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The European Convention on the Suppression of Terrorism provides that none of the offences it defines shall be regarded as political for the purposes of extradition. Following the September 11 terrorist attacks in the US, the Council of Europe revised the Convention in order to increase its effectiveness. This publication contains the consolidated text of the Convention as it will be amended by its Protocol and an explanatory report.
The European Convention on the Suppression of Terrorism provides that none of the offences it defines shall be regarded as political for the purposes of extradition. Following the September 11 terrorist attacks in the US, the Council of Europe revised the Convention in order to increase its effectiveness. This publication contains the consolidated text of the Convention as it will be amended by its Protocol and an explanatory report.
After 11 September 2001, the Council of Europe undertook to identify gaps in international law and action with a view to contributing to the efforts of the international community against terrorism. As a result, it drew up the new Convention on the Prevention of Terrorism which was opened for signature at the 3rd Summit of Heads of State and Government of the Council of Europe in May 2005. The convention aims at enhancing states' efforts to prevent terrorism and its negative effects on the full enjoyment of human rights, in particular the right to life, by measures to be taken at national level and through international co-operation. It defines three new principal offences: public provocation to commit a terrorist offence, recruitment for terrorism and training for terrorism, which are considered to be terrorist offences in so far as they are connected with the possible perpetration of the offences included in the international conventions against terrorism. Furthermore, it contains several provisions concerning the protection of human rights and fundamental freedoms, including grounds for refusal of extradition and mutual assistance and a provision on the protection of the victims of terrorism. This publication contains the text of the convention and its explanatory report, which is intended to facilitate the reader's understanding of the convention and its operation.
Certain types of crime are increasingly being perpetrated across national borders and require a unified regional or global response to combat them. Transnational criminal law covers both the international treaty obligations which require States to introduce specific substantive measures into their domestic criminal law schemes, and an allied procedural dimension concerned with the articulation of inter-state cooperation in pursuit of the alleged transnational criminal. The Routledge Handbook of Transnational Criminal Law provides a comprehensive overview of the system which is designed to regulate cross border crime. The book looks at the history and development of the system, asking questions as to the principal purpose and effectiveness of transnational criminal law as it currently stands. The book brings together experts in the field, both scholars and practitioners, in order to offer original and forward-looking analyses of the key elements of the transnational criminal law. The book is split into several parts for ease of reference: Fundamental concepts surrounding the international regulation of transnational crime. Procedures for international cooperation against alleged transnational criminals including jurisdiction, police cooperation, asset recovery and extradition. Substantive crimes covered by transnational criminal law analysing the current legal provisions for each crime. The implementation of transnational criminal law and the effectiveness of the system of transnational criminal law. With chapters from over 25 authorities in the field, this handbook will be an invaluable reference work for student and academics and for policy makers with an interest in transnational criminal law.
In a world of increasing dependence on information technology, the prevention of cyberattacks on a nation's important computer and communications systems and networks is a problem that looms large. Given the demonstrated limitations of passive cybersecurity defense measures, it is natural to consider the possibility that deterrence might play a useful role in preventing cyberattacks against the United States and its vital interests. At the request of the Office of the Director of National Intelligence, the National Research Council undertook a two-phase project aimed to foster a broad, multidisciplinary examination of strategies for deterring cyberattacks on the United States and of the possible utility of these strategies for the U.S. government. The first phase produced a letter report providing basic information needed to understand the nature of the problem and to articulate important questions that can drive research regarding ways of more effectively preventing, discouraging, and inhibiting hostile activity against important U.S. information systems and networks. The second phase of the project entailed selecting appropriate experts to write papers on questions raised in the letter report. A number of experts, identified by the committee, were commissioned to write these papers under contract with the National Academy of Sciences. Commissioned papers were discussed at a public workshop held June 10-11, 2010, in Washington, D.C., and authors revised their papers after the workshop. Although the authors were selected and the papers reviewed and discussed by the committee, the individually authored papers do not reflect consensus views of the committee, and the reader should view these papers as offering points of departure that can stimulate further work on the topics discussed. The papers presented in this volume are published essentially as received from the authors, with some proofreading corrections made as limited time allowed.
The Council of Europe has been dedicated, since 1949, to upholding human rights, the rule of law and pluralist democracy. Terrorism repudiates these three fundamental values and the Council of Europe is determined to combat it. This is the second edition of this publication which contains the texts of international legal instruments and standards, drafted by the Council, which reflect the importance it attaches to combating terrorism while upholding the basic values that are the common heritage of the European continent. The texts are organised under the following headings: European Conventions; Committee of Ministers; Parliamentary Assembly; European Minister of Justice; European Ministers responsible for Cultural Affairs; Congress of Local and Regional Authorities of Europe; and Intergovernmental Committees.
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.