Terrorism And Anti Terrorism A Normative And Practical Assessment

This book addresses the complex, challenging, and dangerous problems relating to terrorism and to the attempts to address and stop terrorism. It includes not only a positivistic legal analysis of issues, but attempts to assess the costs facing us all in this modern reality of political violence. Blakesley challenges the so-called realist premise of fighting fire with fire and attempts to devolve a working definition of terrorism that may be applied to whatever group or nation that uses terror or terrorism as a tactic or strategy. Published under the Transnational Publishers imprint.

"A must read and a breakthrough work ... The book makes clear the importance of comparing, learning from, and adapting legal systems to the ever-changing world, while maintaining the integrity of the Constitution. The subtlety of the book shows deep understanding of these legal regimes, something most legal analysts and policy makers from both systems sorely lack ... a most timely and valuable analysis."- Prof. Christopher L. Blakesley, University of Nevada, Las Vegas, and author of Terrorism and Anti-Terrorism: A Normative and Practical Assessment "A careful and authoritative account of the controversial practice of investigative detention as a tool for responding to terrorism in a post-September 11th world. Informed by an impressive knowledge of American, British, and French law, Stigall's book reflects a distinctive comparative perspective. It deserves to be read not only by scholars and students in the field but also by policy makers on both sides of the Atlantic." - Prof. Stuart P. Green, Rutgers School of Law-Newark "Dan Stigall's analysis highlights the danger of dismissing a comparative approach, for he has most effectively used the British and French experience in discussing detention. While no regime has the answer (an illusion, at best), democratic nations can well learn from each other's successes and failures. Precisely for that reason, policy makers, jurists, and the concerned public owe Dan a collective thanks; in addressing the extraordinarily complicated issue of detention from a comparative perspective, he has truly bitten off a very large bite of a problematic apple. That he has done so is to our benefit; that he has done so successfully is to his credit. While we shall continue to struggle with the limits of detention and what legal paradigm is the "correct" one, we are the richer for Dan's book. It can serve as an effective "guide" as we continue to traverse the never-ending field of terrorism and counterterrorism." - Amos N. Guiora, Professor of Law, S. J. Quinney College of Law, University of Utah

THE ICC AS A NEW INSTRUMENT FOR REPRESSING TERRORISM received the 2004 Honorable Mention Award of ASIL's Francis Lieber Society. Its author, Roberta Arnold, received the Walther Hug Prize for being one of the top Swiss PhDs in 2004. This insightful work analyzes the deficiencies of the existing counter-terrorism framework and assesses whether acts commonly referred to as "terrorism" are actually war crimes, crimes against humanity, genocide, and aggression, thereby falling within the jurisdiction of the International Criminal Court. Following a discussion of the international law definition of terrorism, in particular the anti-terrorism conventions and international humanitarian law, the author sets about constructing her own working definition of terrorism. Strengths and weaknesses of the principal international anti-terrorism conventions are examined in the first part of this book. The second section discusses whether so-called acts of terrorism may constitute war crimes, crimes against humanity, genocide, and aggression, both under traditional international law and under the ICC Statute. The viability of resorting to the ICC as an effective instrument for a comprehensive repression of terrorism is addressed in the third section. Published under the Transnational Publishers imprint.

Government responses to terrorism can conflict with the protection of human rights and the rule of law. By comprehensively looking at all aspects of counter-terrorism measures from a comparative perspective, this book identifies best practices and makes clear recommendations for the future.

Numerous democratic nations have been singled out by NGOs for brutality in their modus operandi, for paying inadequate attention to civilian protection or for torture of prisoners. This book deals with the difficulties faced when conducting asymmetric warfare in populated areas without violating humanitarian law.

Featuring original contributions from well-established scholars and emerging stars in law and politics, this cutting-edge reader provides students with a succinct overview of the key issues facing international law today. The authors range from political science and law school instructors to professional researchers and lawyers in private practice, and they offer diverse, multinational perspectives on traditional and emergent issues in the practice and study of international law. Topics include R2P (Responsibility to Protect) and universal jurisdiction, noterritorial subjects of international law, international political economics (IPE), the International Court of Justice (ICJ), international humanitarian law (IHL), the environment, political violence and terrorism, and post-colonialism. A concluding section on international political interaction covers a wide range of issues that link international politics to international law. Offering the most inclusive and contemporary body of material available, International Law: Contemporary Issues and Future Developments is an essential resource for courses on politics and international law.

Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states. This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of International Enforcement Mechanisms: The Problem of Legitimacy; Globalization of Law Enforcement and Intelligence Gathering and Sharing); Chapter 2: Jurisdiction (Extraterritorial Jurisdiction; Universal Jurisdiction; Competing and Overlapping Jurisdictions; Immunities and Exceptions; The European Union and the Schengen Agreement); Chapter 3: Extradition (Law and Practice in the United States; The European Approach; Commentary on the United Nations Draft Model Law on Extradition); Chapter 4:Judicial Assistance and Mutual Cooperation in Penal Matters (United States Treaties on Mutual Assistance in Criminal Matters; Commentary on the United Nations Draft Model Law on Mutual Legal Assistance; Inter-State Cooperation in Penal Matters in the Commonwealth; The Council of Europe and the European Union; European Perspective on International Cooperation in Matters of Terrorism; Freezing and Seizing of Assets: Controlling Money Laundering); Chapter 5: Recognition of Foreign Penal Judgments, Transfer of Criminal Proceedings, and Execution of Foreign Penal Sentences (Introduction to Recognition of Foreign Penal Judgments; Introduction to Transfer of Criminal Proceedings; Transfer of Criminal Proceedings: The European System; The Lockerbie Model of Transfer of Proceedings; International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgments; United States Policies and Practices on the Execution of Foreign Penal Sentences).

This book provides a qualitative analysis of post-9/11 counter-terrorism strategy undertaken by the United Kingdom and United States of America. Since 9/11, both the UK and the U.S have significantly revamped their counter-terrorism approaches. The approaches apply, to varying degrees, three key policy instruments – intelligence, law enforcement and military force. However, the success or failure of these counter-terrorism strategies has never been satisfactorily validated. Analysts and policymakers alike have assumed success due to the inability of terrorists to conduct 7/7 and 9/11, respectively, scale attacks upon each state. This assumption has existed despite the fact that it fundamentally underestimates the impact of transnational terrorism. This volume provides an in-depth qualitative assessment of the three primary policy instruments implemented to counter the transnational threat of terrorism during the period 2001-2011; an approach somewhat neglected by the current body of literature which focuses on a purely quantitative methodology. Drawing upon previously unpublished data collected from interviews with policymakers, specialists and academics, the book fills this lacuna by ascertaining and analysing both the UK’s and USA’s counter-terrorism strategies and developing a holistic approach to understanding these strategies. This book will be of interest to students of terrorism and counter-terrorism studies, security studies and IR in general.