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Precursor Crimes of Terrorism: The Criminalisation of Terrorism Risk in Comparative Perspective

Edited by: Clive Walker, Mariona Llobet AnglĂ­, Manuel Cancio Meli

ISBN13: 9781788976312
Published: January 2022
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £115.00



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This illuminating book offers a timely assessment of the development and proliferation of precursor crimes of terrorism, exploring the functions and implications of these expanding offences in different jurisdictions. In response to new modes and sources of terrorism, attempts to pre-empt potential attacks through precursor offences have emerged. This book examines not only the meanings and effectiveness of this approach, but also the challenges posed to human rights and social and economic development.

Featuring contributions from leading academic and practitioner experts in counter-terrorism law, the book covers the broad scope of activities tackled by these new legal interventions, including membership, collaboration, communications, training and financing. Taking a comparative approach that relies on extensive experience in various jurisdictions, including the UK and Spain, the chapters also discuss important related issues such as international cooperation, investigations and penology, offering insights into the context of policies and practices.

Scholars and advanced students of criminal and human rights law with an interest in terrorism and terrorism offences will find this book essential reading. It will also benefit legal practitioners and policy makers in fields such as international criminal law cooperation and counter-terrorism.

Subjects:
Criminal Law
Contents:
PART I. INTRODUCTION
1. Introduction to Precursor Crimes of Terrorism
Mariona Llobet Anglí, Manuel Cancio Meliá, and Clive Walker
2. Counter terrorism through precursor crimes
Clive Walker
PART II. CRIMINALISATION OF ANTICIPATORY RISK OF TERRORISM ATTACKS
3. Law as reason vs law as will in the fight against terrorism: from a Hobbesian conception of law to an Orwellian society
Aniceto Masferrer and Pedro Talavera
4. The criminalisation of terrorism risk within the European Union: a suitable choice?
Francesca Galli
5. Voluntary abandonment related to the crime of membership of a terrorist group
Mertxe Landera Luri
6. Precursor crimes in Australia’s anti-terrorism legislation
Christopher Michaelsen
PART III. PRECURSOR COMMUNICATION CRIMES IN RELATION TO TERRORISM
7. The legitimacy of offences criminalising incitement to terrorist acts: a European perspective
Anneke Petzsche
8. Twitter after Charlie Hebdo and the Paris Bataclan attacks: identifying and measuring the different types of violent speech on the internet
Fernando Miró-Llinares
9. Spanish writing on the wall? Glorification of terrorism under Spanish law
Manuel Cancio Meliá
10. Terrorism as a hate crime?
Juan Alberto Díaz López
PART IV. EXPANSION OF PRECURSOR TERRORISM CRIMES: ORGANISATIONAL, EVIDENTIAL AND INTERNATIONAL
11. Agency costs avoidance through ‘leaderless resistance’ and the criminalization of visiting Internet sites: is the cure worse than the disease?
Íñigo Ortiz de Urbina Gimeno
12. ‘Jihadist lone wolves’: terrorists, murderers or believers? Back to an actor-based criminal law
Mariona Llobet Anglí
13. Intelligence expert evidence against terrorism in Spain
Gonzalo Boye Tuset
14. Precursor crimes of international terrorism
Ben Saul
PART V. PROCESS, PRACTICE AND PUNISHMENT
15. Police cooperation in counter-terrorism: limits and suitable partners
Saskia Maria Hufnagel
16. The accommodation of precursor crimes within extradition
Paul Arnell
17. Criminal process and precursor crimes of terrorism
Mark Topping and Mark Carroll
18. Legal experiments in the Spanish judicial fight against jihadist terrorism
Benet Salellas i Vilar
19. The ends of state punishment and terrorism
Daniel Rodríguez Horcajo
20. The relevance of mandatory minimum penalties: an introduction with reference to precursor crimes of
terrorism in Spain
Gonzalo J. Basso
21. Penal policies and terrorist offenders in Spain: a matter of recidivism risk assessment or a matter of de-radicalisation?
Enara Garro Carrera
22. The sentencing of precursor terrorism crimes in the United Kingdom
Florence Lee and Clive Walker

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