Download or read book Apologie du terrorisme and Incitement to terrorism English Edition only written by and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fight against terrorism must never lead to a curtailing of the values and freedoms terrorists intend to destroy: the rule of law and freedom of thought and expression must never be sacrificed in this struggle. However, not everything can be justified in the name of such freedom. Contrary to politically- or ideologically-motivated statements, the approval of and incitement to behaviour criminalised by law are not necessarily protected by the freedom of expression.This report analyses the situation in member and observer States of the Council of Europe and their different legal approaches to the phenomenon of the public expression of praise, justification and other forms of support for terrorism and terrorists, referred to in this publication as "Apologie du terrorisme" and "incitement to terrorism".
Download or read book Apologie Du Terrorisme and incitement to Terrorism written by Council of Europe and published by Council of Europe. This book was released on 2004-01-01 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains guidance on the different legal approaches adopted by the Council of Europe's member states in relation to the phenomenon of the public expression of praise, justification and other forms of support for terrorism and terrorists, referred to as "apologie du terrorisme" or "incitement to terrorism".
Download or read book The Protection of Witnesses and Collaborators of Justice written by Council of Europe. Committee of Ministers and published by Council of Europe. This book was released on 2005-01-01 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to combat terrorism, states often rely on the testimony of people who are closely connected to terrorist groups and who are more vulnerable than others to the use of intimidation against them or against people close to them. This may endanger the success of prosecutions often based on long and complicated investigations. Strengthening international co-operation in this field is also a useful means to ensure the protection of those persons whose protection would prove difficult on a merely national basis, given the conditions in the country where they are located. The Council of Europe has extensive experience in this area, based on existing European conventions and other standards. On that basis, and having drawn up a survey of national laws and practice in member and observer states, the Council of Europe has drawn up a new standard, Recommendation Rec(2005)9 of the Committee of Ministers to member states on the protection of witnesses and collaborators of justice, which is the subject of this publication.
Download or read book Identity and Travel Documents and the Fight Against Terrorism written by Council of Europe. Committee of Ministers and published by Council of Europe. This book was released on 2005-01-01 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the vast majority of persons applying for and using identity and travel documents do so for lawful purposes, they are also used by terrorists, for whom they constitute an important tool. Genuine identity documents in particular, obtained through lawful procedures, are vital to terrorists' operational success. Recommendation Rec(2005)7 of the Committee of Ministers to member states concerning identity and travel documents and the fight against terrorism therefore aims to ensure the proper, rapid and reliable identification of individuals, in particular as regards the issuing of such documents. It calls on member states to take measures to strengthen the security of identity and travel documents and indicates the appropriate course of action to take when such documents are lost stolen. The recommendation also contains provisions dealing with proof of identity as well as registration of birth and issuance of births certificates, which are necessary to obtain identity and travel documents. Finally, the recommendation contains provisions dealing with international co-operation calling for the exchange of information with other member states and with international law enforcement bodies, in particular regarding lost or stolen identity and travel documents, whether issued or blank.
Download or read book Special Investigation Techniques in Relation to Serious Crimes Including Acts of Terrorism written by Council of Europe. Committee of Ministers and published by Council of Europe. This book was released on 2005-01-01 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to combat terrorism and serious crime, law enforcement authorities have had to adapt their investigative means and develop special investigation techniques. These techniques are used to systematically gather information in such a way that they do not alert those being investigated. Since there is a risk that they may infringe individual rights, special investigation techniques must be subject to control. This has been advocated by the European Court of Human Rights which "has already recognised the need, inherent in the Convention system, for a proper balance between the defence of the institutions of democracy in the common interest and the protection of individual rights". This publication contains Recommendation Rec(2005)10 of the Committee of Ministers to member states on "special investigation techniques" in relation to serious crimes including acts of terrorism. It aims at promoting the effective use of special investigation techniques by judicial and prosecuting authorities in the framework of their criminal investigations in relation to serious crimes, including acts of terrorism, whilst ensuring strict respect for the rights and freedoms of the individual.
Download or read book The Professional Identity of the Human Rights Field Officer written by George Ulrich and published by Routledge. This book was released on 2016-02-24 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: The important and groundbreaking volume, The Professional Identity of the Human Rights Field Officer, completes the study of human rights field work begun in the earlier The Human Rights Field Operation: Law Theory and Practice (2007: Ashgate). Building on the critique of the field’s historical development and current situation featured in the earlier volume, O’Flaherty, Ulrich and their fellow contributors focus on the specific responsibilities of the individual human rights officer, and concentrate on vital issues of professionalism beyond the confines of any specific organization. Their expansion of the analysis in the case studies section of the first volume has resulted in an up to date global edition of significant academic interest to anyone within the field of human rights law.
Download or read book Sedition and the Advocacy of Violence written by Sarah Sorial and published by Routledge. This book was released on 2013-03-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book employs the theoretical framework of ‘speech act theory’ to analyse current legislative frameworks and cases pertaining to sedition or the advocacy of violence and the issue of freedom of speech. An analysis of the relation between speech and action offers a promising way of clarifying confusion over the contested status of speech, which advocates violence as a political strategy. This account reflects an understanding of philosophical issues about both the nature of freedom and speech and how these issues can be applied to concrete legal problems. This approach will shed new light on the problems of the sedition laws and how they might be remedied by providing a conceptual account of the nature of speech and its relation to action. On the basis of J.L Austin’s account of verdictive and exercitive speech acts, it is argued that while all speech acts are ‘conduct’ in a narrow sense, not all of them have the power to produce effects. This philosophical account will have legal consequences for how we classify speech acts deemed to be dangerous, or to cause harm. It also suggests that because speech can evoke or constitute action or conduct in certain circumstances, modern versions of sedition laws might in principle be defensible, but not in their current form. On the basis of this account, it is argued that the harms caused or constituted by speech can be located in the authority of the speaker. Sedition and Violence Against the State: Free Speech and Counter-Terrorism will be of interest to students and scholars of philosophy of law and legal theory.
Download or read book Freedom of Speech written by Uladzislau Belavusau and published by Routledge. This book was released on 2013-10-08 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the issue of free speech in transitional democracies focusing on the socio-legal developments in the Czech Republic, Hungary, and Poland. In showing how these Central and Eastern European countries have engaged with free speech models imported from the Council of Europe / EU and the USA, the book offers valuable insights into the ways States have responded to challenges associated with transformation from communism to Western democracy. The book first explores freedom of expression in European and American law looking particularly at hate speech, historical revisionism, and pornography. It subsequently enquires into the role and perspectives of those European (mandatory) and US-American (persuasive) models for the constitutional debate in Central and Eastern Europe. The study offers an original interpretation of the "European" model of freedom of expression, beyond the mechanisms of the Council of Europe. It encompasses the relevant aspects of EU law (judgments of the Court of Justice and the harmonised EU instruments) as mandatory standards for courts and legislators, including those in transitional countries of Central and Eastern Europe. The book argues for de-criminalisation of historical revisionism and pornography, and illuminates topics such as genocide denial, the rise of Prague and Budapest as Europe’s porno-capitals, anti-Semitism and anti-Gypsyism, religious obscurantism and homophobia, virulent Islamophobia, and the glorification of terrorism. The research methodology in this study combines a descriptive case law assessment (comparative constitutional, public international, and EU law) with a normative critique stemming from post-structuralist scrutiny, rhetoric, postmodern legal movements, legal history, history of ideas, and art criticism. This book will be of interest to students and scholars of, comparative constitutional law, law and society, human rights and European law as well as political philosophers.
Download or read book Civil Society and the War on Terror written by Kasturi Sen and published by Intrac. This book was released on 2008 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aggravated poverty and insecurity, the loss of livelihoods, the breakdown of trust and hope - these are some of the consequences of the war on terror. These points were reiterated in a series of workshops organised by INTRAC in 2006-07, and run by southern and northern civil society groups in five regions of the world. More than 200 participants from some 40 countries were involved. While international terrorism remains a threat for countries across the world, for low-income urban populations it is the acts of everyday violence - including exposure to hunger, poor sanitation, illness, disease, crime and civil conflict - which explain why the overriding concern remains the persistence of poverty. The manifold ways in which counter-terrorism measures have undermined ordinary peoples' livelihoods were the main subject of debates at workshops as far apart as Bishkek and Beirut. This book draws together the discussion and debates from all of the workshops. It highlights the drastic pressures being placed upon civil society, primarily in the name of northern security concerns. A veritable industry has been created and is being used mainly to oppress and silence dissent. This does not augur well for either democracy or development.
Download or read book Contemporary Challenges to Criminal Justice written by Paul Behrens and published by Bloomsbury Publishing. This book was released on 2023-12-28 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides a critical examination of seminal issues within the main areas of criminal justice: its theoretical framework, domestic and comparative criminal justice, transnational and international criminal law. Exploring some of the most interesting challenges arising in these fields, it examines the impact of 'public morality' on sentencing policy, murder and the mandatory life sentence, genocide and the notion of magnitude and incitement to terrorism. Taking an approach that is fully integrated in contemporary criminal justice scholarship, it offers a diverse and expert perspective. With a comprehensive introduction and conclusion drawing the various strands together, it offers a rigorous, coherent overview of the key issues in play in contemporary international criminal justice. This diversity and expertise ensures its appeal to a large audience of students, scholars and practitioners of criminal justice around the world.
Download or read book Incitement to Terrorism written by Anne F. Bayefsky and published by BRILL. This book was released on 2018-03-12 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: Incitement to terrorism connects the dots between evil words and evil deeds. Hate precedes terror. History has already taught us that incitement to genocide and to crimes against humanity unchecked will inevitably bring devastation to humankind. Incitement is an affront to the dignity of its victims, and poses a dire threat to all people of good will. However, combating incitement to terrorism poses operational, constitutional and human rights challenges on many fronts, both domestically and internationally. What is incitement? Where should the line be drawn between protected speech and incitement that should be criminalized? Does war change the calculus of what are appropriate and lawful measures to contain and respond to such incitement? And, how does social media and the nature of communication and engagement in our virtual world change or complicate how we think about, and can respond to, incitement? This compilation offers expert analysis on incitement to terrorism across these challenging issues and questions. The contributors bring expertise from a range of countries and operational experiences, providing an illuminating and thought-provoking examination of domestic and international law, comparative approaches, and emerging trends with respect to incitement to terrorism.
Download or read book The Criminalization of Incitement to Terrorism from an International Perspective written by Ye Tao and published by Springer Nature. This book was released on 2023-07-25 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Virtual Freedoms Terrorism and the Law written by Giovanna De Minico and published by Routledge. This book was released on 2021-02-15 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the risks to freedom of expression, particularly in relation to the internet, as a result of regulation introduced in response to terrorist threats. The work explores the challenges of maintaining security in the fight against traditional terrorism while protecting fundamental freedoms, particularly online freedom of expression. The topics discussed include the clash between freedom of speech and national security; the multijurisdictional nature of the internet and the implications for national sovereignty and transnational legal structures; how to determine legitimate and illegitimate association online; and the implications for privacy and data protection. The book presents a theoretical analysis combined with empirical research to demonstrate the difficulty of combatting internet use by terror organizations or individuals and the range of remedies that might be drawn from national and international law. The work will be essential reading for students, researchers and policy makers in the areas of Constitutional law; Criminal Law, European and International law, Information and Technology law and Security Studies.
Download or read book Counter terrorism Policy and Human Rights written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2005-12-05 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Counter-terrorism policy and human Rights : Terrorism Bill and related matters, third report of session 2005-06, Vol. 2: Oral and written Evidence
Download or read book European and International Media Law written by Perry Keller and published by Oxford University Press, USA. This book was released on 2011-05-12 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: European and International Media Law considers the rapidly changing relationship between the media and the liberal democratic state. It explores key contemporary media issues and captures the extraordinary impact of the liberal media model on European and international law as well as exploring its profound weaknesses.
Download or read book The University of New South Wales Law Journal written by and published by . This book was released on 2003 with total page 984 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The George Washington International Law Review written by and published by . This book was released on 2006 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt:
