The Criminalization Of Incitement To Terrorism From An International Perspective

Author : Ye Tao
Publisher : Unknown
Page : 0 pages
File Size : 41,5 Mb
Release : 2023
Category : Electronic
ISBN : 3031343727

Get Book

The Criminalization of Incitement to Terrorism from an International Perspective by Ye Tao Pdf

This book critically analyzes the criminalization of incitement to terrorism under the fundamental principles of legality, necessity, and proportionality with the aim of striking a fair balance between security and liberty on this complicated issue. The criminalization of incitement to terrorism has gained momentum, but no exact or generally accepted definition of this offense exists at the international level. What's more, given that the criminalization of incitement to terrorism results in restrictions on the exercise of citizens' freedom of expression, there should be certain limitations on those criminal measures to avoid unnecessary or disproportionate infringement of this fundamental human right. Nevertheless, there has not been a precise standard by which to determine how to draw the line between anti-terrorism and the protection of freedom of expression. Hence, it could be concluded that the criminalization of incitement to terrorism concerns how to balance security and liberty, and the safeguarding principles of legality, necessity, and proportionality should be fully observed in considering this issue. This book studies definitions of "incitement", "terrorism", and "incitement to terrorism" under the relevant international and national legislation, and points out the existing absence, ambiguousness, or substantive divergence in defining actus reus and mens rea regarding incitement to terrorism. It carefully considers the current need for and essential limitations on criminal measures against incitement to terrorism in accordance with the principles of necessity and proportionality, and particularly focuses on how to balance the protection of freedom of expression with the criminalization of incitement to terrorism. In considering how to draw a line between the two, the book formulates precise requirements for objective and subjective elements of this offense in accordance with the principle of legality. Given its scope, it will be of interest not only to academics, human rights lawyers and practitioners, but also to policymakers, as it offers an extensive evaluation of the effects and counter-effects of existing criminal measures.

Author : Ronald D. Crelinsten,Danielle Laberge-Altmejd,Denis Szabo
Publisher : Lexington, Mass. ; Toronto : Lexington Books
Page : 168 pages
File Size : 51,9 Mb
Release : 1978
Category : Education
ISBN : STANFORD:36105037277733

Get Book

Terrorism and Criminal Justice by Ronald D. Crelinsten,Danielle Laberge-Altmejd,Denis Szabo Pdf

This book derives from a conference entitled 'The impact of terrorism and skyjacking on the operations of the criminal justice system' held in February 1976 in Rochester, Michigan.

Author : Anne F. Bayefsky,Laurie R. Blank
Publisher : BRILL
Page : 187 pages
File Size : 42,5 Mb
Release : 2018-03-22
Category : Law
ISBN : 9789004359826

Get Book

Incitement to Terrorism by Anne F. Bayefsky,Laurie R. Blank Pdf

Incitement to terrorism connects the dots between evil words and evil deeds. Hate precedes terror. History has already taught us that incitement to genocide and to crimes against humanity unchecked will inevitably bring devastation to humankind. Incitement is an affront to the dignity of its victims, and poses a dire threat to all people of good will. However, combating incitement to terrorism poses operational, constitutional and human rights challenges on many fronts, both domestically and internationally. What is incitement? Where should the line be drawn between protected speech and incitement that should be criminalized? Does war change the calculus of what are appropriate and lawful measures to contain and respond to such incitement? And, perhaps most challenging of all, how does social media and the nature of communication and engagement in today’s virtual world change or complicate how we think about and can respond to incitement?

Author : Ye Tao
Publisher : Springer Nature
Page : 175 pages
File Size : 50,7 Mb
Release : 2023-07-25
Category : Law
ISBN : 9783031343704

Get Book

The Criminalization of Incitement to Terrorism from an International Perspective by Ye Tao Pdf

This book critically analyzes the criminalization of incitement to terrorism under the fundamental principles of legality, necessity, and proportionality with the aim of striking a fair balance between security and liberty on this complicated issue. The criminalization of incitement to terrorism has gained momentum, but no exact or generally accepted definition of this offense exists at the international level. What’s more, given that the criminalization of incitement to terrorism results in restrictions on the exercise of citizens’ freedom of expression, there should be certain limitations on those criminal measures to avoid unnecessary or disproportionate infringement of this fundamental human right. Nevertheless, there has not been a precise standard by which to determine how to draw the line between anti-terrorism and the protection of freedom of expression. Hence, it could be concluded that the criminalization of incitement to terrorism concerns how to balance security and liberty, and the safeguarding principles of legality, necessity, and proportionality should be fully observed in considering this issue. This book studies definitions of “incitement”, “terrorism”, and “incitement to terrorism” under the relevant international and national legislation, and points out the existing absence, ambiguousness, or substantive divergence in defining actus reus and mens rea regarding incitement to terrorism. It carefully considers the current need for and essential limitations on criminal measures against incitement to terrorism in accordance with the principles of necessity and proportionality, and particularly focuses on how to balance the protection of freedom of expression with the criminalization of incitement to terrorism. In considering how to draw a line between the two, the book formulates precise requirements for objective and subjective elements of this offense in accordance with the principle of legality. Given its scope, it will be of interest not only to academics, human rights lawyers and practitioners, but also to policymakers, as it offers an extensive evaluation of the effects and counter-effects of existing criminal measures.

Author : Walker, Clive,Llobet Anglí, Mariona,Meliá, Manuel C.
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 43,5 Mb
Release : 2022-01-18
Category : Law
ISBN : 9781788976329

Get Book

Precursor Crimes of Terrorism by Walker, Clive,Llobet Anglí, Mariona,Meliá, Manuel C. Pdf

This illuminating book offers a timely assessment of the development and proliferation of precursor crimes of terrorism, exploring the functions and implications of these expanding offences in different jurisdictions. In response to new modes and sources of terrorism, attempts to pre-empt potential attacks through precursor offences have emerged. This book examines not only the meanings and effectiveness of this approach, but also the challenges posed to human rights and social and economic development.

Author : Anonim
Publisher : United Nations Publications
Page : 136 pages
File Size : 51,8 Mb
Release : 2010
Category : Electronic
ISBN : 9211562821

Get Book

Handbook on Criminal Justice Responses to Terrorism by Anonim Pdf

Acknowledgements -- Introduction and legal context -- Key components of an effective criminal justice response to terrorism -- Criminal justice accountability and oversight mechanisms

Author : Wolfgang Schomburg
Publisher : Unknown
Page : 2449 pages
File Size : 43,7 Mb
Release : 2006
Category : Criminal jurisdiction
ISBN : 3406525725

Get Book

International cooperation in criminal matters by Wolfgang Schomburg Pdf

Author : Charles C. Jalloh,Kamari M. Clarke,Vincent O. Nmehielle
Publisher : Cambridge University Press
Page : 1199 pages
File Size : 54,5 Mb
Release : 2019-05-16
Category : History
ISBN : 9781108422734

Get Book

The African Court of Justice and Human and Peoples' Rights in Context by Charles C. Jalloh,Kamari M. Clarke,Vincent O. Nmehielle Pdf

This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.

Author : Richard B. Zabel,James J. Benjamin,Human Rights First (Organization)
Publisher : Unknown
Page : 190 pages
File Size : 52,7 Mb
Release : 2008
Category : Law
ISBN : UOM:39015082713127

Get Book

In Pursuit of Justice by Richard B. Zabel,James J. Benjamin,Human Rights First (Organization) Pdf

In recent years, there has been much controversy about the proper forum in which to prosecute and punish suspected terrorists. Some have endorsed aggressive use of military commissions; others have proposed an entirely new "national security court." However, as the nation strives for a vigorous and effective response to terrorism, we should not lose sight of the important tools that are already at our disposal, nor should we forget the costs and risks of seeking to break new ground by departing from established institutions and practices. As this White Paper shows, the existing criminal justice system has proved successful at handling a large number of important and challenging terrorism prosecutions over the past fifteen years-without sacrificing national security interests, rigorous standards of fairness and due process, or just punishment for those guilty of terrorism-related crimes.

Author : Fatemah Alzubairi
Publisher : Cambridge University Press
Page : 291 pages
File Size : 52,6 Mb
Release : 2019-01-10
Category : Law
ISBN : 9781108476928

Get Book

Colonialism, Neo-Colonialism, and Anti-Terrorism Law in the Arab World by Fatemah Alzubairi Pdf

Providing a legal history of counter-terrorism in colonial and neo-colonial eras, this book examines the relationship between Western influence and counter-terrorism law.

Author : Gabriel Weimann
Publisher : US Institute of Peace Press
Page : 340 pages
File Size : 47,7 Mb
Release : 2006
Category : Computers
ISBN : 1929223714

Get Book

Terror on the Internet by Gabriel Weimann Pdf

Drawing on a seven-year study of the World Wide Web and a wide variety of literature, the author examines how modern terrorist organizations exploit the Internet to raise funds, recruit, and propagandize, as well as to plan and launch attacks and to publicize their chilling results.

Author : United Nations
Publisher : United Nations Publications
Page : 0 pages
File Size : 53,8 Mb
Release : 2008
Category : Social Science
ISBN : 9211337771

Get Book

International Instruments Related to the Prevention and Suppression of International Terrorism by United Nations Pdf

THis publication is an updated compendium of universal and regional counter-terrorisms international treaties, conventions, and agreements.

Author : Us National Security Council
Publisher : Cosimo Reports
Page : 36 pages
File Size : 42,5 Mb
Release : 2021-06-15
Category : Electronic
ISBN : 1646795768

Get Book

National Strategy for Countering Domestic Terrorism by Us National Security Council Pdf

"Together we must affirm that domestic terrorism has no place in our society." -President Joseph R. Biden, Jr., National Strategy for Countering Domestic Terrorism (June 2021) National Strategy for Countering Domestic Terrorism (June 2021) conveys the Biden Administration's view of domestic terrorism and strategy on how to deal with it. What is domestic terrorism? As defined by this report, it is based on a range of violent ideological motivations, including racial bigotry and anti-government feeling, and it can take several forms, from lone actors and small groups to violent militias.

Author : Ana María Salinas de Frías,Katja Samuel,Nigel White
Publisher : Oxford University Press
Page : 1229 pages
File Size : 47,7 Mb
Release : 2012-01-19
Category : Law
ISBN : 9780199608928

Get Book

Counter-Terrorism by Ana María Salinas de Frías,Katja Samuel,Nigel White Pdf

Government responses to terrorism can conflict with the protection of human rights and the rule of law. By comprehensively looking at all aspects of counter-terrorism measures from a comparative perspective, this book identifies best practices and makes clear recommendations for the future.

Author : Christophe Paulussen,Martin Scheinin
Publisher : Springer Nature
Page : 373 pages
File Size : 51,6 Mb
Release : 2019-12-09
Category : Law
ISBN : 9789462653559

Get Book

Human Dignity and Human Security in Times of Terrorism by Christophe Paulussen,Martin Scheinin Pdf

In this book, it is explained that despite a current drop in the number of deaths, terrorism should still be considered a serious and widespread problem. However, the responses to this phenomenon are often more problematic from a long-term perspective. With the human rights framework under serious pressure, this edited volume offers a timely, important and critical in-depth analysis of human dignity and human security challenges in the lead-up, and in the responses, to current forms of terrorism. It aims to map how human dignity and human security can be secured and how law can constitute a source of trust at a time when Europe and the rest of the world continue to be plagued by terrorism. The authors are both established names and upcoming talent in this fastchanging and exciting field of law. They thoroughly analyse a variety of topical subjects, in more conceptual chapters—for example calling for the humanisation of the security discourse—and in highly practical contributions, in which for instance the Kafkaesque situation in which rendition and torture victim Abu Zubaydah still finds himself today is considered. This book, which focuses on, but is not limited to the situation in Western countries, aims to inspire not only academics—through further theorisation on the sometimes elusive but important concepts of human dignity and human security—but also practitioners working in the field of countering terrorism. It will hopefully convince them (even more) that following a human rights approach will be indispensable in securing human dignity and human security for all. Even—or in fact: especially—in times of terrorism. Christophe Paulussen is a Senior Researcher in the Research Department of the T.M.C. Asser Instituut in The Hague, The Netherlands and Martin Scheinin is Professor of International Law and Human Rights in the Department of Law of the European University Institute (EUI) in Florence, Italy.