Terrorism in International and European Criminal Law

Language of Instruction

English.

Pre-requirements

Three years of Law studies. Basic knowledge of criminal law.

Contact Information

Course teacher: Professor Erling Johannes Husabø

Administrative contact: Higher Executive Officer Nathalie S. L. Gaulier: Nathalie.Gaulier@jurfa.uib.no

Course offered (semester)

Autumn (not offered Autumn 2013)

Language of Instruction

English.

Aim and Content

Course Description:

The course will study the use of criminal law measures in the fight against terrorism, at the global level as well as at the regional level (Europe). Special focus will be held on:

• The definition of terrorism
• Criminalisation of terrorism an preparatory acts
• Prosecution and international cooperation in terrorist cases
• The role of human rights in counter-terrorism

Taking terrorism as an example, the course will also give insight in general issues such as:

• The role and powers of the UN Security Council
• The role and powers of the European Union in criminal matters ("the third pillar")

The interactions between international law, European Union law and national criminal law

Pre-requirements

Three years of Law studies. Basic knowledge of criminal law.

Recommended previous knowledge

The students ought to have taken a course in criminal law or international law (or both) before attending this course.

Subject Overlap

In combination with JUS362 the course will generate no new credits.

Teaching Methods

Lectures (15 hours) by Erling Johannes Husabø, Jan Oscar Engene, Ingvild Bruce and Jørgen Aall

Seminars (10 hours), partly based on oral student presentations

Course summary and schedules:

Part I: Introduction

a)The risk and fear of terrorism before and after 9/11. The role of terrorism in international politics. Different strategies to fight terrorism; military measures, legal (e.g. criminal) measures, social measures, dialogue and diplomatic

b) The struggle about and the evolution of a definition of (international) terrorism. Various definitions at the global, regional and national levels.

c) Review of the fundamentals of international law: state sovereignty, other fundamental principles and the framework of the UN Charter. Overview of the UN responses to terrorism: Conventions, resolutions and supervision bodies

Review of the fundamentals of European Union law: the framework of the EC and EU treaties, the bodies of the EU, different legislative measures and court review. Overview of the EU responses to terrorism: Action plans, financial restrictions, the framework decision on combating terrorism and the principle of mutual recognition

Review of the fundamentals of human rights law, especially the European Convention on Human Rights (ECHR)

Part II: Criminalisation of terrorism and preparatory acts

The global and regional framework regulation of criminal law, as embodied in Security Council Resolutions, UN conventions and the EU Framework Decision on combating terrorism. With special focus on:

• The scope of criminalisation: terrorist offences, participation in terrorist groups, financing terrorism, conspiracy and other preparatory acts.
• Exceptions for acts by military forces and other state agencies, freedom fighters and protestors violence?
• The regulation of the level of penalties

Home exam: date to be communicated on My Space

Part III: Prosecution and international cooperation in terrorist cases

The scope of national criminal jurisdiction and the limits of international law.

The duty of international cooperation against terrorism.

Extradition of suspected or convicted terrorists: Treaty law and the European Arrest Warrant

International police cooperation and the roles of Europol and Interpol

Cooperation between prosecution authorities and the role of Eurojust

Part IV: Human right issues

Counter-terrorism and the obligation to secure human rights

The allegded need for special investigative methods and rules of procedure in terrorist cases

Can the threat of terrorism justify derogations from human rights?

The applicability and flexibility of certain human rights with respect to investigation, prosecution or extradition of terrorists. Special focus will be held on

• The prohibition of death penalty
• The prohibition of torture and other inhumane or degrading treatment
• The right to liberty
• The right to respect for private life
• The right to a fair trial
• The right to non-discrimination

Actual examples will be taken from different countries such as the UK (detention of suspected terrorists and the use of "control orders") and the USA (the use of military tribunals etc.)

Compulsory Requirements

Oral presentation (mandatory, but not part of the grade).

Home exam of maximum 3000 words (passed/not passed). Mandatory, but not part of the grade.

Assessment methods

Exam only in autumn semester (retry next August only when exam was not taken due to illness - documentation required)

4 hours written school exam (graded: A - E for passed, F for fail).

Exam language:

• Question paper: English
• Answer paper: English

Support materials allowed during school exam:

See section 3-5 of the Supplementary Regulations for Studies at the Faculty of Law at the University of Bergen.

Special regulations about dictionaries:

• According to the Regulations for Studies, one dictionary is permitted support material during the examination. Bilingual dictionaries containing for example both Norwegian-English and English-Norwegian are considered as one dictionary.
• Bilingual dictionaries to/from the same two languages - for example Norwegian-English/English-Norwegian - in two different volumes are also considered as one dictionary (irrespective of publisher or edition).
• Dictionaries as described above cannot be combined with any other types of dictionaries.
• Any kind of combination which makes up more than two physical volumes is forbidden.
• In case a student has a special need for any other combination than the above mentioned, such combination has to be clarified with/approved by the course coordinator minimum two weeks before the exam. Students who have not been granted permission to have a special combination minimum two weeks before the exam will be subject to the usual regulations (Section 3-5) about examination support materials.

Course Unit Evaluation

According to administrative arrangements for evaluating courses at the Law Faculty

Contact Information

Course teacher: Professor Erling Johannes Husabø

Administrative contact: Higher Executive Officer Nathalie S. L. Gaulier: Nathalie.Gaulier@jurfa.uib.no