How to do Things with Security Post 9/11

Kostakopoulou, Dora

doi:10.1007/978-0-230-30512-0_10

Cited by 3 publications

(3 citation statements)

References 19 publications

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“…The view that peace and security and fundamental human rights are mutually exclusive is thought by some, if not all commentators to be simply untrue [35]. They argue that any lasting strategy for peace and security that is not anchored in respect for human rights and civil liberties is essentially a strategy of insecurity [36]. Whilst this is clearly only one view, it could be argued that whenever national or international security is threatened states should uphold human rights not dispose of them on the grounds they are luxuries that cannot be supported.…”

Section: Resultsmentioning

confidence: 99%

UN Targeted Terrorist Sanctions and the Rule of Law: The UKs Response

Stevens

2012

Journal of Terrorism Research

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his paper will examine how the UK has implemented 'targeted' or 'smart' sanctions designed to freeze the assets of individuals and other entities in relation to those suspected of being involved in terrorist activity, through implementation of various United Nations Security Council Resolutions (SCR's). This article will chart the historical development of these UN sanctions and analyse how the UK introduced them into domestic law, firstly by means of secondary legislation contained in the United Nations Act 1945 and secondly following the decision by the UK Supreme Court in R v A (& others) [2] in the form of the Terrorist Asset Freezing Etc Act 2010. Both the case and the subsequent legislation and its impact will also be discussed. Finally the paper will consider weather this implementation has eroded fundamental rights within the UK's domestic law in order to fulfil our international obligations under the UN charter and what if any protection, is now in place for those named under this system after implementation of the UK's new asset freezing regime. The Historical and Legal Background of UN Sanctions Following the formation of the United Nations, member states bound themselves through the UN's Charter to maintain international peace and security, to take collective measures for the prevention and removal of any threat to this peace and to promote and encourage respect for human rights and fundamental freedoms (Article 1)[3]. The United Nations Security Council (UNSC) was given primary responsibility for maintaining this peace and security and member states agreed through the charter to carry out the decisions or resolutions of the Security Council in order to achieve this end (Article 24). Under Article 41 of the UN Charter, the Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. Among a number of miscellaneous provisions in Chapter XVI is one of the most important articles 103, which provides; "In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.[4]" "T

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Section: Resultsmentioning

confidence: 99%

UN Targeted Terrorist Sanctions and the Rule of Law: The UKs Response

Stevens

2012

Journal of Terrorism Research

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“…It barely needs stating that the ‘politics of fear’ (Kostakopoulou, 2008: 321) ensuing in the period following the commission of a terrorist attack may also represent something of a ‘window of opportunity’ for governments with the heat of the emergency providing convenient political cover for previously controversial legislative measures. Den Boer (2006), for example, has questioned whether the 9/11 attacks were used by the European Union as a means of legitimizing the rapid adoption of highly contentious measures and technologies of security governance (Hassan, 2010).…”

Section: Forms Of Contagion In Francementioning

confidence: 99%

Contagion, counterterrorism and criminology: The Case of France

Hamilton

Berlusconi

2018

Criminology & Criminal Justice

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In the burgeoning criminological literature on security, risk and preventive justice which has followed the 9/11 attacks on the Twin Towers, ‘contagion’ or the deleterious effect of counterterrorist policies on the ordinary criminal law has been the subject of some discussion, mostly in the context of the threat which such ‘exceptional’ policies pose to mainstream procedural values. This article seeks to build on this literature through an examination of the impact of post 9/11 counterterrorism law and policy on the ordinary criminal justice system in France. Given the extent to which counterterrorist law now encroaches on various aspects of French criminal law, the argument is made for greater criminological attention to be paid to the ‘trickle-down’ effect of extraordinary law on the ordinary business of the criminal justice system

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“…The above legislation was introduced because of the ''new'' threat that the UK faced from Al-Qaeda led extremists (Kostakopoulou, 2008). According to Fenwick and Choudhury (2011) whose study examined Muslim communities' responses towards counter-terrorism policy and legislation they found that many Muslims communities, organisations and groups felt the anti-terrorism legislation was both heavy handed and disproportionate.…”

Section: The Terrorism Act 2000mentioning

confidence: 99%

Glorifying and encouraging terrorism: preserving the golden thread of civil liberties in Britain

Awan

2012

Jnl Aggress Conflict Peace Res

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Purpose -Al-Qaeda poses a major challenge to western democracies with its international networks and suicide attacks; it has been involved in some of the most horrific terrorist attacks across the world. As a result the UK, similar to many other countries, has enacted hard-line counter-terrorism legislation that has had an impact upon Muslim community relations with law enforcement agencies. This paper aims to examine the glorification offence under the Terrorism Act and its implications for free speech.Design/methodology/approach -The paper is designed to examine counter-terrorism legislation in Britain and in particular the offence of glorification and the impact it has had upon Muslim communities using empirical case studies and theoretical evidence.Findings -It is found that Muslim communities feel that their freedom of speech, thought and expression have been seriously curtailed as a result of the glorification offence and has led them to feel a sense of alienation and stigma which has manifested itself in the community by not trusting law enforcement agencies and counter-terrorism policies. Practical implications -In order to build trust with the Muslim community law enforcement agencies such as the police need to ensure that they do not disproportionately use their power of arrest under the guise of combating terrorism. Therefore, there is a need for law enforcement agencies to improve their internal and external structures through a process of engagement and understanding Muslim communities which would help rebuild trust and confidence.Originality/value -The paper examines counter-terrorism legislation and provides a theoretical framework for how policy should be shaped in the area of counter-terrorism. Currently the literature available concerning the new government reforms and the glorification offence under the Terrorism Act is limited and thus this paper provides a unique contribution towards understanding this offence in more detail and the impact it may have upon Muslim communities and civil liberties.

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How to do Things with Security Post 9/11

Cited by 3 publications

References 19 publications

UN Targeted Terrorist Sanctions and the Rule of Law: The UKs Response

UN Targeted Terrorist Sanctions and the Rule of Law: The UKs Response

Contagion, counterterrorism and criminology: The Case of France

Glorifying and encouraging terrorism: preserving the golden thread of civil liberties in Britain

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