Social appropriateness in EU counter-terrorism law and policy

Author(s):  
Bruno Oliveira Martins
ICL Journal ◽  
2013 ◽  
Vol 7 (3) ◽  
Author(s):  
Rebecca Welsh

AbstractThis article considers why Argentina and Brazil have resisted global trends and pressures towards the adoption and implementation of laws criminalising acts of terror. It is argued that the development of Argentine and Brazilian understandings of ‘terrorism’, resulting from the considerable experience of each nation with state and insurgent terror, has led to persistent anti-counter-terrorism-law policies. Some lessons are drawn from this discussion to educate the evolution of counter-terrorism law and policy more widely.


Author(s):  
Jessie Blackbourn ◽  
Fiona de Londras ◽  
Lydia Morgan

The United Kingdom should now be understood as a counter-terrorist state, that is a state in which counter-terrorism law, policy, discourse, and operations are mainstreamed across the domains of law and government in forms that are conceptualised and designed as ‘permanent’ in at least some cases; in which non-state actors are responsibilised for counter-terrorism; and in which all persons are the subjects of counter-terrorism, although not to equal degrees. This book argues that counter-terrorism review—which it defines as the legal, political, and policy processes that consider the application and impacts of counter-terrorism law and policy in theory as well as in practice, with a view to assessing its merits and contributing towards its improvement—has the capacity to enhance accountability in the counter-terrorist state. Building on exclusive interviews with political actors and practitioners, as well as detailed empirical analysis of existing reviews—it presents the first comprehensive, critical analysis of counter-terrorism review in the United Kingdom. While this reveals substantial pockets of good practice, it also shows that the accountability enhancing potential of counter-terrorism review is limited in practice by executive domination, parliamentary limitations, persistent state secrecy, and the absence of trust in the counter-terrorist state.


Author(s):  
Jessie Blackbourn ◽  
Fiona de Londras ◽  
Lydia Morgan

This chapter outlines the core argument of the book and the methodological approach to the research. It develops the concept of counter-terrorism review as legal, political, and policy processes that consider the application and impacts of counter-terrorism law and policy in theory as well as in practice, with a view to assessing its merits and contributing towards its improvement. It also establishes the importance of considering counter-terrorism review as a distinct phenomenon with the potential either to legitimate or to enhance accountability in the contemporary counter-terrorist state.


Author(s):  
Jessie Blackbourn ◽  
Fiona de Londras ◽  
Lydia Morgan

This chapter contains a characterisation of the UK as a counter-terrorist state, tracing its historical development and the processes through which counter-terrorism has become permanent in this jurisdiction. Alongside this permanence, the chapter shows how counter-terrorism pervades a wide range of fields, beyond policing and security, extending both the range of actors responsible for counter-terrorism and those subject to the state’s counter-terrorist gaze. In spite of some marginal disagreement around counter-terrorism law and policy, the chapter shows that UK politics is marked by a hegemonic consensus on the counter-terrorist state’s core propositions. Finally, the chapter shows that the counter-terrorist state is also reflected in the emergence and the stabilisation, through law, of at least some forms of counter-terrorism review, illustrating the potential for counter-terrorism review to reinforce and legitimate the counter-terrorist state.


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