Counter-Terrorism Law and Practice provides in a single volume the core documents in international law relating to terrorism along 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…mehr
Counter-Terrorism Law and Practice provides in a single volume the core documents in international law relating to terrorism along 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 organizations such as FATF. This text provides in a single volume the core documents in international law relating to terrorism and
Martin Polaine is a Director at Amicus Legal Consultants Ltd. He was previously a Consultant to the Criminal Law Section of the Commonwealth Secretariat, providing legal advice, technical assistance and training on international criminal law, including all aspects of counter-terrorism law. He is a co-author of Corruption and the Misuse of Public Office (OUP, 2006, £145). Arvinder Sambei is a Director at Amicus Legal Consultants Ltd. She was previously the head of the Criminal Law Section of the Commonwealth Secretariat. Her other previous positions include Legal Adviser at the Permanent Joint Headquarters (MoD), and the CPS. She is the co-author of the Extradition Law Handbook (OUP, 2005, £145). Anton du Plessis is the Head of the International Crime in Africa Programme at the Institute for Security Studies (ISS) in South Africa. He was previously a terrorism prevention expert at the Terrorism Prevention Branch of the UN Office on Drugs and Crime in Vienna. In these positions, he has provided technical assistance and training on counter-terrorism and international criminal law to officials in a number of countries. He is also an advocate of the High Court of South Africa and has published a number of journal articles and chapters on international crime and terrorism.
Inhaltsangabe
* 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 and 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 and 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 and 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
* 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 and 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 and 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 and 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
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