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Posts tagged counterterrorism law
Counter Terrorism Joint Inspection – National security division and multi-agency arrangements for the management of terrorist offenders in the wake of terrorist attacks

By HM Inspectorate of Probation, Inspectorate of Constabulary and Fire & Rescue Services and HM Inspectorate of Prisons (UK)

His Majesty’s Inspectorate of Probation has led an inspection, alongside HM Inspectorate of Constabulary, Fire & Rescue Services (HMICFRS), and HM Inspectorate of Prisons – looking at the work of the Probation Service’s National Security Division (NSD) and multi-agency arrangements for the management of terrorist offenders in the wake of terrorist attacks.

In response to terrorist attacks in 2019 and 2020, by known terrorist offenders who were subject to licence supervision, the NSD was created as a separate division of the Probation Service, working alongside police Counter Terrorism Nominal Management (CTNM) arrangements. Together with existing prison and probation services, these bodies are responsible for managing those convicted of terrorist offences or suspected of potential terrorist activity, even if they have no related convictions.

What we found

  • This inspection looked at the management and progress of the strategy to supervise these offenders. It found:

  • NSD, probation, police and prison services worked well together and are approaching managing counter terrorism cases collectively

  • supervision within the community was robust overall, balancing rehabilitative needs with tight risk management

  • probation practitioners within NSD were well trained specialist officers, holding a small and restricted caseload, delivering high quality case assessment and supervision

  • terrorist offenders were subject to additional oversight throughout their sentences

  • the arrangements to protect others from harm from terrorist cases in custody were effective

  • there has been significant financial investment to improve services dealing with counter terrorism, and staffing levels were appropriate

  • prison governors and directors were clear about the terrorist risk posed in their prisons and were actively managing this

  • leadership across the NSD and CTNM was strong, and there were clear lines of accountability, enhanced by national multi-agency governance arrangements.

Manchester: His Majesty’s Inspectorate of Probation, 2023. 65p.

The Palgrave Handbook of Global Counterterrorism Policy

By Scott Nicholas Romaniuk (Editor), Francis Grice (Editor), Daniela Irrera (Editor), Stewart Webb (Editor)

The Palgrave Handbook of Global Counterterrorism Policy examines a comprehensive range of counterterrorism policies, strategies, and practices across dozens of states and actors around the world. It covers the topics of terrorism and counterterrorism both thematically and by region, allowing for discussions about the underpinning dynamics of these fields, consideration of how terrorism and counterterrorism are evolving in the modern period, and in-depth analyses of individual states and non-state actors, and their approaches to countering terrorism and terrorist threats. It draws upon a multidisciplinary range of established scholars and upcoming new researchers from across multiple fields including political science and international relations, sociology, and history, examining both theory and practice in their respective chapters. This volume is an essential resource for scholars and practitioners alike. (From Amazon)

NY. Palgrave Macmillan. 2017. 1084p.

Law, Liberty, and the Pursuit of Terrorism

By Roger Douglas

It is commonly believed that a state facing a terrorist threat responds with severe legislation that compromises civil liberties in favour of national security. Roger Douglas compares responses to terrorism by five liberal democracies— the United States, the United Kingdom, Canada, Australia, and New Zealand— over the past 15 years. He examines each nation’s development and implementation of counterterrorism law, specifically in the areas of information gathering, the definition of terrorist offenses, due process for the accused, detention, and torture and other forms of coercive questioning. Douglas finds that terrorist attacks elicit pressures for quick responses, which often allow national governments to accrue additional powers. But emergencies are neither a necessary nor a sufficient condition for such laws, which may persist even after fears have eased. He argues that responses are influenced by institutional interests and prior beliefs and are complicated when the exigencies of office and beliefs point in different directions. He also argues that citizens are wary of government’s impingement on civil liberties and that courts exercise their capacity to restrain the legislative and executive branches. Douglas concludes that the worst anti-terror excesses have taken place outside of, rather than within, the law and that the legacy of 9/11 includes both laws that expand government powers and judicial decisions that limit those very powers. 

Ann Arbor: University of Michigan Press, 2022. 337p.

Terrorism in Great Britain: the statistics

By  Grahame Allen, Matthew Burton and Alison Pratt

The beginning of the millennium saw an increased political focus on the threat from international terrorism, heightened by the attack on the Twin Towers on 11 September 2001. Only one year before 9/11, new counter-terrorism legislation had been passed in the UK. Designed to reform and extend state powers found in previous counter-terrorism legislation, the Terrorism Act 2000 gave increased powers to the Home Secretary and the police. It moved the focus of counter-terrorism to all forms of domestic and international terrorism, rather than just Northern Ireland-related terrorism. In 2003, the Government introduced its counter-terrorism strategy, CONTEST. Now in its fourth iteration, CONTEST aims to reduce the risk to the UK from terrorism with four objectives:

  • Pursue: to stop terrorist attacks

  • Prevent: to stop people becoming terrorists or supporting terrorism

  • Protect: to strengthen protection against a terrorist attack

  • Prepare: to mitigate the impact of a terrorist attack

Although statistics relating to terrorism and the use of counter-terrorism legislation have been collected by the Home Office since the 1970s, the publication (and consistent collection) of data was halted in 2001. This briefing examines the available statistics on terrorism in Great Britain including:

  • Deaths due to terrorism

  • The use of stop and search legislation

  • Terrorism arrests

  • Pre-charge detention periods

  • Prosecutions and convictions for terrorism

  • Terrorist prisoners

  • The use of TPIMS

  • The number of foreign fighters fighting in Syria

London: Home Office Library, 2022. 37p.

nternational Counterterrorism Law: Key Definitions and Core Rules

By Stuart Caseey-Masten

This Geneva Paper describes the main components of international counterterrorism law. In addition to the sectoral United Nations (UN) conventions on terrorism, international counterterrorism law encompasses rules across international humanitarian law and international criminal law, and its application is regulated by international human rights law. Also considered is the manner in which jus ad bellum (the law on the inter-state use of force) pertains to acts of terrorism, for this continues to be disputed. Key definitions of terrorism – for there are many, not one – are also discussed, including the difference between international terrorism and domestic terrorism, and between terrorism in peacetime and terrorism in armed conflict.

 Geneva: SWIT: The Geneva Centre for Security Policy, 2023, 44p.

Testing Counter Terrorism responses from a victim and member wellbeing perspective – Design of an International Tabletop exercise for law enforcement in Canada and the UK

By Levent Altan and Pam Dalby

This report presents a summary of the 2021 International Virtual Counter Terrorism (CT) Tabletop Training (TTX) Exercise. This training exercise was designed to test out agencies’ response for victims and first responders, from a wellbeing and victims’ lens in a terrorist or mass violence incident.

UK National Police Wellbeing Service (Oscar Kilo), the International Network Supporting Victims of Terrorism and Mass Violence (INVICTM), 2022. 81p.

The European Union as a Global Counter-Terrorism Actor European Security and Justice Critiques series

By Christian Kaunert, Alex MacKenzie, and Sarah Léonard

After the death of Osama Bin Laden and the demise of Al Qaeda, the EU is increasingly threatened by new jihadi terrorist groups such as ISIS, as exemplified by recent terror attacks on Paris, Brussels, Nice, Berlin and Manchester. This book investigates the role of the EU in dealing with such groups as part of its counter-terrorism efforts, by outlining the increasing role of the EU as an external counter-terrorism actor.

Cheltenham, UK: Edward Elgar Publishing, 2022. 192p.

Preventing Violent Radicalization in America

By Peter Neumann

Last September, we released a report, Assessing the Terrorist Threat, on the evolving nature of this threat to the United States. We concluded that the U.S. government had not adequately addressed the radicalization of homegrown terrorists. We set forth several pressing policy questions, including the fundamental question of who within the government is responsible for identifying radicalization and interdicting attempts at recruitment. This report seeks to answer those questions and provide concrete policy recommendations for a counter-radicalization strategy – the elements of which should be implemented not just by the federal government, but by state and local officials and community organizations.

Washington, DC: Bipartisan Policy Center’s National Security Preparedness Group (NSPG), 2011. 56p.

Ethics of Terrorism & Counter-Terrorism

Edited by: Georg Meggle, Andreas Kemmerling and Mark Textor.

We are supposed to wage war against Terrorism - but exactly what we are fighting against in this war, there is nearly no consensus about. And, much worse, nearly nobody cares about this conceptual disaster - the main thing being, whether or not you are taking sides with the good guys. This volume is an analytical attempt to end this disaster. What is Terrorism? Are terrorist acts to be defined exclusively on the basis of the characteristics of the respective actions? Or should we restrict such actions to acts performed by non-state organisations? And, most important, is terrorism already by its very nature to be morally condemned?  But, having a clear idea of what Terrorism is, would be only the beginning. Rational moral assessment still needs two further components: The relevant facts; and the relevant values and norms. Now, in a field where systematic disinformation has been even proclaimed to be the official policy, facts are obviously very hard to get at. This volume is mainly interested in Ethics: What's wrong with Terrorism? And what is morally right or morally wrong, respectively, with all the different means of Counter-Terrorism? What are the moral boundaries for waging war agains terrorism? What are the right ways of dealing with terrorists? And what about the alleged anti-terrorism wars on Afghanistan and Iraq?

Berlin: De Gruyter, 2004. 345p.

Countering Violent Extremism and Radicalisation that Lead to Terrorism: Ideas, Recommendations, and Good Practices from the OSCE Region

By Peter Neumann.

There is practically no country in the OSCE that has not been affected by violent extremism. In 2016, terrorist attacks in OSCE participating States caused more than one thousand deaths. They destroyed billions of Euros worth of property and infrastructure, undermined people’s confidence in government and institutions, and created fear and suspicion between members of different ethnic and religious communities. Violent extremists not only cause death and destruction, they poison societies with hateful ideologies, and hinder peaceful development, dialogue, and cooperation. OSCE participating States have long recognised this challenge. • It was in this context that the Austrian Chairmanship asked me to serve as Special Representative on Countering Violent Extremism and Radicalisation. My task was to sharpen the organisation’s focus, highlight existing activities, and offer practical suggestions for enhanced collaboration. The aim was to enable the OSCE to make the strongest possible contribution to what it calls Countering Violent Extremism and Radicalisation that Lead to Terrorism (VERLT), and fulfil the mandate it was given in the 2012 Consolidated Framework as well as Ministerial Declarations from 2015 and 2016. • This report provides a summary of my findings. It seeks to (1) define key concepts and major dynamics; (2) evaluate the OSCE’s current and future role; and (3) identify areas of good practice, with particular emphasis on preventing and countering processes of violent radicalisation.

London: ICSR, King's College London, 2017. 68p.

Counter-Terrorism, Ethics and Technology: Emerging Challenges at the Frontiers of Counter-Terrorism

Edited by Adam Henschke, Alastair Reed, Scott Robbins, Seumas Miller. This open access book brings together a range of contributions that seek to explore the ethical issues arising from the overlap between counter-terrorism, ethics, and technologies. Terrorism and our responses pose some of the most significant ethical challenges to states and people. At the same time, we are becoming increasingly aware of the ethical implications of new and emerging technologies. Whether it is the use of remote weapons like drones as part of counter-terrorism strategies, the application of surveillance technologies to monitor and respond to terrorist activities, or counterintelligence agencies use of machine learning to detect suspicious behavior and hacking computers to gain access to encrypted data, technologies play a significant role in modern counter-terrorism. However, each of these technologies carries with them a range of ethical issues and challenges. How we use these technologies and the policies that govern them have broader impact beyond just the identification and response to terrorist activities. As we are seeing with China, the need to respond to domestic terrorism is one of the justifications for their rollout of the “social credit system.” Counter-terrorism technologies can easily succumb to mission creep, where a technology’s exceptional application becomes normalized and rolled out to society more generally. This collection is not just timely but an important contribution to understand the ethics of counter-terrorism and technology and has far wider implications for societies and nations around the world. Cham: Springer, 2021. 231p.