrorism. However, without a single terrorism specific instrument, acts of terrorism generally classified will fall under spheres of international law which include; public international law, international criminal law, international humanitarian law, human rights and refugee law. This paper makes a critical analysis of these spheres of international law and how they apply to states’ counter-terrorism efforts.

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Iradati, Irisa, Difa Wardatul Izza, Lintang Kusumo, Faizi Endarta, and Patria Erlangga. "Fighting Terrorism is A Community Devotion of College in Accordance with Its Tri Dharma Mandates." Journal La Sociale 1, no. 6 (December 4, 2020): 17–23. http://dx.doi.org/10.37899/journal-la-sociale.v1i6.180.

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Indonesia legislative assembly has legalized the Law Number 5 of 2018 concerning the Stipulation of Government Regulation instead of the Law Number I of 2002 concerning the Eradication of Terrorism Crimes into Law. Even so, the practice of which has experienced many obstacles that it has not so far been effective in countering terrorism in Indonesia. Counter terrorism efforts cannot be viewed, conceptualized and carried out in a sector manner by legal institutions only. A National Terrorism Eradication Institution called BNPT is already built by the government to practice this law but seeing the obstacles of the practice faced, it still needs to be systemically strengthened, empowered and better-coordinated by the Coordinating Ministry of Politics, Law and Security. While its efforts in eradicating terrorism need to be systematically designed as a single entity, integrated and interacted with those of various other related institutions, periodically measured and sustained until the strategic objectives are achieved optimally. College as a public institution, in accordance with its Tri Dharma mandates, as education, research and community service development, is obliged to initiate and play a more active and creative role as one of the supporting elements of the National Terrorism Eradication Institution in a Total System Approach. While legal institutions shall remain as the leading sector since all counter terrorism efforts are dominantly parts of law enforcement efforts. This study uses the normative-empirical method with the Total System concept approach and statue approach. The purpose of this study is to analyze counter-terrorism efforts in a preventive sociological and repressive manner.

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Mutungi, Stephen Kimathi, and Francis Mulu. "Counter-Terrorism Measures and Human Rights Protection in Kenya." International Journal of Current Aspects 5, no. 4 (November 17, 2021): 78–89. http://dx.doi.org/10.35942/ijcab.v5i4.212.

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Many counter-terrorism measures enacted by states have been criticized for violating human rights. This study sought to assess the Kenya’s counter-terrorism framework to ascertain whether the established counter-terrorism measures violate or adhere to the protection of human rights. The study adopted an exploratory research design to assess the counter-terrorism measures and alleged human rights violation in Kenya. The target population was the national security organs, counter-terrorism agencies, civil societies championing human rights protection, security enforcers and watchdog bodies. The sample of 200 respondents and informants was drawn from the National Assembly, Ministry of Interior and Coordination of National Government, the Kenya National Commission on Human Rights, the International Federation for Human Rights, UN Counter-Terrorism Centre and Amnesty International Kenya. A stratified and purposive sampling technique was employed in selecting the respondents and informants during the study. The findings of the study established various stick and carrot counter-terrorism strategies used by organizations, government and security apparatus in Kenya. These strategies are faced by a number of challenges. A number of these measures violate human rights. There are however, some counter terrorism strategies that uphold human rights. The counter-terrorism strategies that the government can adopt in respect of human rights to include youth empowerment and employment, enhance surveillance and intelligence gathering, stop renditions and use of force, proper investigations, uphold human rights and rule of law and public education, awareness and participation. The study recommends government to adopt counter-terrorism promote human rights protection. Further, the study recommends that the governments need to create public awareness and participation in counter-terrorism strategies and measures to build public confidence on its efforts to fight terrorism.

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Juffandi, Lazarus Tri Setyawanta, and Joko Setiono. "Criminal Policy in Countering Terrorism in Indonesia." International Journal of Law and Politics Studies 5, no. 1 (February 11, 2023): 150–56. http://dx.doi.org/10.32996/ijlps.2023.5.1.17.

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This study aims to analyze criminal policy in tackling criminal acts of terrorism in Indonesia. The research used a juridical empirical technique. The results of the study show that the criminal policy in the prevention of criminal acts of terrorism that occurs in Indonesia is a form of government responsibility, as stated in Article 43a paragraph (1) to paragraph (3) of Law Number 5 of 2018 concerning Amendments to Law Number 119 15 2003 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2002 Concerning the Eradication of Criminal Acts of Terrorism Into Law. Further regulations, as described in Article 43b paragraph (1) to (5) of Law Number 5 of 2018 concerning Amendments to Law Number 15 of 2003 concerning Stipulation of Government Regulations in Lieu of Law Number 1 of 2002 Concerning the Eradication of Criminal Acts of Terrorism Into Constitution. In National Preparedness. In addition to increasing the capacity of the Indonesian Anti-Terror Organization to carry out the prevention and countermeasures of terrorism, the Indonesian government has formed a special organization (unit) to deal with terrorism that is developing in the country. These units include the National Counter-Terrorism Agency (BNPT), Densus 88, Counter-Terrorism Detachment, and Intelligence.

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Sorell, Tom. "Preventive Policing, Surveillance, and European Counter-Terrorism." Criminal Justice Ethics 30, no. 1 (April 2011): 1–22. http://dx.doi.org/10.1080/0731129x.2011.559057.

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BOKHENKO, V. "Improving the counter-terrorism system: the US experience." INFORMATION AND LAW, no. 3(38) (September 28, 2021): 149–54. http://dx.doi.org/10.37750/2616-6798.2021.3(38).243819.

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The article is devoted to the analysis of the counter-terrorism system in the United States. The system of subjects of fight against terrorism, and also innovations in anti-terrorist activity of law enforcement agencies and special services of the USA is defined. Some US regulations in the field of counter-terrorism are considered. The role of the public in the fight against terrorism is noted, the mechanisms of public involvement in this activity are highlighted.

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Bordás, Mária. "Current Issues of International Law in Regulating Counter–Insurgency and Counter–Terrorism." Academic and Applied Research in Military and Public Management Science 13, no. 4 (December 31, 2014): 571–91. http://dx.doi.org/10.32565/aarms.2014.4.6.

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The study sheds light on the current tendencies and examines if the international law on warfare can successfully be applied in practical reality in the progress of counterinsurgency and counterterrorism efforts. There have been two phenomena identified recently in warfare which endanger the public security and public safety of the democratic states of the world: terrorism and insurgency. Both of them mean a threat and attack on the population and the government authorities. It has been queried in military literature whether these new forms of warfare should be handled by military engagements or law enforcement. This is, nevertheless, not just a dilemma concerning the strategy on how to combat against them, but should be, at the same time, all done in accordance with the international legal regulations. This study is going to outline how the international law based on the principles of traditional warfare can be applied to insurgent or terrorist groups. Special emphasis will be given to see if the relevant laws have failures in regulating these new forms of warfare, and if so, what changes should be proposed for the recent regulations of international law.

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Pitteloud, Jacques. "Terrorism, counter‐terrorism and intelligence studies: A new industry?" Journal of Policing, Intelligence and Counter Terrorism 2, no. 2 (August 2007): 5–6. http://dx.doi.org/10.1080/18335300.2007.9686892.

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Rew, Nichola E. J. "Handbook of terrorism and counter terrorism post 9/11." Journal of Policing, Intelligence and Counter Terrorism 15, no. 3 (September 1, 2020): 278–80. http://dx.doi.org/10.1080/18335330.2020.1817528.

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McKeever, David. "Revisiting Security Council action on terrorism: New threats; (a lot of) new law; same old problems?" Leiden Journal of International Law 34, no. 2 (February 26, 2021): 441–70. http://dx.doi.org/10.1017/s0922156521000066.

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AbstractThe devastating events of 9/11 triggered the adoption of Resolution 1373 (2001) by the UN Security Council, a contentious development which was much debated and was widely seen as presaging a new type of activity by the Security Council – legislating for all UN member states. And yet, in the counter-terrorism sphere at least, the Council’s legislative activity in the years following 9/11 was relatively modest. Both quantitatively and qualitatively, that activity has been far exceeded by the Council’s response to the emergence of ISIL in 2014. This more recent activity is of interest beyond the confines of counter-terrorism, but has received far less scrutiny to date. This article will remedy this gap, revisiting, in light of the recent activity, the relative merits and disadvantages of making counter-terrorism law through Security Council resolutions. It makes two main contentions. The first is that – due to some factors which were anticipated in the early 2000s and many which were not – Security Council resolutions on terrorism constitute a distinctive category of international law-making and pose serious challenges for the application of organizing principles and processes of general international law. The second is that, for these reasons as well as doubts as to the necessity and efficacy of recent action, making counter-terrorism law through Security Council resolutions should be the exception rather than the norm.

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Aleshin, V. V. "Counterterrorism meassures: application of international law and the law of the Russian Federation." Moscow Journal of International Law, no. 4 (March 23, 2020): 79–90. http://dx.doi.org/10.24833/0869-0049-2019-4-79-90.

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INTRODUCTION. Effective implementation of antiterrorist interstate cooperation is impossible without the creation of an appropriate legal framework. By concluding international treaties, States agree to accept obligations that define the scope of their activities in the areas of cooperation. Moreover, sometimes the necessity arises for emergency antiterrorist response which brings about the application of other than treaty mechanisms like bilateral and multilateral commitments. It seems necessary to pay attention to certain legal mechanisms provided by the UN anti-terrorist treaties, in particular, in the context of the situation in Syria, and some conceptual changes in Russian counter-terrorism legislation.MATERIALS AND METHODS. The article uses treaties, national legislation and doctrinal research. The authors rely on various methods to reach their conclusions, among which treaty interpretation is most frequently used.RESEARCH RESULTS. In the article the author shows different mechanisms and spheres of modern cooperation in counter-terrorism and their ineffectiveness owing to political interests of some states. Special attention is paid to legality of actions of the USA and allies in Syria and criminal liability of members of international terrorist organizations.DISCUSSION AND CONCLUSIONS. In this article the authors draw attention to disadvantages of international legal regulation of anti-terrorist cooperation. The article concludes that refusal of compliance with international law in the sphere of counter-terrorism brings about negative consequences for maintenance of international peace and security.

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Malakoutikhah, Zeynab. "Criminalisation of terrorism financing in Iranian law." Journal of Financial Crime 27, no. 1 (January 2, 2020): 231–44. http://dx.doi.org/10.1108/jfc-12-2018-0133.

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Purpose The purpose of this study is to demonstrate that to what extent the Iranian criminalisation of terrorism financing meets the international standards of counter-terrorism financing regime, particularly the Financing Convention and the Financial Action Task Force (FATF) Recommendations, and what is the main impediment for Iran to integrate at the international level to combat terrorism financing. Also, it tries to rate the Iranian criminalisation of terrorism financing in accordance with the FATF technical compliance rating. Design/methodology/approach This subject is analysed from an Iranian perspective by undertaking fieldwork through collecting documents in Iran and using the official documents, statements and laws, particularly the Iranian Law of Combating Financing of Terrorism (2018) from both Persian and English sources. Findings Iran’s terrorism financing offence is not completely in line with international counter-terrorism financing regime because of an exemption for the struggle of individuals, nations and national liberation movements with the aim of countering domination, foreign occupation, colonisation and racism. The Iranian support for national liberation movements is derived from the Constitutional Law that requires Iran supports the struggles of the oppressed for their rights against the oppressors anywhere in the world. As a result, the FATF Recommendation 5 (criminalisation of terrorism financing) would be rated partially compliant. Originality/value No article exists specifically on this research field. To the author’s knowledge, this paper, for the first time, examines the Iranian criminalisation of terrorism financing. It rates the criminalisation (Recommendation 5) based on the FATF technical compliance rating because no mutual evaluation has been conducted to date. The paper is useful for academicians, law enforcement, policymakers, legislators and researchers.

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Bordás, Mária. "Current issues of international law in regulating counter-insurgency and counter-terrorism." Journal of Governance and Regulation 3, no. 2 (2014): 7–20. http://dx.doi.org/10.22495/jgr_v3_i4_p1.

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The study sheds light on the current tendencies if the international law on warfare can successfully be applied in the practical reality in the progress of counterinsurgency and counterterrorism efforts. There have been two phenomena identified recently in the warfare which are endangering public security and public safety of the democratic states of the world: terrorism and insurgency. Both of them mean a threat and violation to the population and the government authorities. It has been queried in the military literature whether these new forms of warfare should be handled by military engagements or law enforcement. This is, nevertheless, not just a dilemma of the strategy how to combat against it, but should be, at the same time, in accordance with the international legal regulations, too

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Palmer, Darren, and Chad Whelan. "Counter‐terrorism across the Policing Continuum." Police Practice and Research 7, no. 5 (December 2006): 449–65. http://dx.doi.org/10.1080/15614260601076082.

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Pék, Tamás. "Overview of the defifinitions of terrorism in international criminal law." Magyar Rendészet 22, no. 1 (May 11, 2022): 65–78. http://dx.doi.org/10.32577/mr.2022.1.4.

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Nowadays terrorism is one of the most dangerous, domestic and international security threat in the world. There are national, regional and global efforts in the field of counter-terrorism which are codified in international, regional and national criminal codes, treaties. Unfortunately and despite the seriousness of this threat there is no internationally accepted common definition of terrorism in the “global” international criminal law. At the level of regional and national treaties, in some parts of the criminal codes some types of terrorism are defined. Academic research and its results could be used at the legislation process, but this research has struggled to identify a widely accepted definition of terrorism. Hence we can find several definitions and typology of terrorism which could prove problematic for the legislators. This lack of common definition proves to be one of the main hurdles of effective cooperation among states and criminal authorities also having a negative impact on the effectiveness of counter-terrorism measures. My paper demonstrates in three chapters this definitional problem with regard to criminal law. In the conclusion I outline some proposals and probable directions of a new regulatory method in order to mitigate this problem through reaching an accepted common definition in legislations and criminal law.

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Adarkwah, Samuel Boadi. "Counter-Terrorism Framework and Individual Liberties in Ghana." African Journal of International and Comparative Law 28, no. 1 (February 2020): 50–65. http://dx.doi.org/10.3366/ajicl.2020.0301.

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Does the flow of legislation arising from the United Nations Security Council's Resolution 1373 framework create rule-of-law and other issues of liberty for individuals in emerging democracies? This article examines the surveillance and other counter-terrorism laws created by Ghana, a Member State of the United Nations, in response to its international law obligation to combat terrorism. The article finds that significant tension exists between the government's attempt to implement legislation for the detection and suppression of terrorist acts and the rule of law and the enjoyment of individual freedoms and liberties in Ghana.

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Hardy, Keiran. "Resilience in UK counter-terrorism." Theoretical Criminology 19, no. 1 (July 9, 2014): 77–94. http://dx.doi.org/10.1177/1362480614542119.

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Margariti, Stella. "Defining International Terrorism to Protect Human Rights in the Context of Counter-terrorism." Security and Human Rights 29, no. 1-4 (December 12, 2018): 173–98. http://dx.doi.org/10.1163/18750230-02901004.

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The main argument of this article is that defining international terrorism will further the protection of human rights in the context of counter-terrorism. For this purpose, it will be shown that the transnational legal system under which counter-terrorism operates is fraught with problems regarding human rights protection. Secondly, it will be shown how domestic counter-terrorism legislation can become a breeding ground for serious human rights violations, when based on too broad or otherwise problematic definitions of terrorism. Finally, it will be explored how human rights protection has been addressed so far by the relevant bodies of the United Nations and to what extent, if finalised, an internationally agreed upon definition of terrorism in the framework of the UN Comprehensive Convention will contribute to a fuller enjoyment of rights in a counterterrorism context.

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Tiempo Devorado, Redacción. "La visión coetánea. Cuando Europa neutralizaba su propio terrorismo." Tiempo devorado 3, no. 1 (May 21, 2016): 142–44. http://dx.doi.org/10.5565/rev/tdevorado.64.

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Reseñas de los libros de Peter Chalk, West European Terrorism and Counter-Terrorism. The Evolving Dynamic (Houndmills, Basingstoke, Hampshire & London, MacMillan Press, 1996) y Marianne van Leeuwen (ed.), Confronting Terrorism. European Experiences, Threat Perceptions and Policies (La Haya, Kluwer Law International, 2002)

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Larue, Patrick F. "Judicial Responses to Counter-Terrorism Law after September 11." Democracy and Security 13, no. 1 (December 16, 2016): 71–95. http://dx.doi.org/10.1080/17419166.2016.1264302.

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Gainetdinova, G. S. "SYSTEM OF COUNTER-TERRORISM AUTHORITIES IN RUSSIA AND CERTAIN FOREIGN STATES." Vestnik of the Russian University of Cooperation, no. 3(45) (October 10, 2021): 94–98. http://dx.doi.org/10.52623/2227-4383-3-45-17.

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There is not a single state in the whole world whose leadership would not be aware of the danger posed by terrorism and would not make efforts to form a system of anti-terrorist measures. The article analyzes the system of counter-terrorism agencies in Russia and in some foreign countries. Cardinal reforms in law enforcement, law enforcement agencies and services are discussed immediately after major terrorist attacks in the countries under study. There are similar features in the functioning of the systems of counter-terrorism agencies in Russia, the United States and Israel. The article analyzes the Global Terrorism Index in dynamics for 2014–2020, on the basis of which it is concluded that US government programs to combat terrorism have not yielded the desired results in protecting the constitutional rights and freedoms of man and citizen. It is shown that due to the active interaction of law enforcement agencies (special services, army, police) in Russia and Israel, there is a positive dynamics of anti-terrorist activity.

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Lennon, Genevieve. "Precautionary tales: Suspicionless counter-terrorism stop and search." Criminology & Criminal Justice 15, no. 1 (October 28, 2013): 44–62. http://dx.doi.org/10.1177/1748895813509637.

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Shamara, Oleksandr. "ROLE OF THE PROSECUTOR'S OFFICE IN THE NATIONAL SYSTEM OF FIGHTING TERRORISM IN UKRAINE." International Journal of Legal Studies ( IJOLS ) 4, no. 2 (December 30, 2018): 151–58. http://dx.doi.org/10.5604/01.3001.0013.0010.

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The paper presents the research on the Role of the Prosecutor of Ukraine in the national system of counteracting terrorism. In the paper the author undertook an attempt of the analysis of Ukraine legislative system in the field of current (as of 30/09/2018) legal tools to counter terrorism, including Constitution of Ukraine, Prosecutor of Ukraine Law, National Security Law and the Act on combating terrorism.

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Murphy, Kristina, Natasha S. Madon, and Adrian Cherney. "Promoting Muslims’ cooperation with police in counter-terrorism." Policing: An International Journal 40, no. 3 (August 21, 2017): 544–59. http://dx.doi.org/10.1108/pijpsm-05-2016-0069.

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Purpose Procedural justice is important for fostering peoples’ willingness to cooperate with police. Theorizing suggests this relationship results because procedural justice enhances perceptions that the police are legitimate and entitled to be supported. The purpose of this paper is to examine how legitimacy perceptions moderate the effect of procedural justice policing on Muslims’ willingness to cooperate with police. Design/methodology/approach Survey data from 800 Muslims in Australia are used. Findings This study shows Muslims’ procedural justice perceptions are positively associated with two types of cooperation: willingness to cooperate with police in general crime control efforts; and willingness to report terror threats to police. Muslims’ perceptions of police legitimacy and law legitimacy also influence willingness to cooperate. Specifically, police legitimacy is more important for predicting general willingness to cooperate with police, while law legitimacy is more important for predicting Muslims’ willingness to report terror threats. Importantly, legitimacy perceptions moderate the relationship between procedural justice and both types of cooperation. Specifically, procedural justice promotes cooperation more strongly for those who question the legitimacy of police or the legitimacy of counter-terrorism laws, but the moderation effects differ across the two cooperation contexts. The findings have implications for procedural justice scholarship and for counter-terrorism policing. Originality/value The current paper examines an under-explored aspect of legitimacy; it examines police legitimacy perceptions, but also examines how people view the legitimacy of laws police enforce (i.e. law legitimacy). It is argued that perceptions about law legitimacy can also impact people’s willingness to cooperate with police.

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Eijkman, Quirine. "Preventive counter-terrorism and non-discrimination assessment in the European Union." Security and Human Rights 22, no. 2 (2011): 89–101. http://dx.doi.org/10.1163/187502311797457102.

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AbstractAs a result of the 9/11 terrorist attacks and the bombings in Madrid and London, a prevention-focused counter-terrorism approach has developed across the European Union. Preventive counter-terrorism is appealing because it implies interventions that remove the ability or, better still, the motivation of potential terrorists to carry out their lethal designs. Member states such as the United Kingdom and the Netherlands that primarily have experience in addressing 'home-grown' terrorism, have developed preventive counter-terrorism measures in response. Even though the majority of these laws, regulations and policies recognize the importance of the rule of law and human rights, it remains relevant to examine whether in theory and in practice particular measures have had disproportionate effects on ethnic and religious minorities and thereby violate non-discrimination standards.

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Singh, Satyavir. "Terrorism and Counter-Terrorism in South Asia : Challenges and Policy Options." India Quarterly: A Journal of International Affairs 58, no. 3-4 (July 2002): 145–64. http://dx.doi.org/10.1177/097492840205800306.

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Threats from the cross-border terrorism and separatism nexus between narcotic mafias and terrorist and insurgent groups, religious and political extremism, and aggressive nationalism pose new challenges to the viability of large multi-ethnic, multi-lingual, multicultural and multi-religious states of the South Asia Region (SAR) and there is an urgent need to combat these challenges through democracy, secularism, tolerance, regional co-operation and rule of law. The largest drug producing areas of the world Golden Crescent and Golden Triangle lie within the geographic proximity of the SAR. These geographical links are exacerbated by the connection between narcotics and arms, with the sea routes of the Arabian Sea and the Bay of Bengal providing ideal conduits for supply of both arms and narcotics. This resulted in the lethal cocktail of narco-terrorism and such a nexus can encourage ‘maritime terrorism’, in the coastal and island states of the SAR.

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Paper by the Commonwealth Secretari. "THE COUNTER‐TERRORISM PROGRAMME: REVIEW AND NEXT STEPS." Journal of Commonwealth Law and Legal Education 6, no. 2 (October 2008): 209–16. http://dx.doi.org/10.1080/14760400902969859.

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Journal articles on the topic 'Counter-terrorism law'

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