In the years since 9/11 counter-terrorism law and policy has proliferated across the world. This book sets out a comprehensive survey of how the law has been deployed in all aspects of counter-terrorism. The handbook provides an authoritative and critical analysis of how laws are, and ought to be, invoked in domestic jurisdictions against terrorism. With a comparative approach the focus is on those jurisdictions which have produced legal innovations with a sizeable impact, primarily the USA, the UK, Australia, Canada, France, Germany and the European Union.
The never before published contributions to the book are written by experts in the field of terrorism law and policy, allowing for discussion of a wide range of regulatory responses and strategies of governance. The book is divided into four parts: the boundaries and strategies of national counter-terrorism laws; the pursuit of terrorists through national criminal process and executive measures; protective security; and preventive measures. The chapters engage with areas of traditional interest to lawyers such as policing and special powers, criminal offences and the courts, and prison regimes but also tackle emerging subjects including preventing radicalisation and protective/preparative security. In this way the handbook reflects the elements of counter-terrorism laws which are more transformative of mass movements and transactions alongside prosecutions or orders aimed at particular individuals.
1. Introduction, Genevieve Lennon and Clive Walker Part 1: The
boundaries and strategies of national counter-terrorism laws
2. Terrorism as
a Legal Concept, Ben Saul
3. Counter-terrorism, emergency and national laws,
Mariona Llobet and Aniceto Masferrer
4. Whats in a Word? War, Law and
Counter-terrorism, Laurie R Blank
5. The Migration and Derivation of
Counter-Terrorism, Kent Roach
6. The Interaction of Terrorism Laws with Human
Rights, Federico Fabbrini
7. Terrorism laws and constitutional
accountability, John Ip
8. Terrorism Laws and Legal Accountability, Brice
Dickson Part 2: The Pursuit of terrorists through national criminal process
and executive measures
9. Surveillance powers and the generation of
intelligence within the law, Simon McKay and Jon Moran
10. Dataveillance and
Terrorism: Swamps, Haystacks and the Eye of Providence, Stuart Macdonald
11.
Detention and interrogation in law and war, Steve I Vladeck and Clive Walker
12. Counter-terrorism policing and security arrangements, Saskia Hufnagel
13.
Precursor crimes of terrorism, Manuel Cancio Meliá and Anneke Petzsche
14.
The Trial of Terrorism: National Security Courts and Beyond, Fionnuala Ní
Aoláin and Oren Gross
15. Executive measures against the liberties of
terrorism suspects, Mordechai Kremnitzer and Lina Saba-Habesch
16. The global
system of counter-terrorist finance: What has it achieved, what can it
achieve?, Peter Sproat
17. Aliens and Counter-terrorism, Elspeth Guild
18.
The Handling and Disclosure of Sensitive Intelligence: Closed Material
Procedures and Constitutional Change in the Five Eyes Nations, David Jenkins
19. The victims of terrorism, Ilaria Bottigliero, Lyal S Sunga, and Clive
Walker
20. Evidence of the impact of counter-terrorism legislation, Tim
Legrand, Simon Bronitt and Mark Stewart Part 3: Protective Security
21.
Homeland security, Amos Guiora, Genevieve Lennon and Clive Walker
22.
Security inspections: suspicionless counter-terrorist stop and search in the
USA and UK, Genevieve Lennon
23. Securing the Transport System, Steve Swain
24. State Development of Incapacitating Chemical Agent Weapons: Implications
Including Potential Terrorist Misuse, Michael Crowley and Malcolm Dando
25.
Prevent policies and laws: A comparative survey of the United Kingdom,
Malaysia and Pakistan, Abdul Razak, Javaid Rehman, Joshua Skoczylis Part 4:
Preventive measures
26. The myth of the securitized Muslim community: the
social impact of post-9/11 counter-terrorist law and policy in the west,
Steven Greer
27. Community cohesion and counter-terrorism laws, Maura Conway
and Clive Walker
28. Manifestations of extremism, Fergal Davis and Clive
Walker
29. The Penology of Terrorism, Catherine Appleton and Clive Walker
Genevieve Lennon is Chancellors Fellow at the School of Law, University of Strathclyde. Her research expertise lies in the areas of counter-terrorism law and policy, in particular in relation to human rights, accountability, and counter-terrorist policing. She has published and presented on various aspects of counter-terrorism.
Clive Walker is Professor Emeritus of Criminal Justice Studies at the School of Law, University of Leeds. He was Director of the Centre for Criminal Justice Studies from 1987 to 2000 and then Head of the Law School between 2000 and 2005 and in 2010. He has written extensively on terrorism issues, with many published papers not only in the UK but also in several other jurisdictions, especially Australia and the US, where he has been a visiting professor at George Washington, Melbourne, New South Wales, and Stanford Universities.
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