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The Northern Ireland peace process has been heralded by those involved as a successful example of transformation from a violent conflict to a peaceful society. This book examines the implementation of the Belfast Agreement in Northern Ireland, and evaluates whether its goal to establish a normal, peaceful society has been fully realised. Using the political and legal status of England, Scotland and Wales as a comparison, Jessie Blackbourn evaluates eight aspects of Northern Ireland which the Agreement aimed to normalise: the contested constitutional status of Northern Ireland, the devolution of power, decommissioning, the removal of emergency laws, demilitarisation, police reform, criminal justice reform, and paramilitary prisoners. The book highlights the historical context which gave rise to the need for a programme of normalisation within the Belfast Agreement with respect to these areas and assesses the extent to which that programme of normalisation has been successfully implemented. By evaluating the implementation of the Belfast Agreement, the book demonstrates the difficulties that transitional or post-conflict states face in attempting to wind back extraordinary counter-terrorism policies after periods of violence have been brought to an end. The book will be of great use to students and researchers concerned with the emergence, evolution and repeal of anti-terrorism laws, and anyone interested in the history of the conflict and peace process in Northern Ireland.
The rule of law is becoming a victim of the struggle against terrorism. Many countries are reviewing their security procedures and questioning whether due process rights hinder them in the war on terror. There is increasing emphasis on preventive detention or strategies of disablement that cut into the liberties of suspects who may not have committed a crime. The focus of this book is the Republic of Ireland, where the risk of political violence has constantly threatened the Irish state. To ensure its survival, the state has resorted to emergency laws that weaken due process rights. The effects of counter-terrorism campaigns upon the rule of law governing criminal justice in Ireland are a central feature of this book. Globalization has supported this crossover, as organized crime seems immune to conventional policing tactics. But globalization fragments the authority of the state by introducing a new justice network. New regulatory agencies are entrusted with powers to control novel risks and social movements adopt a human rights discourse to contest state power and emergency laws. The result of this conflux of actors and risks is are negotiation of the model of justice that citizens can expect. Terrorism, Rights and the Rule of Law contributes to current debates about civil liberties in the war on terror, how counter-terrorism can contaminate criminal justice, and how globalization challenges a state-centred view of criminal justice. It will be of key interest to students of criminology, law, human rights and sociology,as well as legal and other practitioners and policy-makers.
This book is about the highly controversial use of supergrasses from loyalist and republican paramilitary organizations in Northern Ireland during the 1980s. 'Supergrasses' are informers or suspects prepared to testify in court against their alleged ex-confederates in return for rewards such as immunity from prosecution, lenient sentences, and new identities. The trials in Northern Ireland in which they featured were some of the largest ever conducted in the United Kingdom. In this thought-provoking study, Steven Greer analyses these proceedings and traces their origins in the murky world of counter-terrorism and intelligence-gathering. The case for stronger legal safeguards receives particularly strong support from the extensive comparisons with similar processes in other countries. The publication of this book could hardly be more timely; Northern Ireland is once again at the top of the political agenda in the United Kingdom and Ireland, and recent developments have ensured that the Troubles are once again the focus of widespread international attention. The current mood of optimism provides an ideal opportunity for the lessons contained in this book to be properly learned and applied.
The purpose of this book is to honour the influential and wide-ranging work of Professor Clive Walker. It explores Professor Walker's influence from three perspectives. Firstly, it provides a historical reflection upon the development of the law and policy in relation to counter-terrorism and miscarriages of justice since the 1970s. This historical perspective, which is often overlooked, is particularly timely 17 years after 9/11 as trends become clearer and historical perspective even more valuable. So too with miscarriages of justice: while there was considerable public and political scrutiny following high-profile miscarriages such as the Birmingham Six, Guildford Four, and others, in the early 1990s, today there is much less scrutiny, despite significant concern relating to issues such as legal aid and access to justice increasing the potential (if not likelihood) for miscarriages to occur. By including a critical historical perspective, this book enables us to learn lessons from the past and to minimise contemporary risks of miscarriages of justice. Secondly, this book provides a critical analysis of the law and policy as it stands today, and its future trajectory. Applying Walker's theoretical and analytical contributions to the field, the authors focus on pressing contemporary concerns, identifying lacunae where relevant, as well as the possible, probable and preferable future trends. Finally, the book celebrates and recognises the significant contributions by Walker, with each chapter built around one or more of Walker's key works.
Powers to outlaw or proscribe terrorist organisations have become cornerstones of global counter-terrorism regimes. In this comprehensive volume, an international group of leading scholars reflect on the array of proscription regimes found around the world, using a range of methodological, theoretical and disciplinary perspectives from Political Science, International Relations, Law, Sociology and Criminology. These perspectives consider how domestic political and legal institutions intersect with and transform the use of proscription in countering terrorism and beyond. The chapters advance a range of critical perspectives on proscription laws, processes and outcomes, drawing from a global range of cases including Australia, Canada, the EU, Spain, Sri Lanka, Turkey, the UK and the USA. Using single and comparative cases, the authors emphasise the impacts of proscription on freedoms of speech and association, dissent, political action and reconciliation. The chapters demonstrate the manifold consequences for diasporas and minorities, especially those communities linked to struggles overseas against oppressive regimes, and stress the significance of language and other symbolic practices in the justification and extension of proscription powers. The volume concludes with an in-depth interview on the blacklisting of terror groups with the former U.S. Director of National Intelligence, James Clapper. This book was originally published as a special issue of the journal Terrorism and Political Violence.
The decade after 11 September 2001 saw the enactment of counter-terrorism laws around the world. These laws challenged assumptions about public institutions, human rights and constitutional law. Those challenges are particularly apparent in the context of the increased surveillance powers granted to many law enforcement and intelligence agencies. This book brings together leading legal scholars in the field of counter-terrorism and constitutional law, and focuses their attention on the issue of surveillance. The breadth of topics covered in this collection include: the growth and diversification of mechanisms of mass surveillance, the challenges that technological developments pose for constitutionalism, new actors in the surveillance state (such as local communities and private organisations), the use of surveillance material as evidence in court, and the effectiveness of constitutional and other forms of review of surveillance powers. The book brings a strong legal focus to the debate surrounding surveillance and counter-terrorism, and draws important conclusions about the constitutional implications of the expansion of surveillance powers after 9/11.
"Blackstone's Guide to the Anti-terrorism Legislation" provides a full commentary to both the Terrorism Act 2000 (UK) and the Anti-terrorism, Crime and Security Act 2001 (UK) and considers the political motivation and background to their enactment. The practical implementation of the legislation is also examined, not least with reference to the Human Rights Act 1998.
This book examines the language of the war on terrorism and is essential reading for anyone wanting to understand how the Bush administration's approach to counter-terrorism became the dominant policy paradigm in American politics today.