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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New titles

Updated every Friday morning.

The Peace Palace Library has a collection of over a million publications. Each week, about six hundred new titles are added to our collection: books, articles, documents, online publications, etc. On this page, access is provided to this week’s new titles on Terrorism and related subjects.


1. A Turn Toward Experimentalism?
A Turn Toward Experimentalism? : Rethinking Security and Governance in the Twenty-First Century / Mark T. Nance, M. Patrick Cottrell In: Review of International Studies = ISSN 0260-2105: vol. 40, issue 2, page 277-301. - 2014
Keywords: United States of America, Terrorism, National security, Governance, Financial Action Task Force on Money Laundering, Money laundering, Finances,

2. Humanitarian Action, Development and Terrorism
Humanitarian Action, Development and Terrorism / Andrej Zwitter. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 315-332 In: Research Handbook on International Law and Terrorism / edited by Ben Saul, ISBN 9780857938800: (2014), Page 315-332. - 2014
Keywords: Humanitarian assistance, Foreign aid, Protection, Armed conflicts, Terrorism, International humanitarian law,

3. International Human Rights Law and Terrorism: an Overview
International Human Rights Law and Terrorism: an Overview / Helen Duffy. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 335-360 In: Research Handbook on International Law and Terrorism / edited by Ben Saul, ISBN 9780857938800: (2014), Page 335-360. - 2014
Keywords: Terrorism, Human rights,

4. Extraordinary Rendition, Counter-Terrorism and International Law
Extraordinary Rendition, Counter-Terrorism and International Law / Silvia Borelli. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 361-378 In: Research Handbook on International Law and Terrorism / edited by Ben Saul, ISBN 9780857938800: (2014), Page 361-378. - 2014
Keywords: Terrorism, Prevention, Transfer of prisoners, Human rights, Judicial review,

5. Torture and Counter-Terrorism
Torture and Counter-Terrorism / Ben Saul and Mary Flanagan. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 379-400 In: Research Handbook on International Law and Terrorism / edited by Ben Saul, ISBN 9780857938800: (2014), Page 379-400. - 2014
Keywords: United States of America, Terrorism, Prevention, Interrogation, Torture, Human rights, Accountability,

6. Counter-Terrorist Detention and International Human Rights Law
Counter-Terrorist Detention and International Human Rights Law / Fiona de Londras. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 401-417 In: Research Handbook on International Law and Terrorism / edited by Ben Saul, ISBN 9780857938800: (2014), Page 401-417. - 2014
Keywords: Terrorism, Prevention, Detention, Human rights, State of emergency,

7. Terrorism Prosecutions and the Right to a Fair Trial
Terrorism Prosecutions and the Right to a Fair Trial / Clive Walker. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 418-436 In: Research Handbook on International Law and Terrorism / edited by Ben Saul, ISBN 9780857938800: (2014), Page 418-436. - 2014
Keywords: Terrorism, Criminal justice, Administration of justice, Fair administration of justice,

8. Terrorism and Freedom of Expression in International Law
Terrorism and Freedom of Expression in International Law / Yaël Ronen. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 437-452 In: Research Handbook on International Law and Terrorism / edited by Ben Saul, ISBN 9780857938800: (2014), Page 437-452. - 2014
Keywords: Terrorism, Prevention, Hate speech, Criminalization, International instruments, Freedom of expression, Human rights,

9. Terrorism, Surveillance and Privacy
Terrorism, Surveillance and Privacy / Simon Chesterman. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 453-469 In: Research Handbook on International Law and Terrorism / edited by Ben Saul, ISBN 9780857938800: (2014), Page 453-469. - 2014
Keywords: Terrorism, Prevention, Intelligence, Law enforcement, Privacy, Human rights,

10. Terrorism and International Refugee Law
Terrorism and International Refugee Law / Geoff Gilbert. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 470-485 In: Research Handbook on International Law and Terrorism / edited by Ben Saul, ISBN 9780857938800: (2014), Page 470-485. - 2014
Keywords: Convention relating to the Status of Refugees (Geneva, 28 July 1951), Terrorism, Refugees, Legal status,

11. Terrorism and Migration Law
Terrorism and Migration Law / Elspeth Guild. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 486-502 In: Research Handbook on International Law and Terrorism / edited by Ben Saul, ISBN 9780857938800: (2014), Page 486-502. - 2014
Keywords: Terrorism, Prevention, Immigration, Expulsion, Transfer of prisoners, Human rights,

12. Special Measures: Terrorism and Control Orders
Special Measures: Terrorism and Control Orders / Andrew Lynch. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 503-520 In: Research Handbook on International Law and Terrorism / edited by Ben Saul, ISBN 9780857938800: (2014), Page 503-520. - 2014
Keywords: Australia, Great Britain, Terrorism, Prevention, Criminal law, Human rights,

13. Judicial Supervision of Anti-Terrorism Laws in Comparative Democracies
Judicial Supervision of Anti-Terrorism Laws in Comparative Democracies / Craig Forcese. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 521-537 In: Research Handbook on International Law and Terrorism / edited by Ben Saul, ISBN 9780857938800: (2014), Page 521-537. - 2014
Keywords: Terrorism, Prevention, Judicial organisation, Independence, Judicial review,

14. Victims' Redress amid Terrorism's Changing Tactics and Strategies
Victims' Redress amid Terrorism's Changing Tactics and Strategies / Ilaria Bottigliero and Lyal S. Sunga. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 538-552 In: Research Handbook on International Law and Terrorism / edited by Ben Saul, ISBN 9780857938800: (2014), Page 538-552. - 2014
Keywords: Terrorism, Victims, Compensation for damage, Legal regime, Principles,

15. The United Nations General Assembly and Terrorism
The United Nations General Assembly and Terrorism / Jane Boulden. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 555-571 In: Research Handbook on International Law and Terrorism / edited by Ben Saul, ISBN 9780857938800: (2014), Page 555-571. - 2014
Keywords: United Nations, General Assembly, Terrorism, International instruments,

16. The Role of the United Nations Counter-Terrorism Implementation Task Force and the United Nations Counter-Terrorism Centre
The Role of the United Nations Counter-Terrorism Implementation Task Force and the United Nations Counter-Terrorism Centre / Marc Porret. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 572-590 In: Research Handbook on International Law and Terrorism / edited by Ben Saul, ISBN 9780857938800: (2014), Page 572-590. - 2014
Keywords: United Nations, Terrorism, Prevention, Strategy, Institutions and organs,

17. The Role of the United Nations Office on Drugs and Crime's Terrorism Prevention Branch
The Role of the United Nations Office on Drugs and Crime's Terrorism Prevention Branch / Marta Requena. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 591-607 In: Research Handbook on International Law and Terrorism / edited by Ben Saul, ISBN 9780857938800: (2014), Page 591-607. - 2014
Keywords: United Nations, Terrorism, Prevention, Criminal justice, Assistance,

18. The United Nations Security Council's Counter-Terrorism Al-Qaida Sanctions Regime: Resolution 1267 and the 1267 Committee
The United Nations Security Council's Counter-Terrorism Al-Qaida Sanctions Regime: Resolution 1267 and the 1267 Committee / Lisa Ginsborg. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 608-625 In: Research Handbook on International Law and Terrorism / edited by Ben Saul, ISBN 9780857938800: (2014), Page 608-625. - 2014
Keywords: United Nations, Security Council, Al-Qaida, Terrorism, Prevention, Sanctions, Human rights,

19. A Critical Assessment of United Nations Security Council Resolution 1373
A Critical Assessment of United Nations Security Council Resolution 1373 / Luis Miguel Hinojosa-Martínez. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 626-650 In: Research Handbook on International Law and Terrorism / edited by Ben Saul, ISBN 9780857938800: (2014), Page 626-650. - 2014
Keywords: United Nations, Security Council, Terrorism, Prevention, Resolutions, Obligations of the state, Implementation,

20. The United Nations Special Tribunal for Lebanon: Prosecuting Terrorism
The United Nations Special Tribunal for Lebanon: Prosecuting Terrorism / Guénaël Mettraux. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 651-665 In: Research Handbook on International Law and Terrorism / edited by Ben Saul, ISBN 9780857938800: (2014), Page 651-665. - 2014
Keywords: Lebanon, Special Tribunal for Lebanon, Criminal offences, Terrorism, Legal concept,

21. Challenges in United Nations Counter-Terrorism Coordination
Challenges in United Nations Counter-Terrorism Coordination / James Cockayne. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 666-682 In: Research Handbook on International Law and Terrorism / edited by Ben Saul, ISBN 9780857938800: (2014), Page 666-682. - 2014
Keywords: United Nations, Terrorism, Prevention, Global governance,

22. The Legal Response to Terrorism of the European Union and Council of Europe
The Legal Response to Terrorism of the European Union and Council of Europe / Cian Murphy. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 685-700 In: Research Handbook on International Law and Terrorism / edited by Ben Saul, ISBN 9780857938800: (2014), Page 685-700. - 2014
Keywords: Council of Europe, European Union, Terrorism, Prevention,

23. The Legal Response of the Organisation of American States in Combating Terrorism
The Legal Response of the Organisation of American States in Combating Terrorism / Mirko Sossai. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 701-716 In: Research Handbook on International Law and Terrorism / edited by Ben Saul, ISBN 9780857938800: (2014), Page 701-716. - 2014
Keywords: Organization of American States, Terrorism, Prevention, Legal regime, Human rights,

24. The Legal Response to Terrorism of the Organization of Islamic Cooperation
The Legal Response to Terrorism of the Organization of Islamic Cooperation / Katja Samuel. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 717-733 In: Research Handbook on International Law and Terrorism / edited by Ben Saul, ISBN 9780857938800: (2014), Page 717-733. - 2014
Keywords: Organization of the Islamic Conference, Terrorism, Prevention, Legal regime, Soft law,

25. Counter-Terrorism and Pan-Africanism: from Non-Action tot Non-Indifference
Counter-Terrorism and Pan-Africanism: from Non-Action tot Non-Indifference / Martin Ewi and Anton Du Plessis. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 734-753 In: Research Handbook on International Law and Terrorism / edited by Ben Saul, ISBN 9780857938800: (2014), Page 734-753. - 2014
Keywords: Organization of African Unity, African Union, Terrorism, Prevention, Regional instruments,

26. Regional Legal Responses to Terrorism in Asia and the Pacific
Regional Legal Responses to Terrorism in Asia and the Pacific / Rohan Gunaratna and Gloria Cheung. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 754-775 In: Research Handbook on International Law and Terrorism / edited by Ben Saul, ISBN 9780857938800: (2014), Page 754-775. - 2014
Keywords: Asia and the Pacific, Regional organizations, Terrorism, Prevention, Legal regime, Implementation,

27. Extraterritoriality and National Security: Protective Jurisdiction as a Circumstance Precluding Wrongfulness
Extraterritoriality and National Security: Protective Jurisdiction as a Circumstance Precluding Wrongfulness / Noah Bialostozky In: Columbia Journal of Transnational Law = ISSN 0010-1931: vol. 52, issue 3, page 617-688. - 2014
Keywords: United States of America, National security, Terrorism, Criminal jurisdiction, Extraterritorial jurisdiction,

28. "Jihadist" Radicalization in East Africa
"Jihadist" Radicalization in East Africa : two Case Studies / John C. Amble, Alexander Meleagrou-Hitchens In: Studies in Conflict and Terrorism = ISSN 1057-610X: vol. 37, issue 6, page 523-540. - 2014
Keywords: Kenya, Somaliland, Islam, Fundamentalism, Terrorism, Socio-economic conditions,

29. Targeted killing of drug lords: traffickers as members of armed opposition groups and/or direct participants in hostilities
Targeted killing of drug lords: traffickers as members of armed opposition groups and/or direct participants in hostilities / Patrick Gallahue. - [Colchester] : International Centre on Human Rights and Drug Policy, 2011. - Page 15-34. - (International journal on human rights and drug policy ; vol. 1 (2010)) Includes bibliographical references and abstract. - 2011
Keywords: United States of America, Afghanistan, Taliban, Drugs, Terrorism, Targeted killings, International humanitarian law, E-docs,

30. National Security and the Protection of Constitutional Liberties: How the Foreign Terrorist Organization List Satisfies Procedural Due Process
National Security and the Protection of Constitutional Liberties: How the Foreign Terrorist Organization List Satisfies Procedural Due Process / Aaron L. Schwartz In: Penn State Journal of Law and International Affairs = ISSN 2168-7951: vol. 3, issue 1, page 292-323. - 2014
Keywords: United States of America, Terrorism, National security, Constitutional law, Administration of justice,

Librarian's choice

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  • Saul, B. (ed.), Research Handbook on International Law and Terrorism, Cheltenham, Edward Elgar, 2014.

    Saul, B. (ed.), Research Handbook on International Law and Terrorism, Cheltenham, Edward Elgar, 2014

    This Handbook brings together leading scholars and practitioners to examine the prolific body of international laws governing terrorism. It exhaustively covers the global response to terrorism in transnational criminal law, the international law on the use of force, international humanitarian law, international human rights law, the law of State responsibility, the United Nations Security Council, General Assembly, UN specialised bodies, and regional organisations. It also addresses special legal issues in dealing with terrorism such as gender, religion, victims of terrorism, weapons of mass destruction, and customary law.

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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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