Terrorism

Introduction

Terrorism - Research Guide International Law

The adoption of the Convention for the Prevention and Punishment of Terrorism by the League of Nations in 1937 marked the entrance of terrorism in the field of international law. The present-day international legal framework for the prevention and combatting of terrorism started in the 1960’s with the adoption of the 1963 Convention on Offences and certain other Acts committed on Board Aircraft. This framework now consists of various multilateral treaties and protocols relating to specific categories of terrorist acts as well as several regional conventions on international terrorism in general. However, a comprehensive multilateral convention on terrorism is still lacking. This is mainly due to the continuing lack of agreement within the United Nations on a common definition of international terrorism.

This Research Guide is intended as a starting point for research on Terrorism. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library’s classification index code 250a. Crimes against Foreign States (Counterfeiting Currency, Terrorism, etc.) and subject heading (keyword) Terrorism are instrumental for searching through the Catalogue. Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.

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Periodicals, serial publications

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1. Content and Impact of Approximation: the Case of Terrorist Offences (Council Framework Decisions of 2002 and 2008)
Content and Impact of Approximation: the Case of Terrorist Offences (Council Framework Decisions of 2002 and 2008) / Pedro Caeiro and Miguel Ângelo Lemos. - Bruxelles : Editions de l'Université de Bruxelles. - Page 153-167 In: Approximation of Substantive Criminal Law in the EU : the Way Forward / edited by Francesca Galli and Anne Weyembergh, ISBN 9782800415444: (2013), Page 153-167. - 2013
Keywords: European Union, Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community (Lisbon, 13 December 2007), Member states, Justice and home affairs, Terrorism, Criminal offences, Unification of law, European criminal law,

2. Counterterrorism and New Deterrence
Counterterrorism and New Deterrence / Samuel J. Rascoff In: New York University Law Review = ISSN 0028-7881: vol. 89, issue 3, page 831-884. - 2014
Keywords: United States of America, Terrorism, Prevention, Deterrence, National security, Legal regime,

3. Human Rights in the Criminal Code?
Human Rights in the Criminal Code? : a Critique of the Curious Implementation of the EU and Council of Europe Instruments on Combating and Preventing Terrorism in Belgian Criminal Legislation / Steven Dewulf In: European Journal of Crime Criminal Law and Criminal Justice = ISSN 0928-9569: vol. 22, issue 1, page 33-57. - 2014
Keywords: Belgium, Terrorism, Human rights, Criminal law, International law and domestic law, Community law and municipal law,

4. Translational criminology and counterterrorism
Translational criminology and counterterrorism : global threats and local responses / Leslie W. Kennedy, Yasemin Irvin-Erickson, Alexis R. Kennedy. - New York, NY : Springer, 2014. - viii, 63 pages. : illustrations. - (SpringerBriefs in criminology, Translational criminology, ISSN 2192-8533) Includes bibliographical references and index. - 2014
Keywords: Terrorism, Prevention, Criminology, Risk assessment, E-books,

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  • Wagstaff, R.H., Terror Detentions and the Rule of Law: US and UK Perspectives, New York, Oxford University Press, 2014.

    R.H. Wagstaff, Terror Detentions and the Rule of Law: US and UK Perspectives, New York, Oxford University Press, 2014.

    After the 9/11 terrorist attacks, the United States and the United Kingdom detained suspected terrorists in a manner incompatible with the due process, fair trial, and equality requirements of the rule of law. The legality of the detentions was challenged and found wanting by the highest courts in both the US and UK. The US courts approached these questions as matters within the law of war, whereas the UK courts examined these questions within a human rights criminal law context. The analytical focus of the author is on the four US Supreme Court decisions involving detentions in Guantanamo Bay and four House of Lords decisions involving detentions that began in the Belmarsh Prison. These decisions are analyzed within the contexts of history, criminal law, constitutional law, human rights and international law, and various jurisprudential perspectives. In this book Dr. Wagstaff argues that time-tested criminal law is the normatively correct and most effective means for dealing with suspected terrorists. He also suggests that preventive, indefinite detention of terrorist suspects upon suspicion of wrongdoing contravenes the domestic and international rule of law, treaties and customary international law. As such, new legal paradigms for addressing terrorism are shown to be normatively invalid, illegal, unconstitutional, counter-productive, and in conflict with the rule of law.

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  • Setty, S. (ed.), Constitutions, Security, and the Rule of Law, New York, International Debate Educational Association, 2014.

    Setty, S. (ed.), Constitutions, Security, and the Rule of Law, New York, International Debate Educational Association, 2014.

    Constitutions, Security, and the Rule of Law offers diverse international perspectives on the way in which the rule of law shifts in times of emergency or heightened security. It addresses individual rights issues within the context of questioning how government works and ought to work in light of serious security concerns, thereby enabling readers to understand how national security concerns have distorted constitutions and impinged on human and civil rights. Five thematic sections examine: 1. How different constitutional structures deal with security concerns 2. What part of government controls security measures 3. What constraints supranational and international law place on individual nations when it comes to security 4. What the public has a right to know in times of heightened security 5. What rights the public can exercise in times of heightened security and how citizens can hold government accountable for protecting these rights.

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  • Chermak, S.M, and J.D. Freilich (eds.), Transnational Terrorism, Farnham, Ashgate, 2013.

    Chermak, S.M, and J.D. Freilich (eds.), Transnational Terrorism, Farnham, Ashgate, 2013.

    The dramatic terrorist attacks of 9/11 highlighted significant gaps in research on the topic as governments, community groups, social service agencies and law enforcement agencies were forced to respond without any evidence-based guidance on best practices for tactics, strategies, and policy development. The essays selected for this volume demonstrate that transnational terrorism is now a thriving area of study and display the breadth and depth of scholarship that has recently been published. The research draws attention to global patterns of transnational terrorism; highlights various structural and cultural explanations; provides an overview of some of the ways that terrorism impacts society; and discusses strategies used to effectively respond to transnational terrorism. This volume, which is of interest to academics, policymakers and practitioners, provides a repository of some of the best contemporary research in this field..

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  • Cole, D. (et al.)(eds.), Secrecy, National Security and the Vindication of Constitutional Law, Cheltenham, Elgar, 2013.

    Cole, D. (et al.)(eds.), Secrecy, National Security and the Vindication of Constitutional Law, Cheltenham, Elgar, 2013.

    Virtually every nation has had to confront tensions between the rule-of-law demands for transparency and accountability and the need for confidentiality with respect to terrorism and national security. This book provides a global and comparative overview of the implications of governmental secrecy in a variety of contexts. Expert contributors from around the world discuss the dilemmas posed by the necessity for – and evils of – secrecy, and assess constitutional mechanisms for checking the abuse of secrecy by national and international institutions in the field of counter-terrorism. In recent years, nations have relied on secret evidence to detain suspected terrorists and freeze their assets, have barred lawsuits alleging human rights violations by invoking ‘state secrets’, and have implemented secret surveillance and targeted killing programs. The book begins by addressing the issue of secrecy at the institutional level, examining the role of courts and legislatures in regulating the use of secrecy claims by the executive branch of government. From there, the focus shifts to the three most vital areas of anti-terrorism law: preventive detention, criminal trials and administrative measures (notably, targeted economic sanctions). The contributors explore how assertions of secrecy and national security in each of these areas affect the functioning of the legal system and the application of procedural justice and fairness.

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  • Beekarry, N. (ed.), Combating Money Laundering and Terrorism Finance: Past and Current Challenges, Cheltenham, Edward Elgar Publishing, 2013.

    Beekarry, N. (ed.), Combating Money Laundering and Terrorism Finance: Past and Current Challenges, Cheltenham, Edward Elgar Publishing, 2013.

    This book addresses the broader legal, policy and regulatory issues confronting the international community in its search for effective methodologies to combat money laundering and terrorist financing. New threats must always be met with new regulatory approaches. Alongside an original introduction to the area, which also addresses the 2012 recommendations of the Financial Action Task Force, the editor has selected key papers assessing the task, including work examining the recent shift from a rule-based to a risk-based approach. This volume is an major source of reference for anyone interested in this dynamic field.

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  • Van den Herik, L., and N. Schrijver (eds.), Counter-Terrorism Strategies in a Fragmented International Legal Order : Meeting the Challenges, Cambridge, Cambridge University Press, 2013.

    Van den Herik, L., and N. Schrijver (eds.), Counter-Terrorism Strategies in a Fragmented International Legal Order : Meeting the Challenges, Cambridge, Cambridge University Press, 2013.

    Few events have influenced our global order as intensely as the events of September 11, 2001. At various levels in the past ten years, persistent attempts have been made to address the threat of terrorism, yet there is still urgent need for a joint and coherent application of a variety of regulations relating to international criminal justice co-operation, the use of force and international human rights law. In an important contribution to international discourse, Larissa van den Herik and Nico Schrijver examine the relationship between different branches of international law and their applicability to the problem of terrorism and counter-terrorism. Using a unique combination of academic perspectives, practitioners’ insights and a comprehensive three-part approach, Counter-terrorism Strategies in a Fragmented International Legal Order offers sound policy recommendations alongside thorough analysis of the state of international law regarding terrorism and provides fresh insights against the backdrop of recent practice.

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  • Hanhimäki, J.M., and B. Blumenau (eds.), An International History of Terrorism: Western and Non-Western Experiences, London, Routledge, 2013.

    Hanhimäki and Blumeau

    The aim of this book is to provide readers with the tools to understand the historical evolution of terrorism and counterterrorism over the past 150 years. In order to appreciate the contemporary challenges posed by terrorism it is necessary to look at its evolution, at the different phases it has gone through, and the transformations it has experienced. The same applies to the solutions that states have come up with to combat terrorism: the nature of terrorism changes but still it is possible to learn from past experiences even though they are not directly applicable to the present. This book provides a fresh look at the history of terrorism by providing in-depth analysis of several important terrorist crises and the reactions to them in the West and beyond. The general framework is laid out in four parts: terrorism prior to the Cold War, the Western experience with terrorism, non-Western experiences with terrorism, and contemporary terrorism and anti-terrorism. The issues covered offer a broad range of historical and current themes, many of which have been neglected in existing scholarship; it also features a chapter on the waves phenomenon of terrorism against its international background.

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  • Samuel, K.L.H., and N.D. White (eds.), Counter-Terrorism and International Law, Farnham, Ashgate, 2012.

    Samuel, K.L.H., and N.D. White (eds.), Counter-Terrorism and International Law, Farnham, Ashgate, 2012.

    The articles and essays in this volume consider the problem of international terrorism from an international legal perspective. The articles address a range of issues starting with the dilemma of how to reach agreement on what constitutes terrorism and how to encapsulate this in a legitimate definition. The essays move on to examine the varied responses to terrorism by states and international organisations. These responses range from the suppression conventions of the Cold War, which were directed at criminalising and punishing various manifestations of terrorism, to more coercive, executive-led responses. Finally, the articles consider the role of the Security Council in developing legal regimes to combat terrorism, for example by the use of targeted sanctions, or by general legislative measures. An evaluation of the contribution of the sum of these measures to the goals of peace and security as embodied in the UN Charter is central to this collection.

     

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  • Proulx, V.-J., Transnational Terrorism and State Accountability : A New Theory of Prevention, Oxford, Hart, 2012.

    Proulx, V.-J., Transnational Terrorism and State Accountability : A New Theory of Prevention, Oxford, Hart, 2012.

    Every State has an obligation to prevent terrorist attacks emanating from its territory. This proposition stems from various multilateral agreements and UN Security Council resolutions. This study exhaustively addresses the scope of this obligation of prevention and the legal consequences flowing from its violation, so as to provide greater clarity on governments’ counterterrorism duties and to enhance State accountability for preventable wrongs. It defines the contents and contours of the obligation while placing critical emphasis on the mechanics of State responsibility. Whether obscured by new technologies like the Internet, the sophisticated cellular structure of some terrorist organisations or convoluted political realities, the level of governmental involvement in terrorist activities is no longer readily discernible in every instance. Furthermore, the prospect of governments waging surrogate warfare through proxies also poses intractable challenges to the mechanism of attribution in the context of State responsibility. This monograph sets out the shortcomings of the extant scheme of State responsibility while identifying a paradigm shift towards more indirect modes of accountability under international law, a trend corroborated by recent State and institutional practice. Drawing on varied legal and theoretical influences, the study devises and prescriptively argues for the implementation of a strict liability-inspired model grounded in the logic of indirect responsibility with a view to enhancing State compliance with counterterrorism obligations. This shifts the policy focus squarely to prevention, while promoting multilateralism and transnational cooperation. Ultimately, the legal and policy sensibilities underlying the book converge into a new theory of prevention in counterterrorism contexts.

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Database

Blogs

  • Nuclear security: Dangers and Achievements

    Nuclear security is generally accepted to mean “the prevention of, detection of, and response to, criminal or intentional unauthorized acts involving or directed at nuclear material, other radioactive material, associated facilities, or associated activities”. In short it is about preventing terrorists from acquiring radioactive material or attacking nuclear facilities. Since the terrorist attacks of 11 September 2001, nuclear security concerns have been heightened, but how real is the danger and what are the legal instruments to combat nuclear terrorism?

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  • Homeland, Zero Dark Thirty and Jack Bauer: Rendition, Torture and the Demise of American Values

    The latest in a series of Hollywood productions which reopened a debate about torture and extraordinary rendition is Zero Dark Thirty. Real life variations of Hollywood-scenarios have been unfolding as the US government has engaged in a program of extraordinary rendition since the Clinton Administration and which became widespread under the Bush Administration following the September 11 terrorist attacks.This blog examines Obama’s policy towards torture and (extraordinary) rendition.

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  • Colombia: At Last Peace with the FARC?

    Columbia’s fourth attempt at peace with the Revolutionary Forces of Colombia (FARC) started formally last month in Oslo and will continue the 15th of November in Havana, Cuba. The earlier attempts- starting in 1984, 1990 and 1998- to end one of Latin America’s longest and bloodiest armed conflict all failed. Why would the outcome of the peace talks this time be different?

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  • New Institute for Counter-terrorism in the Hague

    Three Hague-based organizations, T.M.C. Asser Institute, the Centre for Terrorism and Counterterrorism of the University of Leiden/Campus Den Haag and the Dutch Institute for International Relations ‘Clingendael’, announced to join forces to set up an independent institute that will contribute to the study and policy-making in the field of counter-terrorism. The institute is financed by [...]

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  • International Conference on Afghanistan, The Hague, 31 March 2009

    On 31 March 2009, the Dutch government is hosting the ´International Conference on Afghanistan: a Comprehensive Strategy in a Regional Context´ at the World Forum in The Hague.

    Building on the achievements of previous Conferences in Bonn, London and Paris, this Conference should reaffirm the solid and long-term commitment of the international community to [...]

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  • Hostages rescued in Colombia

    Terrorism in the jungle. Colombian armed forces rescued 15 hostages, including former presidential candidate Ingrid Betancourt, held by the Revolutionary Armed Forces of Colombia (FARC). Ms Betancourt was held prisoner for six years in the Colombian jungle.

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