First report on the operation of the Terrorist Asset-Freezing etc. Act 2010
First report on the operation of the Terrorist Asset-Freezing etc. Act 2010

Author: David Anderson

Publisher: The Stationery Office

Published: 2011-12-15

Total Pages: 104

ISBN-13: 9780108511264

DOWNLOAD EBOOK

The Act under review gives the Treasury power to freeze the assets of individuals and groups thought to be involved in terrorism, whether in the UK or abroad, and to deprive them of access to financial resources. It implements UN Security Council Resolution 1373 and is one of a number of measures at the Government's disposal for preventing the financing of terrorism. At the end of the review period in September 2011: 30 individuals and 8 groups were designated by the Treasury under the Act. This is much reduced from the figure in previous years, owing largely to the removal of duplicate designations. Each of the designated groups had been listed since 2001, as had some of the designated individuals. No individual or group was designated during the review period. No individual or group associated with Northern Ireland was designated, despite continuing terrorist activity there. The prohibitions in the Act applied also to 22 individuals and 25 groups listed by the EU under Regulation 2580/2001. The total quantity of assets frozen, taking the Treasury and EU lists together, was some £100,000. Many of those designated had few if any assets in the United Kingdom. These and other facts make TAFA 2010 is an ancillary rather than a central part of the fight against terrorism. A number of conclusions and recommendations are set out in sections 10 and 11

Beyond Human Rights and the War on Terror
Beyond Human Rights and the War on Terror

Author: Satvinder S. Juss

Publisher: Routledge

Published: 2018-10-26

Total Pages: 290

ISBN-13: 1351006045

DOWNLOAD EBOOK

This edited collection provides a comprehensive, insightful, and detailed study of a vital area of public policy debate as it is currently occurring in countries across the world from India to South Africa and the United Kingdom to Australia. Bringing together academics and experts from a variety of jurisdictions, it reflects upon the impact on human rights of the application of more than a decade of the "War on Terror" as enunciated soon after 9/11. The volume identifies and critically examines the principal and enduring resonances of the concept of the "War on Terror". The examination covers not only the obvious impacts but also the more insidious and enduring changes within domestic laws. The rationale for this collection is therefore not just to plot how the "War on Terror" has operated within the folds of the cloak of liberal democracy, but how they render that cloak ragged, especially in the sight of those sections of society who pay the heaviest price in terms of their human rights. This book engages with the public policy strand of the last decade that has arguably most shaped perceptions of human rights and engendered debates about their worth and meaning. It will be of interest to researchers, academics, practitioners, and students in the fields of human rights law, criminal justice, criminology, politics, and international studies.

The Financial War on Terrorism
The Financial War on Terrorism

Author: Nicholas Ryder

Publisher: Routledge

Published: 2015-06-05

Total Pages: 194

ISBN-13: 1134447043

DOWNLOAD EBOOK

On September 11, 2001, 19 terrorists committed the largest and deadliest terrorist attack in the United States of America. The response from the inter-national community, and in particular the US, was swift. President George Bush declared what has commonly been referred to as either the ‘War on Terror’ or the ‘Global War on Terror’ on September 20, 2001. Four days later, he instigated the ‘Financial War on Terrorism’. This book defines and identifies the so-called ‘Financial War on Terrorism’. It provides a critical review of the impact of counter-terrorist financing strategies enacted by both individual jurisdictions and international organisations. Taking a comparative approach, the book highlights the levels of compliance in each selected jurisdiction and organisation with the requirements of the ‘Financial War on Terrorism’. The book analyses measures introduced by the United Nations, including the UN sanctions against terrorists and the operation of its anti-terrorist sanctions committees, and the Recommendations of the Financial Action Task Force. It also reviews the counter-terrorist financing measures of the European Union and the Council of Europe, paying particular attention to the Framework Decisions on Combating Terrorism, the Council Common Positions on Combating Terrorism and the EU Anti-Terrorism Sanctions Regime. The book goes on to review the measures put in place in the US following September 11, 2001. Offering a much-needed legal analysis of the measures enacted under the ‘Financial War on Terrorism’, this book is a valuable resource for those researching in law, terrorism studies, criminal justice, and finance.

Developments in Counter-Terrorist Measures and Uses of Technology
Developments in Counter-Terrorist Measures and Uses of Technology

Author: Helen Fenwick

Publisher: Routledge

Published: 2013-09-13

Total Pages: 112

ISBN-13: 1135703760

DOWNLOAD EBOOK

This book considers some of the most notable aspects of the legal response to the "war on terror" post- 9/11 and the use of technology to support them. It examines the shift from a criminal justice response to the creation of a parallel preventive system running in tandem with it. This system has tended to veer away from the commission of criminal offences or adherence to ordinary criminal justice safeguards. Such a preventive strategy relies on targeting terrorist suspects – those who it is thought may in future commit terrorist acts – and curbing their actions with the aim of preventing terrorist activity before it occurs. The book further considers the role that surveillance plays in the counter-terrorist efforts of state or non-state actors. It also evaluates the counter-productive effects that many of these measures have had. This book was originally published as a special issue of International Review of Law Computers & Technology.

Comparative Counter-Terrorism Law
Comparative Counter-Terrorism Law

Author: Kent Roach

Publisher: Cambridge University Press

Published: 2015-07-23

Total Pages: 839

ISBN-13: 1107057078

DOWNLOAD EBOOK

This book provides a systematic overview of counter-terrorism laws in twenty-two jurisdictions representing the Americas, Asia, Africa, Europe, and Australia.

Counter-Terrorism Networks in the European Union
Counter-Terrorism Networks in the European Union

Author: Claudia Hillebrand

Publisher: OUP Oxford

Published: 2012-10-03

Total Pages: 414

ISBN-13: 0191630608

DOWNLOAD EBOOK

Counter-Terrorism Networks in the European Union: Maintaining Democratic Legitimacy after 9/11 presents a model of democratic legitimacy for within international counter-terrorism co-operation. Exploring the current practices of European Union (EU) counter-terrorism policing, developed after 9/11, it highlights the current significant challenges to democratic legitimacy and seeks to present tools and solutions which ensure 'democratic' counter-terrorism actions and the protection of human rights. Counter-terrorism policing is now a global concern, with co-operation between security authorities of different countries a crucial feature in the fight to prevent terrorism and extremism. Yet, given the emphasis on pre-emption, this type of policing tends to interfere to a far greater extent with the rights of the individual than traditional policing. This book scrutinises the current focus of enhanced communication between counter-terrorist associates at member-state and EU levels within Europe, alongside analysis of just how far the traditional, protective mechanisms of accountability and oversight are managing to keep up with this development. It proposes that current forms of counter-terrorism policing within the EU should be understood as networks - sets of expert institutional nodes or individual agents, from at least two countries - that are interconnected in order to authorize and provide security with regard to counter-terrorism, using the European Police Office (Europol) as a key example.

Constitutionalism Across Borders in the Struggle Against Terrorism
Constitutionalism Across Borders in the Struggle Against Terrorism

Author: Federico Fabbrini

Publisher: Edward Elgar Publishing

Published: 2016-04-29

Total Pages: 369

ISBN-13: 1784715395

DOWNLOAD EBOOK

This edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. Various chapters underline how constitution-like norms consolidate at the level of international and supranational organizations as a limit to the exercise of public power in the field of counter-terrorism policy, especially counter-terrorism financing. Other chapters examine the extraterritorial application of constitutional rights and the migration of constitutional norms – or anti-constitutional practices – from one state to another. Still others consider how transnational cooperation between states in areas such as intelligence gathering and data sharing may call for updating domestic constitutional law rules or for new international law compacts entrenching rights across borders. What emerges is a picture of the complex interplay of constitutional law, international law, criminal law and the law of war, creating webs of norms and regulations that apply in the struggle against terrorism conducted across increasingly porous borders. The book will be of particular interest to academics and graduate or postgraduate students working in the fields of constitutional law, international law, human rights, comparative law and national security law. It may also be of interest to practitioners concerned with national security, counter-terrorism, and related questions of individual rights.

Special Advocates in the Adversarial System
Special Advocates in the Adversarial System

Author: John Jackson

Publisher: Routledge

Published: 2019-07-24

Total Pages: 227

ISBN-13: 1315278758

DOWNLOAD EBOOK

The last twenty years have seen an unprecedented rise in the use of secret courts or ‘closed material proceedings’ largely brought about in response to the need to protect intelligence sources in the fight against terrorism. This has called into question the commitment of legal systems to long-cherished principles of adversarial justice and due process. Foremost among the measures designed to minimise the prejudice caused to parties who have been excluded from such proceedings has been the use of ‘special advocates’ who are given access to sensitive national security material and can make representations to the court on behalf of excluded parties. Special advocates are now deployed across a range of administrative, civil and criminal proceedings in many common law jurisdictions including the UK, Canada, New Zealand, Hong Kong and Australia. This book analyses the professional services special advocates offer across a range of different types of closed proceedings. Drawing on extensive interviews with special advocates and with lawyers and judges who have worked with them, the book examines the manner in which special advocates are appointed and supported, how their position differs from that of ordinary counsel within the adversarial system, and the challenges they face in the work that they do. Comparisons are made between different special advocate systems and with other models of security-cleared counsel, including that used in the United States, to consider what changes might be made to strengthen their adversarial role in closed proceedings. In making an assessment of the future of special advocacy, the book argues that there is a need to reconceptualise the unique role that special advocates play in the administration of justice.

Dirty Assets
Dirty Assets

Author: Colin King

Publisher: Routledge

Published: 2016-05-23

Total Pages: 480

ISBN-13: 1317150457

DOWNLOAD EBOOK

Adopting a multi-disciplinary and comparative approach, this book focuses on the emerging and innovative aspects of attempts to target the accumulated assets of those engaged in criminal and terrorist activity, organized crime and corruption. It examines the ’follow-the-money’ approach and explores the nature of criminal, civil and regulatory responses used to attack the financial assets of those engaged in financial crime in order to deter and disrupt future criminal activity as well as terrorism networks. With contributions from leading international academics and practitioners in the fields of law, economics, financial management, criminology, sociology and political science, the book explores law and practice in countries with significant problems and experiences, revealing new insights into these dilemmas. It also discusses the impact of the ’follow-the-money’ approach on human rights while also assessing effectiveness. The book will appeal to academics and researchers of financial crime, organized crime and terrorism as well as practitioners in the police, prosecution, financial and taxation agencies, policy-makers and lawyers.

Control orders in 2011
Control orders in 2011

Author: David Anderson

Publisher: The Stationery Office

Published: 2012-03-27

Total Pages: 136

ISBN-13: 9780108511417

DOWNLOAD EBOOK

Control orders were preventative measures, intended to protect members of the public from the risk of terrorism by imposing restraints on those suspected of involvement in terrorism-related activity. They have now been replaced with Terrorism Prevention and Investigation Measures (TPIMs). Control orders were made against 52 people over the lifetime of the Prevention of Terrorism Act 2005. All were men, suspected of involvement in Islamist terrorism. The duration of the orders was between a few months to more than four-and-a-half years. At the start of the control order regime in 2005, all controlled persons were foreign nationals. By the end of 2011, all were British citizens. The publication is divided into seven chapters with ten annexes: Chapter 1: Introduction; Chapter 2: Control orders in context; Chapter 3: How the system worked; Chapter 4: Use of control orders in 2011; Chapter 5: Terrorism prevention and investigation measures; Chapter 6: Conclusions; Chapter 7: Recommendation.