Counter-Terrorism Law and Practice An International Handbook

by Polaine, Martin; Sambei, Arvinder; du Plessis, Anton

• ISBN13: 9780199553808
• ISBN10: 0199553807
• Format: Hardcover
• Copyright: 2009-05-17
• Publisher: Oxford University Press

Summary

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

Author Biography

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, L145). 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, L145). 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.

Table of Contents

Introduction

Introduction

What is Terrorism?

International Legal Responses to Terrorism

Overview of This Book

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 United Nations Counter-Terrorism Instruments

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

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

Counter-terrorism investigations: Proactive and Reactive

Burden of ProofCase Management

Disclosure

The Media and Adverse Comment

Hearings in Camera

The Accused's Right of Silence, and Access to Legal Advice

Financing of terrorism (including financial investigations)

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

Financing of terrorism - Alternative Remittance Systems

Introduction

What is an alternative remittance system?

FATF Recommendations for Alternative Remittance Systems

Abu Dhabi Conferences

Other Payment Methods

Conclusion

Pre-trial and trial issues

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

Human Rights within the context of counter-terrorism

Introduction

Mutual Legal Assistance: General Principles

Mutual legal assistance or mutual assistance?

Extradition

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