Hardback
Precursor Crimes of Terrorism
The Criminalisation of Terrorism Risk in Comparative Perspective
9781788976312 Edward Elgar Publishing
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.
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Critical Acclaim
Contributors
Contents
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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.
Featuring contributions from leading academic and practitioner experts in counter-terrorism law, the book covers the broad scope of activities tackled by these new legal interventions, including membership, collaboration, communications, training and financing. Taking a comparative approach that relies on extensive experience in various jurisdictions, including the UK and Spain, the chapters also discuss important related issues such as international cooperation, investigations and penology, offering insights into the context of policies and practices.
Scholars and advanced students of criminal and human rights law with an interest in terrorism and terrorism offences will find this book essential reading. It will also benefit legal practitioners and policy makers in fields such as international criminal law cooperation and counter-terrorism.
Featuring contributions from leading academic and practitioner experts in counter-terrorism law, the book covers the broad scope of activities tackled by these new legal interventions, including membership, collaboration, communications, training and financing. Taking a comparative approach that relies on extensive experience in various jurisdictions, including the UK and Spain, the chapters also discuss important related issues such as international cooperation, investigations and penology, offering insights into the context of policies and practices.
Scholars and advanced students of criminal and human rights law with an interest in terrorism and terrorism offences will find this book essential reading. It will also benefit legal practitioners and policy makers in fields such as international criminal law cooperation and counter-terrorism.
Critical Acclaim
‘This impressive collection of chapters, from internationally respected academics and practitioners with expertise on terrorism and criminal law, tackles an important recent phenomenon. As ever more states seek to counter the threat of terrorism in innovative ways, specialised criminal offences proliferate and expand to reach those who fund, plan, encourage, prepare, or glorify terrorism in the physical and online worlds. The perceived threat posed by terrorism permits legislatures to criminalise more widely and punitively. The need for adequate scrutiny and safeguards is obvious as these offences challenge orthodox definitions and structures of criminal laws and their jurisdictional reach as well as traditional trial processes. The book provides an insightful exploration of the theoretical, social and practical dimensions to precursor offences and offenders, drawing particularly on European experience. It will serve as a valuable resource for scholars and policy makers examining the many challenges that such legislation brings.’
– David Ormerod CBE, QC, University College London, UK
‘This work explores and updates the study on the limits of criminal intervention against terrorism. It masterfully combines the study of the fundamentals with a common thread in the “advancement” of the punitive barrier to crimes of expression or crimes of belonging to organisations, without neglecting procedural aspects, cooperation or prison execution. And all of this with a comparative law approach that makes this work a genuinely European contribution to a more contained, legitimate and, at the same time, effective anti-terrorist strategy.’
– Jon-Mirena Landa, Director, UNESCO Chair for Human Rights, University of the Basque Country, Spain
– David Ormerod CBE, QC, University College London, UK
‘This work explores and updates the study on the limits of criminal intervention against terrorism. It masterfully combines the study of the fundamentals with a common thread in the “advancement” of the punitive barrier to crimes of expression or crimes of belonging to organisations, without neglecting procedural aspects, cooperation or prison execution. And all of this with a comparative law approach that makes this work a genuinely European contribution to a more contained, legitimate and, at the same time, effective anti-terrorist strategy.’
– Jon-Mirena Landa, Director, UNESCO Chair for Human Rights, University of the Basque Country, Spain
Contributors
Contributors: Mariona Llobet Anglí, Paul Arnell, Gonzalo J. Basso, Gonzalo Boye Tuset, Enara Garro Carrera, Mark Carroll, Francesca Galli, Iñigo Ortiz De Urbina Gimeno, Daniel Rodríguez Horcajo, Saskia Maria Hufnagel, Florence Lee, Fernando Miró Llinares, Juan Alberto Díaz López, Mertxe Landera Luri, Aniceto Masferrer, Manuel Cancio Meliá, Christopher Michaelsen, Anneke Petzsche, Ben Saul, Pedro Talavera, Mark Topping, Benet Salellas I Vilar, Clive Walker
Contents
Contents:
PART I INTRODUCTION
1 Introduction to Precursor Crimes of Terrorism 2
Mariona Llobet Anglí, Manuel Cancio Meliá, and Clive Walker
2 Counter terrorism through precursor crimes 20
Clive Walker
PART II CRIMINALISATION OF ANTICIPATORY
RISK OF TERRORISM ATTACKS
3 Law as reason vs law as will in the fight against terrorism:
from a Hobbesian conception of law to an Orwellian society 44
Aniceto Masferrer and Pedro Talavera
4 The criminalisation of terrorism risk within the European
Union: a suitable choice? 56
Francesca Galli
5 Voluntary abandonment related to the crime of
membership of a terrorist group 72
Mertxe Landera Luri
6 Precursor crimes in Australia’s anti-terrorism legislation 83
Christopher Michaelsen
PART III PRECURSOR COMMUNICATION CRIMES IN
RELATION TO TERRORISM
7 The legitimacy of offences criminalising incitement to
terrorist acts: a European perspective 99
Anneke Petzsche
8 Twitter after Charlie Hebdo and the Paris Bataclan
attacks: identifying and measuring the different types of
violent speech on the internet 113
Fernando Miró-Llinares
9 Spanish writing on the wall? Glorification of terrorism
under Spanish law 127
Manuel Cancio Meliá
10 Terrorism as a hate crime? 143
Juan Alberto Díaz López
PART IV EXPANSION OF PRECURSOR TERRORISM
CRIMES: ORGANISATIONAL, EVIDENTIAL
AND INTERNATIONAL
11 Agency costs avoidance through ‘leaderless resistance’
and the criminalization of visiting Internet sites: is the cure
worse than the disease? 157
Íñigo Ortiz de Urbina Gimeno
12 ‘Jihadist lone wolves’: terrorists, murderers or believers?
Back to an actor-based criminal law 170
Mariona Llobet Anglí
13 Intelligence expert evidence against terrorism in Spain 183
Gonzalo Boye Tuset
14 Precursor crimes of international terrorism 196
Ben Saul
PART V PROCESS, PRACTICE AND PUNISHMENT
15 Police cooperation in counter-terrorism: limits and suitable
partners 221
Saskia Maria Hufnagel
16 The accommodation of precursor crimes within extradition 240
Paul Arnell
17 Criminal process and precursor crimes of terrorism 254
Mark Topping and Mark Carroll
18 Legal experiments in the Spanish judicial fight against
jihadist terrorism 269
Benet Salellas i Vilar
19 The ends of state punishment and terrorism 281
Daniel Rodríguez Horcajo
20 The relevance of mandatory minimum penalties: an
introduction with reference to precursor crimes of
terrorism in Spain 292
Gonzalo J. Basso
21 Penal policies and terrorist offenders in Spain: a matter of
recidivism risk assessment or a matter of de-radicalisation? 304
Enara Garro Carrera
22 The sentencing of precursor terrorism crimes in the United
Kingdom 316
Florence Lee and Clive Walker
Select bibliography 335
Index
PART I INTRODUCTION
1 Introduction to Precursor Crimes of Terrorism 2
Mariona Llobet Anglí, Manuel Cancio Meliá, and Clive Walker
2 Counter terrorism through precursor crimes 20
Clive Walker
PART II CRIMINALISATION OF ANTICIPATORY
RISK OF TERRORISM ATTACKS
3 Law as reason vs law as will in the fight against terrorism:
from a Hobbesian conception of law to an Orwellian society 44
Aniceto Masferrer and Pedro Talavera
4 The criminalisation of terrorism risk within the European
Union: a suitable choice? 56
Francesca Galli
5 Voluntary abandonment related to the crime of
membership of a terrorist group 72
Mertxe Landera Luri
6 Precursor crimes in Australia’s anti-terrorism legislation 83
Christopher Michaelsen
PART III PRECURSOR COMMUNICATION CRIMES IN
RELATION TO TERRORISM
7 The legitimacy of offences criminalising incitement to
terrorist acts: a European perspective 99
Anneke Petzsche
8 Twitter after Charlie Hebdo and the Paris Bataclan
attacks: identifying and measuring the different types of
violent speech on the internet 113
Fernando Miró-Llinares
9 Spanish writing on the wall? Glorification of terrorism
under Spanish law 127
Manuel Cancio Meliá
10 Terrorism as a hate crime? 143
Juan Alberto Díaz López
PART IV EXPANSION OF PRECURSOR TERRORISM
CRIMES: ORGANISATIONAL, EVIDENTIAL
AND INTERNATIONAL
11 Agency costs avoidance through ‘leaderless resistance’
and the criminalization of visiting Internet sites: is the cure
worse than the disease? 157
Íñigo Ortiz de Urbina Gimeno
12 ‘Jihadist lone wolves’: terrorists, murderers or believers?
Back to an actor-based criminal law 170
Mariona Llobet Anglí
13 Intelligence expert evidence against terrorism in Spain 183
Gonzalo Boye Tuset
14 Precursor crimes of international terrorism 196
Ben Saul
PART V PROCESS, PRACTICE AND PUNISHMENT
15 Police cooperation in counter-terrorism: limits and suitable
partners 221
Saskia Maria Hufnagel
16 The accommodation of precursor crimes within extradition 240
Paul Arnell
17 Criminal process and precursor crimes of terrorism 254
Mark Topping and Mark Carroll
18 Legal experiments in the Spanish judicial fight against
jihadist terrorism 269
Benet Salellas i Vilar
19 The ends of state punishment and terrorism 281
Daniel Rodríguez Horcajo
20 The relevance of mandatory minimum penalties: an
introduction with reference to precursor crimes of
terrorism in Spain 292
Gonzalo J. Basso
21 Penal policies and terrorist offenders in Spain: a matter of
recidivism risk assessment or a matter of de-radicalisation? 304
Enara Garro Carrera
22 The sentencing of precursor terrorism crimes in the United
Kingdom 316
Florence Lee and Clive Walker
Select bibliography 335
Index
