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Fighting Terrorism through Multilevel Criminal Legislation
This book highlights the criminal framework legislation developed by the UN Security Council and the EU in the aftermath of the terrorist attacks in the USA in 2001, and studies the implementation of these rules in six European legal orders. It contains a thorough analysis of the concept of terrorist offences, including complex issues such as actions by armed forces and resistance movements. It also explores the broad criminalisation of preparatory acts, including the participation in terrorist groups, and discusses the extended application of national law to offences committed abroad. More generally, the book sheds light on the interplay between global, regional and national regulation and contributes to a better understanding of national differences in the field of criminal law.
Intelligence Practices in High-Trust Societies
This book examines the dynamics of intelligence practices in the Scandinavian culture of high social cohesion and high trust. Situated within the new body of scholarly literature, the book emphasizes critical empirical investigations of intelligence practices, highlighting the specific cultural settings of such practices. By providing Scandinavian perspectives on intelligence studies, the work distinguishes Scandinavian intelligence studies from the predominant Anglo-American perspectives. Throughout the Western world, the past two decades have generated a rapid expansion of the legal mandate, funding, and capabilities of intelligence agencies which, simultaneously, have been pushed to reneg...
Guantánamo and Beyond
This book brings together the viewpoints of leading scholars and policy makers on the topic of exceptional courts and military commissions with a series of unique contributions setting out the current "state of the field." The book assesses the relationship between such courts and other intersecting and overlapping legal arenas including constitutional law, international law, international human rights law, and international humanitarian law.
Allegation by Political Laundering
The Julian Assange case reminds us of the well-known Scandinavian narrative, Keiserens Nye klæder (The Emperor’s New Clothes). Once upon a time, two tailors weaved new clothes for an emperor. They claimed they used a magic fabric that apparently less talented people could not see. In reality, they wove nothing; they had no loom at all. However, they pretended with gestures of the hand that the loom was active. No one wanted to be the less gifted person, so everyone lied and confirmed the clothes were progressing. The emperor finally put on the magic clothes and marched naked around the capital city with the members of his entourage holding the magic train. Unexpectedly, a guiltless little...
The Concept of Universal Crimes in International Law
This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.
The Law of Armed Conflict
This book introduces students to the essential questions of the law of armed conflict and international humanitarian law.
Classical Morality in International Peremptory Criminal Law
This book begins with the belief that, if a moral principle cannot be identified in the language of the law, if law is not underpinned by a moral understanding of the norm, if the moral accusation is not attached to the violations of certain indispensable norms of the law, then we are violating the peremptory character of the universality of the moral law. The book vicariously objects to any dispute for the advantage of the impunity of those who have cruelly contravened the corpus juris of international peremptory criminal law. What justifies the law in recognizing certain principles as peremptory derives from the highest genetic merit for the international human community as a whole. Here, the term ‘peremptory’, for classical morality, is seen to encompass love for the spirit of truth, for the strength of equality of arms and for the reaffirmation of the value of the essence of man where its infringements violate the indispensable universal rights of nature. This is regardless of whether its perpetrators are Western or non-Western.
A Theory of Punishable Participation in Universal Crimes
This study is the second in the four-part series entitled “Rethinking the Essentials of International Criminal Law and Transitional Justice”. While the first volume, The Concept of Universal Crimes in International Law, explored the parameters and theories related to crimes under international law, this book examines the notion of punishable participation in such crimes. It presents a general theory of personal criminal liability and provides a comprehensive overview of all forms of criminal participation in international law. The authors examine numerous primary materials in international and transnational criminal law, both historical and current, relating to both international and dom...
Moral Issues in Intelligence-led Policing
The core baseline of Intelligence-led Policing is the aim of increasing efficiency and quality of police work, with a focus on crime analysis and intelligence methods as tools for informed and objective decisions both when conducting targeted, specialized operations and when setting strategic priorities. This book critically addresses the proliferation of intelligence logics within policing from a wide array of scholarly perspectives. It considers questions such as: How are precautionary logics becoming increasingly central in the dominant policing strategies? What kind of challenges will this move entail? What does the criminalization of preparatory acts mean for previous distinctions betwe...
The Mirage of International Criminal Law
This book explores, from various perspectives, Kant’s codex of the categorical imperative and the supreme principle of morality in juxtaposition with the monopolisation of the rules of international criminal law. Kant’s reference to the term ‘propensity to evil in human nature’ is a much more serious iniquity universally in the nature of the Security Council than the concepts of a mens rea and actus reus in criminal law. His decisive warning foreshadows that the inclinations towards self-interest, self-love, and intent in collective mens rea within the resolutions of the Security Council prevent states from striving towards the supreme maxim of a genuine international moral worth. Th...
