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SPECIAL ISSUE ON CRIMINAL LAW RESPONSES TO TERRORISM FIVE YEARS AFTER SEPTEMBER 11
Volume 4, Number 5, 2006
In terms of counter-terrorism measures, 9/11 clearly marks a turning point in criminal justice: since the attacks on the US of 11 September 2001, states have been waging a 'war on terror', fundamentally shaking up the previously available legal framework for combating terrorism.
Five years after September 11, the special issue takes stock by inquiring into the role prosecution and punishment, both at the international and national level, can and do play in addressing contemporary internationalized terrorism. The collection of essays brings together a range of perspectives on the matter. Most of them are written by leading scholars in international law or criminal law from various countries, some by practitioners, such as the Chief of the Terrorism Prevention Branch in the UN Office for Drug Control and Crime Prevention.
The issue addresses a core question whether (international) terrorism is an international crime and if so, what are its elements; the contributions show that it is still a matter of debate whether international terrorism is (already) a crime under customary international law. The many activities undertaken at the international level such as Security Council resolutions 1373 (2001) and 1566 (2004), the work of the UN Counter-Terrorism-Committee, the EU Framework Decision of 2002, and, most recently, the UN Draft Comprehensive Convention of Terrorism, are critically analysed. Many of the contributions shed light on the flaws of these international efforts.
A distinct chapter presents and analyses legislative and judicial counter-terrorism activities in selected states. The country reports on the US, the UK, Germany and Italy, reveal some common features of domestic responses to terrorism, such as the use of substantive criminal law provisions to open the door to special procedures, a general curtailing of defence rights, an increase in 'ad hoc' legislation, and an increased need for (constitutional) courts to step in to contain the national legislator. The contributions also support the view that the 'rearmament' of domestic anti-terrorism legislation stands in sharp contrast to the relatively few cases of prosecutions, let alone convictions, for terrorist crimes.
Guest Editors
Professor Paola Gaeta, Florence University, Italy
Dr Florian Jessberger, Humboldt University Berlin, Germany
Contents
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SPECIAL ISSUE ON THE RWANDA GENOCIDE
Volume 3, Number 4, September 2005
Guest Editor
Professor Paola Gaeta, Florence University
Contents
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Ordering
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