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Precursor Crimes of Terrorism: The Criminalisation of Terrorism Risk in Comparative Perspective

Precursor Crimes of Terrorism: The Criminalisation of Terrorism Risk in Comparative Perspective

Author: Clive Walker; Mariona Llobet Anglí; Manuel Cancio Meli
Publisher: Edward Elgar Publishing
ISBN: 9781788976312
Published In: January 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

PART I. INTRODUCTION

1. Introduction to Precursor Crimes of Terrorism

Mariona Llobet Anglí, Manuel Cancio Meliá, and Clive Walker

2. Counter terrorism through precursor crimes

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

Aniceto Masferrer and Pedro Talavera

4. The criminalisation of terrorism risk within the European Union: a suitable choice?

Francesca Galli

5. Voluntary abandonment related to the crime of membership of a terrorist group

Mertxe Landera Luri

6. Precursor crimes in Australia’s anti-terrorism legislation

Christopher Michaelsen

PART III. PRECURSOR COMMUNICATION CRIMES IN RELATION TO TERRORISM

7. The legitimacy of offences criminalising incitement to terrorist acts: a European perspective

Anneke Petzsche

8. Twitter after Charlie Hebdo and the Paris Bataclan attacks: identifying and measuring the different types of violent speech on the internet

Fernando Miró-Llinares

9. Spanish writing on the wall? Glorification of terrorism under Spanish law

Manuel Cancio Meliá

10. Terrorism as a hate crime?

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?

Íñigo Ortiz de Urbina Gimeno

12. ‘Jihadist lone wolves’: terrorists, murderers or believers? Back to an actor-based criminal law

Mariona Llobet Anglí

13. Intelligence expert evidence against terrorism in Spain

Gonzalo Boye Tuset

14. Precursor crimes of international terrorism

Ben Saul

PART V. PROCESS, PRACTICE AND PUNISHMENT

15. Police cooperation in counter-terrorism: limits and suitable partners

Saskia Maria Hufnagel

16. The accommodation of precursor crimes within extradition

Paul Arnell

17. Criminal process and precursor crimes of terrorism

Mark Topping and Mark Carroll

18. Legal experiments in the Spanish judicial fight against jihadist terrorism

Benet Salellas i Vilar

19. The ends of state punishment and terrorism

Daniel Rodríguez Horcajo

20. The relevance of mandatory minimum penalties: an introduction with reference to precursor crimes of

terrorism in Spain

Gonzalo J. Basso

21. Penal policies and terrorist offenders in Spain: a matter of recidivism risk assessment or a matter of de-radicalisation?

Enara Garro Carrera

22. The sentencing of precursor terrorism crimes in the United Kingdom

Florence Lee and Clive Walker

Select bibliography

Index

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