Table Of ContentMarianne Wade
Almir Maljević
Editors
A War
on Terror?
The European Stance on a
New Threat, Changing Laws and
Human Rights Implications
123
A War on Terror?
Marianne Wade • Almir Maljević
Editors
A War on Terror?
The European Stance on a New Threat,
Changing Laws and Human Rights
Implications
Editors
Marianne Wade Almir Maljević
Max Planck Institute for Foreign University of Sarajevo
and International Criminal Law Sarajevo
Freiburg, Germany Bosnia-Herzegovina
[email protected] [email protected]
ISBN 978-0-387-89290-0 e-ISBN 978-0-387-89291-7
DOI 10.1007/978-0-387-89291-7
Springer New York Dordrecht Heidelberg London
Library of Congress Control Number: 2009930643
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For all those who suffer because of terrorism
including those who face the terror of anti-
terrorist measures
For H.W.R. in memoria
And for Noodle: may all those who face dark
nights be blessed with such a bright light
Contents
Introduction .................................................................................................... 1
Marianne Wade and Almir Maljević
Part I A New Threat
1 International Terrorism – German Police Perspective:
The Current Threat Environment and Counterstrategies
from the German Police Perspective ...................................................... 11
Jürgen Stock and Annette L. Herz
2 Terrorism and the Internet: New Threats Posed
by Cyberterrorism and Terrorist Use of the Internet ........................... 51
Phillip W. Brunst
Part II The International Front
3 The Role of the United Nations in the Prevention
and Repression of International Terrorism ........................................... 81
Paul J. Rabbat
4 The European Union as an Actor in the Fight Against Terrorism ...... 107
Thomas Wahl
5 Instruments of International Law: Against Terrorist
Use of the Internet .................................................................................... 171
Ulrich Sieber
6 Victims of Terrorism Policies: Should Victims
of Terrorism Be Treated Differently? ..................................................... 221
Hans-Jörg Albrecht and Michael Kilchling
vii
viii Contents
Part III The Law Between War and Crime
7 Anti-terrorism Related Criminal Law Reforms
and Human Rights in Slovenia ............................................................. 245
Damjan Korošec and Sabina Zgaga
8 Extraordinary Renditions – Shadow Proceedings,
Human Rights, and “the Algerian six”:
The War on Terror in Bosnia and Herzegovina .................................. 261
Almir Maljević
9 Terrorist Attacks: Criminal Prosecution
or National Defence? .............................................................................. 277
Wolfgang Hetzer
10 The Evolution of the Antiterror Legal
and Institutional Framework in Croatia ............................................. 305
Davor Derenčinović
11 Muslims Communities and Counterterrorism:
The Dynamics of Exclusion and Possibilities of Inclusion ................. 321
Tufyal Choudhury
Part IV Disappearing Rights
12 Control Orders: Borders to the Freedom
of Movement or Moving the Borders of Freedom?............................. 349
Susanne Forster
13 Telephone-Tap Evidence and Administrative
Detention in the UK ............................................................................... 373
John R. Spencer
14 Fighting Terrorism – the Unprincipled Approach:
the UK, the War on Terror and Criminal Law ................................... 401
Marianne Wade
15 Balancing Liberty and Security? A Legal Analysis
of UK Anti-Terrorist Legislation .......................................................... 429
Tony Smith
16 Limiting Fundamental Rights
in the Fight Against Terrorism in Spain .............................................. 443
Víctor Moreno Catena and Mariangeles Catalina Benavente
Contents ix
17 The Fight Against Terrorism and Human Rights:
The French Perspective ......................................................................... 467
Olivier Cahn
18 The Secret Service’s Influence on Criminal Proceedings ................... 505
Marc Engelhart
Index ............................................................................................................... 549
Contributors
Hans-Jörg Albrecht is currently Director at the Max Planck Institute for Foreign
and International Criminal Law in Freiburg, Germany and teaches criminal law,
criminal justice and criminology at the University of Freiburg. Furthermore, he is a
guest professor at the Center for Criminal Law and Criminal Justice at the China
University of Political Science and Law, Beijing, Law Faculty of Hainan University,
Law Faculty of Renmin University of China, Beijing, Law Faculty of Wuhan
University and Law Faculty of Beijing Normal University. He has life membership
at the Clare Hall College at Cambridge University, and professorship and perma-
nent faculty membership at the Faculty of Law of Qom High Education Center in
Teheran, Iran. His research interests include sentencing theory, juvenile crime, drug
policies, environmental crime and organized crime, evaluation research and sys-
tems of criminal sanctions.
Dr. Phillip W. Brunst is a Senior Researcher at the Max Planck Institute for
Foreign and International Criminal Law in Freiburg, Germany where he heads the
information law and legal informatics section. In recent research projects, Phillip
has analysed the balancing act of the right to anonymity in the Internet and its
effects on effective prosecution, the dangers of cyberterrorism and various forms of
transborder cyber crime as well as international instruments against them.
Olivier Cahn is a Lecturer in the School of Law at the University of Cergy-Pontoise
and a Fellow of Canterbury Christ Church University (UK) and the University Robert
Schuman, Strasbourg. He is also a Researcher at the Centre de Droit Pénal of the
University of Cergy-Pontoise as well as an Associate Researcher at the Centre de
Recherches et d’Etudes sur les Droits Fondamentaux at the University of Paris Ouest -
Nanterre La Défense. His research interests include the treatment of juveniles, judi-
cial co-operation in the EU and British anti-terrorism law.
Mariangeles Catalina Benavente is an Assistant in the Procedural Law Department
and member of the Alonso Martinez University Institute for Justice and Litigatio at
the Carlos III University in Madrid. Her current research is focused on the restric-
tion of fundamental rights in the fight against terrorism.
xi
xii Contributors
Tufyal Choudhury is a Lecturer in the Law School of Durham University in
England and a Research Associate at the Oxford University Centre on Migration
Policy and Society. He is also a senior policy advisor to the Open Society Institute’s
Muslims in EU Cities Project and was commissioned by the UK government for a
report on Muslim Identity Politics and Radicalisation.
Davor Derenčinović is an Associate Professor of Criminal Law in the Faculty of
Law at the University of Zagreb. He is a former Fulbright post-doctoral researcher
and lecturer at the International Human Rights Law Institute at DePaul University
in Chicago, IL. Currently, he is the Secretary General of the Croatian Academy of
Legal Sciences, a member of the Parliamentary Committee for Legislation (Croatian
Parliament), and Head of the National Delegation in European Committee for Legal
Co-operation (Council of Europe – CDCJ). He is the author of ten books and more
than 50 articles on various topics of substantive criminal law and international
criminal law.
Marc Engelhart is a Researcher at the Max Planck Institute for Foreign and
International Criminal Law in Freiburg, Germany where he is also working on his
doctoral thesis. He obtained his law degree from the University of Freiburg in 2003
after studying in Freiburg and Edinburgh. In 2005, he passed his second state
examination in law after working inter alia for the Federal Ministry of Justice in
Berlin. His research interests are in the areas of criminal procedure law, interna-
tional and economic criminal law.
Susanne Forster is the Head of Section for the United Kingdom and the Republic of
Ireland at the Max Planck Institute for Foreign and International Criminal Law in
Freiburg, Germany. Since she joined the Institute in 2005, she has contributed to several
projects on comparative criminal law. Furthermore, she is pursuing doctoral research on
the UK’s anti-terrorism legislation and its impact on human rights. She is a German-
qualified lawyer and received her LL.M. from the University of Edinburgh.
Annette L. Herz studied law at the University of Heidelberg in Germany and the
University of Bordeaux in France. In 2001, she received a Master of Law Degree
(LL.M.) from the University of Edinburgh in Scotland. From 2002 to 2005, she was
a research assistant at the Max Planck Institute for Foreign and International
Criminal Law in Freiburg, Germany. Since 2005, she has been the Assistant to the
Managing Board of the Bundeskriminalamt in Wiesbaden, Germany. Her research
projects and publications are on the subjects of trafficking in human beings, criminal
investigation methods as well as criminal policy.
Wolfgang Hetzer was the Head of Unit at the Federal Chancellor’s Office between
2000 and 2002. Since 2002, he has been the Head of Unit of the Intelligence:
Strategic Assessment & Analysis in the European Anti-Fraud Office (OLAF). He
is the author of numerous publications on organised crime, money laundering,
economic law, police law, secret services and European criminal law.
