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This chapter begins with the history of the international recognition of terrorism as a crime, including through the adoption of global and regional counter-terrorism treaties, and United Nations (UN) Security Council resolutions. The chapter then turns to a discussion of the challenges associated with defining terrorism, including its material and mental elements, and with national prosecutions. The chapter also explores terrorism as a war crime, a crime against humanity, and a crime under customary international law. The chapter’s consideration of torture begins with the definition found in the UN Convention Against Torture, and considers the obligation to prosecute or extradite (aut dedere aut judicare) under that treaty. It also discusses torture as an international crime under the ICC Statute and other statutes of international criminal tribunals. The chapter ends with an examination of ecocide as an emerging crime.
Edited by
Anne Peters, Max Planck Institute for Comparative Public Law and Public International Law, Heidelberg,Christian Marxsen, Humboldt-Universität zu Berlin
This chapter reflects on the institutional strength of the Security Council. It emphasises the fact that the Security Council forms part of the greater organisation of the United Nations, composed of 193 states. While it is obvious that the Security Council is a forum of power politics, the Council is not only composed of the powerful and the permanent. This chapter submits that the less powerful states do not necessarily need always to play a secondary role – especially if they team up. The chapter is also guided by the idea that less powerful states, in particular, have an interest in the rule of law guiding international relations as a means of constraining raw power politics. The chapter thus presents an institutionalist perspective. At its core, this perspective is about checks and balances, as well as the ability to take the interests of ‘the others’ into account (i.e., those that do not have a permanent seat at the Security Council). The chapter applies this perspective to examine the exercise of distinct Security Council powers pertaining to the use of force, UN sanctions, and counter-terrorism legislation, as well as to possible new work terrains for the Security Council.
This chapter points to a dilemma at the heart of the judicial role. How can courts robustly review legislation for compliance with rights without exceeding the limits of the judicial role? And how can they pay respect to the democratically elected branches of government without ceding their obligations to uphold rights? Presenting courts as a form of constitutional ‘quality control’, this chapter argues they solve this dilemma by engaging in calibrated constitutional review. This requires judges to carefully calibrate the grounds and intensity of review depending on a complex analysis of legal and institutional concerns.
As the silence of male CRSV victims continues to be debated, some argue that gender norms and a lack of agency contribute to the silence of victims, even as others assert that victims exercise agency by speaking selectively about their experiences. In northern Nigeria, the concept of kunya—a model for appropriate behaviour rooted in the importance of secrecy and discretion—plays a role in the silencing of victims. We examine how kunya contributes to the invisibility of victims and influences their silence, as well as how victims use silence to gain social tolerability and/or protect themselves from re-victimization. We argue that an attentiveness to such community-specific cultural precepts and norms can further our understanding of the silence (and silencing) of victims and survivors.
This chapter introduces the UN’s principal approach to dealing with ‘threats without boundaries’, a category that includes terrorism, pandemic disease, WMD proliferation, and organized crime. The UN harnesses managerial governance as a way of countering these threats without resorting to unilateral, militarized responses like the War on Terror. The UN conceptualizes the threats as interdependence problems which call for a joined-up response. The chapter reveals the symmetry of threat and response, showing how each is articulated in three dimensions. First, the transboundary flow of threats calls for multilateral cooperation in response; second, the interconnection of the threats, which aggravate and incubate one another, calls for a comprehensive response; and third, the attribution of a life-span to threats without boundaries, which are serried into emergent, manifest, and residual stages, calls for a continuous response. Managerial governance, the chapter concludes, is produced through the imperative to organize attendant on the complexity that accumulates in a project that is cooperative, comprehensive and continuous.
Taking the UN’s Global Counter-Terrorism Strategy as its focus, Chapter 3 discusses strategic planning, a managerial technology of composition and arrangement. It shows how the UN organizes and manages a swarm of counter-terrorism efforts by nation-states, UN specialized agencies, and other security actors. Strategic frameworks, the chapter explains, generate a shared aesthetic that lends integrity to a profuse swarm of ever-increasing ‘thematic’ aspects of terrorism (financing, radicalization, violent extremism, critical infrastructure, and so on) and cascades of fine-grained technical guidance about how best to ‘operationalize’ counter-terrorism. One way frameworks lend a sense of order to this swarm of initiatives is by organizing different themes into discrete, tessellating modular work-packages, and the chapter shows how these are related to ‘quasi-legislative’ Security Council resolutions. The chapter describes a second way that frameworks lend a sense of order to the cascades of technical guidance by using matrices of best practices. These open out UN resolutions into Mandelbrot-like sets of micro-prescriptions generated by specialized agencies like the International Civil Aviation Organization, whose work on biometric travel documents this chapter explores.
This article examines the United Kingdom’s use of drones in an act of self-defence in a counter-terrorism operation. The government justified the targeted killing of a UK citizen in Syria – a country with which it was not at war at the time – with reference to existing laws and norms. In doing so, it contested a number of established concepts to justify its conduct as lawful activity. The article argues that modern weapons such as drones, which are used to address novel threats, lead to legal justification that in turn has the potential to create new laws. In this way, the intersection of norms, warfare and new technologies becomes a productive site of political contestation. The contribution of the article is twofold: empirically, it contributes to debates on targeted killing and discussions surrounding the meaning and interpretation of ‘imminence’ in the context of preventive self-defence in the United Kingdom; and theoretically, it adds to the constructivist literature by examining norm contestation and resulting normativity in this area. The article concludes that the legal justification in this particular instance has important implications for other emerging technologies that require discussions about how states justify their actions to conform with existing legal and normative frameworks.
The embrace of counter-terrorism techniques in the COVID-19 pandemic suggests that they has become part of the transnational muscle memory – a go-to solution when a new or immense challenge arises. Leveraging transnational counter-terrorism to respond to new crises in this way legitimates it as ‘useful’, ‘effective’, and a ‘normal’ part of governance, expanding and extending the reach of counter-terrorism actors and apparatus within the international and domestic systems. Eschewing optimism in the repairability of the transnational counter-terrorism order, this conclusion warns that mitigations such as institutional reforms, better and more precise references to human rights law, or the increased participation of civil society may allow for lawyers to mediate the fundamental problems of the practices of transnational counter-terrorism, but they cannot resolve them. The problems run too deep for that.
This introductory chapter lays out the context and enquiries for the study. It outlines how the post-9/11 characterisation of terrorism as a matter of international peace and security globalised counter-terrorism, laying the groundwork for the development of a vast institutional, legal, and political order of transnational counter-terrorism. It critiques the continuing failure to develop a binding, international legal definition of terrorism in this light, and foregrounds the practice and problems of transnational counter-terrorism further developed in the chapters that follow.
This chapter unpacks the critical relationship between African peacekeeping and the continent’s international relations, tracing peacekeeping’s evolution from the periphery to the heart of many bilateral and multilateral relationships. In the aftermath of the failed 1993 UN/US-led intervention in Somalia and 1994 Rwandan genocide, the authors argue, Western powers sought to disengage from direct military involvement on the continent, increasingly relying on African states and militaries to provide ‘African solutions to African problems’. This dynamic has evolved into Western (and, increasingly, Chinese and Russian) underwriting of African peacekeeping missions, from Somalia to the DRC, and the growing subsidising of African security states by international partners. The chapter examines this development and how it has enabled a range of African governments, from Chad to Ethiopia, to carve out greater room for manoeuvre in their (often aid-dependent) relations with international actors. This has, the authors argue, had profound implications for domestic politics in a number of instances.
This chapter sets out the field of terrorism studies and reviews the main issues and research directions that characterise the field today. The history of the discipline is summarised and terrorism and its ‘near neighbour’ hate crime are defined and compared before turning to the developments that have dominated the research agenda over the last ten years.
Chapter 4 examines how obscenity is used as a regulatory mechanism by focusing on dead enemy bodies, using the cases of Muammar Qaddafi and Osama bin Laden. Images of violently dead bodies have been circulated and mobilized in the service of the war-on-terror. This framing shapes the understanding of what war is, via which images of war are deemed legitimate grounds for visual consumption. In considering the technologies of erasure in the war-on-terror, images of Qaddafi reinforced the notion of the inevitable failure of dictatorship. The dead body image of Osama bin Laden, on the other hand, was not publicly released despite widespread demand to see it, but its visibility was characterized as a security risk. The chapter elucidates the visual grammar of images that are overtly related to foreign policy actions such as counter-terrorism or democracy promotion. These larger policy discourses are supported and reinforced by the production and circulation of images of dead enemies in particular ways. By the rupture of the dead body taboo, viewers are instructed to engage with images in specific ways, and thus to engage the policy subjects of those images in particular ways, sustaining a larger narrative of security.
Crime Prevention: Principles, Perspectives and Practices introduces readers to the theory and practice of crime prevention. Now in its third edition, this book argues for a combination of social and situational/environmental crime prevention strategies as more effective alternatives to policing, criminal justice and 'law and order' approaches. Contending that the principles of prevention can be applied to persistent crime problems such as alcohol-related violence and family and domestic violence, the book explores the prevention of other broad societal harms including terrorism, cybercrime and threats to the environment. The book features useful pedagogy such as case studies, discussion questions and extension topics, as well as new chapters on environmental crime and counter-terrorism. Written by a team of experts in the field of criminology, Crime Prevention remains an authoritative introduction to crime prevention in Australia, and is an invaluable resource for criminology students.
Terrorism involves acts with the intent of coercing or intimidating governments or societies in pursuit of goals that are generally political or ideological. It is this political/ideological component that makes it different from other forms of crime. Radicalisation is a term used to describe the psychological processes that lead to terrorism, with the term 'violent extremism' referring to actions that support ideologically driven violence. This chapter discusses approaches to preventing terrorism and violent extremism, with a focus on the definition of terrorism, the role of police in preventing terrorism, situational approaches to terrorism prevention, and social terrorism prevention. While the prevention of terrorism is the central focus of this chapter, terrorism prevention is also a vehicle to engage with topics that have broader relevance to crime prevention practice. Efforts to prevent terrorism involve all levels of government and rely heavily on policing and intelligence agencies, and also seeks to engage business and the communities to help identity and mitigate terrorism threats.
The interwar period in India was a time of great political upheaval, with the development of unprecedented mass support for the politics of anti-colonial nationalism. This period also marked the climax of the revolutionary movement in Bengal, as radicals disenchanted by the failure of the non-cooperation campaign soon returned to the tactics of assassination and political violence that they adopted before and during the war. In 1925, the return of revolutionary organizations prompted the Government of India to introduce the Bengal Criminal Law Amendment Act, despite vigorous opposition from within the newly expanded Indian legislatures. With political violence reaching unprecedented levels in the early 1930s, colonial officials became increasingly reliant on repressive emergency laws that for the first time began to target ‘terrorism’ as a distinct category of crime.
Victims have become a topic of scholarly debate in conflict studies, especially regarding the impact of their activism on the evolution and termination of violence. Victims of terrorism are now enlisted within counter-terrorism, given their moral authority as spokespeople for counter-narratives and de-escalation. Our research explores how Spanish terrorism victims’ associations have evolved across eras of political violence and how they mediate the translation of international War on Terror discourses into Spanish counter-terrorism. We offer a topography of how the War on Terror has opened a ‘social front’ in Spanish counter-terrorism, with Spanish political elites prominently employing the victims’ associations to this end. Contemporary terrorism discourses are read back onto the memory of ETA, with victims’ associations assisting the equation of ETA with al-Qaeda and ISIS. Collective memory of the defeat of ETA has also contributed the veneer of ‘lessons learned’ to contemporary counter-terrorism measures. Our research explores the fluidity of terrorism-memory and the importation of global terrorism discourses into Spanish politics, relying upon interviews with key stakeholders in victims’ associations, local politics, and the research director of the new Victims of Terrorism Memorial Centre in Vitoria.
This article offers an analysis of the transnational discursive construction processes informing Latin American security governance in the aftermath of 9/11. It demonstrates that the Global War on Terror provided an opportunity for external and aligned local knowledge producers in the security establishments throughout the Americas to reframe Latin America's security problems through the promotion of a militarised security epistemology, and derived policies, centred on the region's ‘convergent threats’. In tracing the discursive repercussions of this epistemic reframing, the article shows that, by tapping into these discourses, military bureaucracies throughout the Americas were able to overcome their previous institutional marginalisation vis-à-vis civilian agencies. This development contributed to the renaissance of counter-insurgency and counter-terrorism discourses and policies in the region, allowing countries such as Colombia and Brazil to reposition themselves globally by exporting their military expertise for confronting post-9/11 threats beyond the region.
The interaction of international counter-terrorism laws with IHL is an area of renewed focus, amid widespread concern that the former are being (mis)applied to criminalise the provision of humanitarian assistance envisaged under the latter. The Security Council has begun to consider this issue in resolutions adopted in March and July 2019, but difficult questions of law and fact remain. These questions have significant practical consequences—for humanitarian agencies and those they seek to assist, as well as for States that must weigh different, and possibly conflicting, legal obligations. Much of the analysis to date and the solutions proposed, pay insufficient attention to the specifics of each legal regime.
This 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.
On 3 October 2015, the Médecins Sans Frontières (MSF) Trauma Centre in Kunduz, Afghanistan was bombed during a US–Afghan joint military operation to retake the city. Even before that night, attacks on health-care facilities in war zones were already a worrying trend and a major concern for humanitarian organizations. Such attacks have led both MSF and the International Committee of the Red Cross (ICRC) to launch campaigns1 addressing the need for greater protection of the medical mission in situations of armed conflict. Nonetheless, the scale and specific context of the attack on the Kunduz Trauma Centre have given rise to various specific investigations2 and provoked many more questions that this article will explore. The article will delve into the “many mistakes” scenario that has been presented by the US investigation in order to critically analyze whether these mistakes may originate from either incorrect or biased interpretations or implementation of international humanitarian law.