Details
- Provides in a single volume the core documents in international law relating to terrorism and counter-terrorism, together with analytical commentary
- Includes a selection of international and regional instruments, including the 16 UN counter-terrorism Conventions and Protocols, relevant UN Security Council resolutions, regional initiatives, and relevant case law from a broad sweep of jurisdictions
- Detailed, practical narrative covering issues likely to arise both during pre-trial and in the course of the trial including confessions, covertly obtained evidence, reverse burden and detention
Counter-Terrorism Law and Practice provides in a single volume the core documents in international law relating to terrorism, together with analytical commentary. The detailed narrative provides the reader with an understanding of issues likely to arise in practice, for example competing jurisdiction; the impact of human rights law and practice; extradition; handling of MLA requests; and countering the financing of terrorism. The book also includes the key international and regional counter-terrorism instruments and coverage on the approach of other jurisdictions, particularly important when dealing with issues of international co-operation. The materials cover relevant case law from a range of jurisdictions as well as key documents from international organisations such as FATF.
Readership: Solicitors and barristers involved in terrorism cases (subsets of criminal law and human rights law); government and policy advisers; senior law enforcers; academics and university libraries both in the UK and internationally.
1: Introduction
Introduction
What is Terrorism?
International Legal Responses to Terrorism
Overview of This Book
2: The United Nations Counter-Terrorism Instruments
Introduction: Development of a Global Legal Regime against Terrorism
Overview of the UN Counter-Terrorism Instruments
Relevant Extracts from the UN
3: Criminalization and Jurisdiction
Criminalization
Criminalization of Terrorism Offence in National Laws
United Nations Security Resolution 1373
Principal Terrorist Offences in the UK Reflecting Domestic Implementation of the UN Counter-Terrorism Instruments
Jurisdiction
4: Investigations and Prosecutions
Reactive Investigations
Stop and Search
Arrest
Detention
Admissions & Confessions
Bomb/Explosion Scene Management
Proactive Investigations
Covert Methodologies
Membership of a Proscribed Organization
5: Pre-Trial and Trial Issues
Burden of Proof
Case Management
Disclosure
The Media and Adverse Comment
Hearings in Camera
The Accused's Right of Silence and Access to Legal Advice
6: General Overview of International Efforts to Combat the Financing of Terrorism
Introduction
International Efforts to Combat the Financing of Terrorism
Key Extracts of Relevant UN Security Council Resolutions
The Financial Action Task Force
Other International Initiatives
7: Alternative Remittance Systems
Introduction
What is an Alternative Remittance System?
FATF Recommendations for Alternative Remittance Systems
Abu Dhabi Conferences
Other Payment Methods
Conclusion
8: Human Rights in the Context of Counter-Terrorism
International Human Rights Law & International Humanitarian Law
The Sources of IHRL
Extra-Territorial Reach of Human Rights Instruments
The Nature of the Rights Engaged
The Rights Likely to be Engaged During the Course of an Investigation
Privacy, Confidentiality and Personal Information Issues
9: International Cooperation
Introduction
Mutual Legal Assistance: General Principles
Mutual Legal Assistance or Mutual Assistance?
Extradition
APPENDICES
Appendix 1: UNSCR 1267, 1456, 1540, 1566, 1617, 1624, 1735
Appendix 2: UNSCR 1373
Appendix 3: Tokyo Convention
Appendix 4: Hague Convention
Appendix 5: Montreal Convention and Protocol
Appendix 6: Diplomats Convention
Appendix 7: Hostages Convention
Appendix 8: Nuclear Materials Convention
Appendix 9: Rome Convention and Protocols
Appendix 10: Plastic Explosives Convention
Appendix 11: Bombings Convention
Appendix 12: International Convention for the Suppression of the Financing of Terrorism
Appendix 13: International Convention for the Suppression of Acts of Nuclear Terrorism
Appendix 14: The United Nations Global Counter-Terrorism Strategy
Appendix 15: European Convention on the Suppression of Terrorism
Appendix 16: American States Convention No. 24381
Appendix 17: OAU Convention on the Prevention and Combating of Terrorism
Appendix 18: The Arab Convention for the Suppression of Terrorism
Appendix 19: Financial Action Task Force on Money Laundering Special Recommendations on Terrorist Financing
Appendix 20: Commonwealth Secretariat Model Legislative Provisions on Measures to Combat Terrorism
Appendix 21: Criminal Evidence (Witness Anonymity) Act 2008
Appendix 22: Police & Criminal Evidence Act 1984 (PACE), Code H
Appendix 23: Ratification Status and Depository Information on the UN Counter-Terrorism Legal Instruments
Appendix 24: UNSC Resolution 1822
Appendix 25: The USA PATRIOT Act
Arvinder Sambei, Director, Amicus Legal Consultants Ltd, Anton du Plessis, Head of the International Crime in Africa Programme, Institute for Security Studies, and Martin Polaine, Director, Amicus Legal Consultants Ltd
"an excellent, accessible guide to a difficult, increasingly broad, complex and important area." - Sharon Hanson, The Howard Journal
