Terrorism Laws and Legal Accountability

This chapter explores the extent to which courts can contribute to the countering of terrorism. It suggests that the contribution will depend on the type of actor the courts are attempting to hold to account as well as on the powers that are conferred on courts by national and international legal regimes. It concludes that courts are most legitimate and effective in relation to terrorist suspects and law enforcers, but less so in relation to counter-terrorism operatives and law-makers.

The Extra-territorial Obligations of European States regarding Human Rights in the Context of Terrorism

This chapter focuses on the growing tendency of international human rights law to require states to protect the rights of non-nationals who are in the state unlawfully and of nationals and non-nationals who are outside the state, especially when any of these people are involved in terrorist or counter-terrorist activity. It reviews these additional obligations within a European context, focusing on EU law and the law of the European Convention on Human Rights and drawing on the case law of UK courts. Part 1 considers when a European state must grant asylum to alleged terrorists on the basis that otherwise they would suffer human rights abuses in the state from which they are fleeing. Part 2 examines whether, outside of asylum claims, a European state must not deport or extradite an alleged terrorist because he or she might suffer an abuse of human rights in the receiving state. Part 3 looks at whether a European state whose security forces are engaged in counter-terrorism activities abroad is obliged to protect the human rights of the individuals serving in those forces and/or the human rights of the alleged terrorists they are confronting. While welcoming the extension of state responsibility, the chapter notes that it is occurring in a way which introduces three aspects of relativity into the protection of human rights. First, European law protects only some human rights extra-territorially. Second, it protects those rights only when there is ‘a real risk’ of their being violated. Third, sometimes it protects those rights only when there is a real risk of their being violated ‘flagrantly’.

The Golden Age? What the 100 Most Cited Articles in Terrorism Studies Tell Us

ln a context where widespread failings in the nature of terrorism research are well recognised - yet where the quantity of work is still enormous - is it possible to fairly assess whether the field is progressing or if it has become mired in mediocre research? Citation analysis is widely used to reveal the evolution and extent of progress in fields of study and to provide valuable insight into major trends and achievements. This study identifies and analyses the current 100 most cited journal articles in terrorism studies. A search was performed using Google Scholar for peer reviewed journal articles on subjects related to terrorism and counter-terrorism. The most cited papers were published across 62 journals which reflected the interdisciplinary nature of terrorism studies. Compared to other articles, the most cited papers were more likely to be the result of colloborative research and were also more likely to provide new data. 63 of the top 1-00 articles have been published since 2001. The findings are discussed in relation to the evolution of terrorism research and current debates on progress in the field.

Responding to terrorism through networks at sites of critical infrastructure : a case study of Australian airport security networks

The importance of effective multilateral security networks is widely recognised in Australia and internationally as being essential to facilitate the large-scale sharing of information required to respond to the threat of terrorism. Australian national security agencies are currently constructing networks in order to bring the diverse national and international security agencies together to achieve this. This paper examines this process of security network formation in the area of critical infrastructure protection, with particular emphasis on airport security. We address the key issues and factors shaping network formation and the dynamics involved in network practice. These include the need for the networks to extend membership beyond the strictly defined elements of national security; the integration of public and private ‘nodes’ in counter-terrorism ‘networks’; and the broader ‘responsibilisation’ of the private sector and the challenges with ‘enabling’ them in counter-terrorism networks. We argue that the need to integrate public and private agencies in counter-terrorism networks is necessary but faces considerable organisational, cultural, and legal barriers.

Terrorism and social exclusion : misplaced risk - common security

Recent thinking on globalization places risk at the centre of contemporary life. Yet what if our perception of risk is misplaced? What if the greatest risk is not terrorism itself but the conditions that allow terrorism to flourish? This fascinating book illustrates that elevated perceptions of terrorism-related risks are having a deleterious impact on many societies, exacerbating feelings of exclusion among individuals and groups. Via their exploration of various societies, the expert contributors show that as a causal factor of terrorism, social exclusion can be remedied by inclusive, participatory and deliberative measures. They prescribe a recalibration of counter-terrorism policies to unite rather than divide multicultural societies.

A missing peace? The role of religious actors in countering terrorism

Despite the surge of scholarly interest in terrorism and counter-terrorism in the post-9/11 world, surprisingly little attention has been paid to the role of religious actors (especially faith communities and faith leaders) in combating the threat of terrorism. However, the resurgence of religiosity in contemporary politics should not be viewed as an inherently dangerous force. As Appleby has argued, a new secular-religious model of inter and intra-state diplomacy looms as a development with significant potential to resolve conflict and deny terrorist groups access to communities of support. By drawing on an Australian example, we argue that in societies that have a strong multicultural and multifaith character secular-religious diplomacy pitched at the national and sub-national level can play an important role in the formation of a flexible long-term counterterrorism strategy.

Policing, Terrorism and the Conundrum of 'Community': A Northern Ireland Perspective

The book chapter examines the conundrums and contradictions for PSNI in delivering their community policing agenda within a post-conflict environment which simultaneously demands the delivery of counter-terrorism policing in view of the current dissident terrorist threat.

Radicalisation theories, policing practices, and “the future of terrorism?”

This article explores how theories of radicalisation have placed an emphasis on the development of an indicators-based approach to identify individuals who might engage in politically motivated violence. We trace how policing agencies have juxtaposed the search for indicators as a defence against criticisms of racial profiling. However, through an analysis of Canadian counter-terrorism training programmes, we demonstrate that the search for radicalisation indicators reaffirms pre-emptive and discriminatory security practices. We insist that despite efforts to theorise radicalisation outside of the practices of the “war on terror”, current trends risk rationalising prejudicial policing that affirms social exclusion and injustice.

Teaching and Learning in Maritime Security: A Literature Review

With the rise in attacks and attempted attacks on marine‐based critical infrastructure, maritime security is an issue of increasing importance worldwide. However, there are three significant shortfalls in the efforts to overcome potential threats to maritime security: the need for greater understanding of whether current standards of best practice are truly successful in combating and reducing the risks of terrorism and other security issues, the absence of a collective maritime security best practice framework and the need for improved access to maritime security specific graduate and postgraduate (long) courses. This paper presents an overview of existing international, regional national standards of best practice and shows that literature concerning the measurement and/ or success of standards is virtually non‐existent. In addition, despite the importance of maritime workers to ensuring the safety of marine based critical infrastructure, a similar review of available Australian education courses shows a considerable lack of availability of maritime security‐specific courses other than short courses that cover only basic security matters. We argue that the absence of an Australian best practice framework informed by evaluation of current policy responses – particularly in the post 9/11 environment – leaves Australia vulnerable to maritime security threats. As this paper shows, the reality is that despite the security measures put in place post 9/11, there is still considerable work to be done to ensure Australia is equipped to overcome the threats posed to maritime security.

Laying the Groundwork for the Successful Deployment of Communication Interception Technology (CIT) in Modern Policing

With the growth and development of communication technology there is an increasing need for the use of interception technologies in modern policing. Law enforcement agencies are faced with increasingly sophisticated and complex criminal networks that utilise modern communication technology as a basis for their criminal success. In particular, transnational organised crime (TOC) is a diverse and complicated arena, costing global society in excess of $3 trillion annually, a figure that continues to grow (Borger, 2007) as crime groups take advantage of disappearing borders and greater profit markets. However, whilst communication can be a critical success factor for criminal enterprise it is also a key vulnerability. It is this vulnerability that the use of CIT, such as phone taps or email interception, can exploit. As such, law enforcement agencies now need a method and framework that allows them to utilise CIT to combat these crimes efficiently and successfully. This paper provides a review of current literature with the specific purpose of considering the effectiveness of CIT in the fight against TOC and the groundwork that must be laid in order for it to be fully exploited. In doing so, it fills an important gap in current research, focusing on the practical implementation of CIT as opposed to the traditional area of privacy concerns that arise with intrusive methods of investigation. The findings support the notion that CIT is an essential intelligence gathering tool that has a strong place within the modern policing arena. It identifies that the most effective use of CIT is grounded within a proactive, intelligence‐led framework and concludes that in order for this to happen Australian authorities and law enforcement agencies must re‐evaluate and address the current legislative and operational constraints placed on the use of CIT and the culture that surrounds intelligence in policing.

Social network media and political activism: a growing challenge for law enforcement

The use of the internet for political purposes is not new; however, the introduction of social media tools has opened new avenues for political activists. In an era where social media has been credited as playing a critical role in the success of revolutions (Earl & Kimport, 2011; Papic & Noonan, 2011; Wooley, Limperos & 10 Beth, 2010), governments, law enforcement and intelligence agencies need to develop a deeper understanding of the broader capabilities of this emerging social and political environment. This can be achieved by increasing their online presence and through the application of proactive social media strategies to identify and manage potential threats. Analysis of current literature shows a gap 15 in the research regarding the connection between the theoretical understanding and practical implications of social media when exploited by political activists,and the efficacy of existing strategies designed to manage this growing challenge. This paper explores these issues by looking specifically at the use of three popular social media tools: Facebook; Twitter; and YouTube. Through the examination of 20 recent political protests in Iran, the UK and Egypt from 2009�2011, these case studies and research in the use of the three social media tools by political groups, the authors discuss inherent weaknesses in online political movements and discuss strategies for law enforcement and intelligence agencies to monitor these activities.

Strategic Intelligence in Law Enforcement: A Review

In an age where the role of police has morphed from simplistic response and enforcement activities to one of managing human security risk, it is argued that intelligence can be used to reduce the impact of strategic surprise from evolving criminal threats and environmental change. This review specifically focusses on research that has implications for strategic intelligence in law enforcement. The review findings highlight the absence of detailed research of law enforcement strategic intelligence. Findings suggest that current law enforcement intelligence literature focuses narrowly on the management concept of intelligence-led policing in a tactical, operational setting. As a result there is little theory on how to improve strategic intelligence outcomes. This is despite the fact that intelligence –led policing is envisaged as a management tool to guide strategic decision making. the review identifies central issues surrounding strategic intelligence and highlights key questions that future research agendas must address to improve strategic intelligence outcomes