Terrorism And The Law

'Law, Terrorism and the Right to Know Response to Government Green Paper on Justice and Security', 6 Jan 2012, McNamara, L. & S. McIntosh

by Sam McIntosh

Crystallisation or Evanescence of the Universal Justice? International Law in the War on Terror

by Eilidh Douglas

[2011] Asymmetric Labeling of Terrorist Violence as a Matter of Statecraft Propaganda: Or, Why the United States Does Not Feel the Need to Explain the Assassination of …

by Michael Loadenthal

published in "Anarchist Developments in Cultural Studies," special topics issue, "Ten Years After 9/11: An Anarchist Evaluation"

“Terrorism” is fundamentally the same, whether it is carried out by States or non-State actors. Difference arises as... more “Terrorism” is fundamentally the same, whether it is carried out by States or non-State actors. Difference arises as one identifies the processes wherein labels are applied which identify select acts of political violence as "terrorism," while terming others "legitimate defense" within the national interest. The subjective labeling of “terrorism” which obscures the systemic violence of State terrorism has accelerated in the post-9/11 "Global War On Terror/Terrorism," as wars advanced by the US and its allies have further expanded into the Middle East, Asia and Africa with numerous proxy wars. This construction of terrorism can be seen as a rhetorical tool utilized by the State, as well as non-State actors that challenge State authority. Throughout these arenas of violence, authoritative language is used by the State within a process of “othering,” and intentional language is adopted to demonize anti-State opponents and legitimize State-crafted actions

LORENZO PASCULLI - The Measures of Prevention of International Terrorism and Criminal Trafficking

by Lorenzo Pasculli

Draft of the research project for my Ph.D. thesis. The draft is outdated and the actual work has been developing in different directions. Still the main core remains the same. Do not cite and/or distribute without permission.

The unprecedented, and, to some extent, unpredictable forms which shape crime in the global context, in default of a... more The unprecedented, and, to some extent, unpredictable forms which shape crime in the global context, in default of a well defined and effective global system of criminal justice, has proven the insufficiency of merely retributive and deterrence-based approaches. At the same time, the often destructive harmfulness of global crime urge to (try to) prevent it, rather than just (try to) repress it. In order to pursue such preventive aims, both the single States and the international and supranational organizations are taking several measures of prevention. If some of them only affect the social context, other directly constrain
some fundamental liberties and rights.
It is time to draw a system – both on a comparative and on an international/supranational level – of the measures of prevention of all those crimes that, for different reasons, are characterized by an international or transnational dimension (such as terrorism, international organized crime, human trafficking and exploitation, drug trafficking, etc.), in order to achieve two main goals:
a) organize under clear and univocal legal categories all the different measures adopted by the single national legal orders, the supranational legal orders (such as the European Union), the several international organizations (such as the United Nations) and the whole international community at the aim of preventing transnational crime and terrorism;
b) criticize the resulting system of preventative measures in the light of
- the essential constitutional and criminal law principles and traditions shared by every Nation,
- the human rights and liberties stated and protected by international and supranational law,
and eventually try to understand, in a de jure condendo perspective, if (and how) it could be possible to improve such system in order to make it more effective but, at the same time, more respectful of the maximum standards of protection of the aforementioned fundamental rights, liberties and guarantees.

The Measures of Prevention of International Terrorism and Criminal Trafficking (English_Abstract)

by Lorenzo Pasculli

Abstract (in english) of the research project for my Ph.D. thesis. Do not cite and/or distribute without permission.

The unprecedented and unpredictable forms which shape crime in the global context has proven the insufficiency of... more The unprecedented and unpredictable forms which shape crime in the global context has proven the insufficiency of merely retributive and deterrence-based approaches. At the same time, the often destructive harmfulness of global crime urge to (try to) prevent it, rather than just (try to) repress it.

In order to pursue such preventive aims, both the single States and the international and supranational organizations are taking several measures of prevention, which often constrain some fundamental liberties and rights.

It is time to draw a system – both on a comparative and on an international/supranational level – of the measures of prevention of all those crimes that, for different reasons, are characterized by an international or transnational dimension, in order to organize under clear and univocal legal categories all the different measures and criticize such system in the light of the essential constitutional and criminal law principles and traditions shared by every Nation and the human rights and liberties stated and protected by international and supranational law.

We will eventually try to understand if (and how) it could be possible to improve such system in order to make it more effective but, at the same time, more respectful of the maximum standards of protection of the aforementioned fundamental rights, liberties and guarantees.

Ethical and Legal Issues in Democratic Societies: National Security and Civil Liberties

by Alejandro Vélez Salas

Article awaiting publication, please do not quote

Ethical and legal issues of the National Security strategy after 9-11 Ethical and legal issues of the National Security strategy after 9-11

¿Derecho a la verdad o verdad del derecho? El juicio a las Juntas Militares y la realización simbólica del genocidio en Argentina (1976-1983)

by Carolina Montera

Monografía final del seminario "Análisis de la Prácticas Sociales Genocidas" dictado por Daniel Feierstein, Facultad de Ciencias Sociales, UBA, 2008

Las prácticas sociales genocidas constituyen una tecnología de poder, a través de la cual se destruyen, construyen y... more Las prácticas sociales genocidas constituyen una tecnología de poder, a través de la cual se destruyen, construyen y reorganizan las relaciones sociales. Este objetivo no culmina con la desaparición material de un grupo humano. Su realización se efectúa en el plano ideológico, en los modos de (re)presentar y narrar la experiencia de aniquilamiento. En este sentido, resulta necesario reflexionar sobre esas formas de evocación del pasado para poner en evidencia las estructuras simbólicas que dificultan el desarrollo de lazos cooperativos y autónomos, aún tiempo después de finalizado el régimen de exterminio.

En el caso de nuestro país, la interpretación y explicación del autodenominado Proceso de Reorganización Nacional, estuvo fuertemente ligada al paradigma jurídico; especialmente al juicio a las Juntas Militares. En este sentido, el presente trabajo propone examinar la relación entre dicho juicio y los modos de realización simbólica de la última dictadura militar, a través del análisis de los discursos pronunciados en la sala de audiencias por la fiscalía, abogados defensores y magistrados. Como resultado, se espera mostrar que este proceso judicial no fue ajeno a la construcción social de nuestra memoria colectiva, una memoria que supo olvidar el entramado de complicidades que permitió el horror.

Approaches to Resolving Growing Conflicts between Human Rights and International Law Norms in British and European Courts

by Atli Stannard

Dissertation, University of Cambridge (2009)

This paper examines in detail the operation of Article 103 of the UN Charter, including as regards ius cogens. It... more This paper examines in detail the operation of Article 103 of the UN Charter, including as regards ius cogens. It analyses the position of the Security Council in relation to the rule of law, and the role of the International Court of Justice and national courts in enforcing it. It analyses the cases of R. (Al-Jedda) v Secretary of State for Defence [2008] 1 A.C. 332 in the UK House of Lords, and Kadi and Al Barakaat International v Council and Commission (joined cases C- 402/05 P and C-415/05 P) in the European Court of Justice, as concrete examples of the resolution of norm conflicts as between Security Council resolutions and human rights treaties. Both cases are praised for drawing a fine balance between the protection of fundamental human rights and the need to limit threats to international security.

Mere Membership of a Banned Organisation Cannot Carry Criminal Liability

by Atli Stannard

Published in the Journal of Commonwealth Criminal Law (2011)

This case note examines the cases of Arup Bhuyan v. State of Assam [2011] INSC 100 (February 3, 2011) and Sri Indra... more This case note examines the cases of Arup Bhuyan v. State of Assam [2011] INSC 100 (February 3, 2011) and Sri Indra Das v. State of Assam [2011] INSC 125 (February 10, 2011), in the Supreme Court of India. It compares these with prior Indian cases, State of Kerala v. Raneef [2011] 1 S.C.A.L.E. 8 (Supreme Court of India, January 3, 2011), and contrasts them with the approach taken in Kartar Singh v. State of Punjab [1994] (3) S.C.C. 569 (Supreme Court of India). It briefly compares the Indian case law to the English and Welsh approach developed in R. v. Ahmed (Rangzieb) [2011] EWCA Crim. 184 (February 25, 2011).

The Ghost in the Global War on Terror: Critical Perspectives and Dangerous Implications for National Security and the Law

by Nick J. Sciullo

3 Drexel L. Rev. 561 (2011)

Justifications for Violence

by Kevin Magill

10,000 word essay, published in Encyclopedia of Violence, Peace and Conflict, 2nd edn, ed. Lester Kurz, Elsevier, 2008.

See also 'Sorel, Nietzsche and ethical reasoning about violence: further thoughts on "Justifications for violence" ...’ http://wlv.academia.edu/KevinMagill/Papers/515618/Sorel_Nietzsche_and_ethical_reasoning_about_violence_further_thoughts_on_Justifications_for_violence_K._Magill_in_L._Kurtz_ed._The_Encyclopedia_of_Violence_Peace_and_Conflict_Academic_Press_2008_2nd_Edition_

Examines various arguments about whether and under what circumstances political violence can be justified and how they... more Examines various arguments about whether and under what circumstances political violence can be justified and how they can be employed in thinking ethically about violence. It begins by looking at arguments about the justifiability of violence that draw on major ethical theories such as deontology, utilitarianism and consequentialism. It then discusses more specific considerations and arguments concerning obligations to obey the law, the relationship between violence and reason, and between violence and democracy, and whether our duties and obligations regarding the use of violence are universal in scope or are limited by national, religious, community and class affiliation. Finally, it makes some novel suggestions about the overall purpose and conduct of discussions about the justifiability of violence in political theory and philosophy.

Two Ships in the Night or in the Same Boat Together? Why the European Court of Justice Made the Right Choice in the Kadi Case

by Joris Larik

EU Diplomacy Paper 3/2009 (June 2009)

This paper investigates the approaches to the recent Kadi case taken by both the Court of First Instance and the... more This paper investigates the approaches to the recent Kadi case taken by both the Court of First Instance and the Advocate General and asks whether the European Court of Justice made the right choice with regard to the case’s implications for the relationship between European and international law. It argues that the Court’s judgement of 3 September 2008 in Kadi is to be welcomed, also from an international perspective. It rightly rejected the approach presented by the Court of First Instance, which, albeit stressing the importance of the UN Charter, ultimately turned out to be a ‘false friend’ of international law. By largely following the Advocate General’s Opinion, the Court maintained the integrity and the superior human rights standard of the EU legal order. Without jeopardizing the compliance of the Member States with their UN Charter obligations right away, it sent a clear warning signal to the United Nations Security Council to exhaust its potential for reform of the targeted sanction regime to the fullest. The Court showed that in an interdependent world of multilevel governance, the different components cannot ‘pass by each other like ships in the night’. In the face of threats like global terrorism as well as undue curtailing of human rights, we are all in the same boat together after all.