Prosecution of maritime terrorists : the role of national courts in ensuring accountability

Maritime security has emerged as a critical legal and political issue in the contemporary world. Terrorism in the maritime domain is a major maritime security issue. Ten out of the 44 major terrorist groups of the world, as identified in the US Department of State’s Country Reports on Terrorism, have maritime terrorism capabilities. Prosecution of maritime terrorists is a politically and legally difficult issue, which may create conflicts of jurisdiction. Prosecution of alleged maritime terrorists is carried out by national courts. There is no international judicial institution for the prosecution of maritime terrorists. International law has therefore anticipated a vital role for national courts in this respect. The international legal framework for combating maritime terrorism has been elaborately examined in existing literature therefore this paper will only highlight the issues regarding the prosecution of maritime terrorists. This paper argues that despite having comprehensive intentional legal framework for the prosecution of maritime terrorists there is still some scopes for conflicts of jurisdiction particularly where two or more States are interested to prosecute the same offender. This existing legal problem has been further aggravated in the post September 11 era. Due to the political and security implications, States may show reluctance in ensuring the international law safeguards of alleged perpetrators in the arrest, detention and prosecution process. Nevertheless, international law has established a comprehensive system for the prosecution of maritime terrorists where national courts is the main forum of ensuring the international law safeguards of alleged perpetrators as well as ensuring the effective prosecution of maritime terrorists thereby playing an instrumental role in establishing a rule based system for combating maritime terrorism. Using two case studies, this paper shows that the role of national courts has become more important in the present era because there may be some situations where no State is interested to initiate proceedings in international forums for vindicating rights of an alleged offender even if there is a clear evidence of violation of international human rights law in the arrest, detention and prosecution process. This paper presents that despite some bottlenecks national courts are actively playing this critical role. Overall, this paper highlights the instrumental role of national courts in the international legal order.

Tackling the terrorists: the experience of internment without trial in Northern Ireland

In August 1971, the devolved Stormont administration in Northern Ireland introduced internment without trial of those suspected of involvement in IRA terrorism. Ever since, the policy has been regarded as an abject failure. This article will reassess many of the key questions about internment: why did the Northern Ireland government introduce it when it did? Why did the Westminster government agree to a measure without parallel in British peacetime history? Why did it fail, when it had worked before? Was internment always doomed, or only because it was badly implemented? What was the alternative? How does the liberal democratic state defend itself against violent subversion without itself resorting to brutality and violence? This article is based on archival research in Great Britain, Northern Ireland and the Republic of Ireland, and on interviews with former internees, politicians and civil servants, and former members of the security forces. It suggests that internment was a relatively humane and honest policy and might, in different circumstances, have spared Northern Ireland thirty years of murder and mayhem.

Mortality salience, political orientation and minimization of terrorists??? secondary emotions

Resumen tomado de la publicaci??n

Al-Qaeda - terrorists, hypocrites, fundamentalists? The view from within

This article investigates the ideology of Al-Qaeda as perceived from within the network. Particular attention is paid to the ideological background of Al-Qaeda's intellectual leadership, its sociopolitical context and the nature of its recruits. The inner logic of the Al-Qaeda organisation advances an intellectual concept that is not based on the main schools of Islamic theology, but on a new ideological starting point that results from the application of Islamic principles to sociopolitical change. With its political goals reinforced by the teachings of the Quran, exemplified by the content and rhetoric of a recently discovered training manual, the organisation creates powerful imagery embedded in the collective consciousness of the Muslim community. Thus, the message provided by Al-Qaeda inspires its followers to commit violent acts of destruction while being fully convinced that they are fulfilling the ordained will of Allah.

Ferals, nomads, drifters, gypsies, vagrants, blow-ins, thieves, troublemakers, tricksters and terrorists : creative writing, from creative industries to creative ecologies

In this paper I consider some issues that I, as a creative writer and academic, find with the concept and current understandings of the term creative industries. The subject of creative industries is not one that has been adequately teased out in relation to creative writing, even though the creative industries model has been a strong force in cultural policymaking internationally since the late 1990s. It influences policies that in turn may affect writers, especially those applying for state or national funds to resource their writing, and also writers working within the academy and attempting to gain recognition and funding for creative work there. The issues relating to creative industries are also particularly pertinent at this time in Australian universities, as the new system of research quality measurement is negotiated, and creative arts scholars, including those in creative writing, struggle to define their work in terms of those negotiations. I will argue that the recent work of Paul Carter looks towards ways in which creative industries may be more inclusive and useful for the creative arts, including creative writing, and suggest that a reclaimed term, creative ecologies, indicates a good way of taking creative industries into the future.

Terrorists Among Us: Effects of a Suspect's Group Membership, Terrorist Past, and Knowledge on Lay Persons' Interrogation Severity Recommendations

Support among US citizens for severe interrogation has been recognized as drawing upon utilitarian as well as on retributive motivation (Carlsmith & Sood, 2009). Two studies were conducted to expand on these findings in a Swiss sample. In Study 1, participants rated the severity of different interrogation techniques, which were scaled to provide an alternative measure of interrogation severity. In Study 2, retributive motivation was manipulated by varying the terrorist past of a male suspect, and utilitarian motivation was manipulated by varying the probability that the suspect could provide valuable information. Additionally, we manipulated the suspect’s group membership. The results of the vignette study suggest that the number and severity of recommended interrogation techniques is mainly influenced by whether the suspect might provide valuable information. Whether the suspect had a terrorist past was an additional influence that, however, was primarily attributable to the suspect’s group membership: If the suspect belonged to the ingroup, participants’ harsher interrogation recommendations were affected by that person’s past, whereas recommendations were not significantly influenced by a terrorist past if the suspect was an outgroup member.