In the years since 9/11, counter-terrorism law and policy has proliferated across the world. This handbook comprehensively surveys how the law has been deployed in all aspects of counter-terrorism. It provides an authoritative and critical analysis of counter-terrorism laws in domestic jurisdictions, taking a comparative approach to a range of jurisdictions, especially the UK, the US, Australia, Canada, and Europe.
The 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, reflective of established counter-terrorism strategic approaches, and covers key themes such as:
- Policing and special powers, including surveillance
- Criminal offences and court processes
- Prevention of radicalisation and manifestations of extremism
- Protective/preparative security
- The penology of terrorism
In addressing counter-terrorism laws across a broad range of topics and jurisdictions, the handbook will be of great interest and use to researchers, students and practitioners in criminal law, counter-terrorism, and security studies.
Table of Contents
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. What’s 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 Chancellor’s 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.
"This book looks at UK Counter Terrorism Laws in the broadest context. As a result the authors have been able to describe not only how British Counter Terrorism laws function as part of UK criminal law, but also how they fit within international Counter Terrorism obligations and instruments.The book examines a wide range of energising issue – for example ‘dataveillance’. This is in the eye of the political storm about the permissible limits of surveillance.The book is clear, entertaining and provocative. I commend it as a leading new work, which all interested in Counter Terrorism should read."
-Lord Carlile of Berriew CBE, QC
"This handbook assembles leading writers to provide new insights and thinking in a field of enormous importance. It is a major contribution to academic and policy debates that continue around the world.
-George Williams, Anthony Mason Professor, University of New South Wales
How should democracies respond to terror? How have they done so? What options are available for the future, and what lessons can we learn from the past? The Routledge Handbook of Law and Terrorism is an essential and provocative guide to these questions, some of the most fundamental that democracies face today. It offers invaluable analysis from some of the world's most thoughtful scholars and experts on some of the most vexing questions of our age."
-David Cole, Professor, Georgetown University Law Center; author of Less Safe, Less Free: Why America Is Losing the War on Terror.
"The urgency of this subject and the rational manner in which the various chapters are organized definitely puts this book on the ‘must-buy’ list for a wide range of interested and involved readers, from policy makers and officials at all levels of government, to practitioners in criminal law, as well as academics specialising in counter-terrorism and security."
-Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers