Terrorism, Counter-Terrorism and International Law
| Module title | Terrorism, Counter-Terrorism and International Law |
|---|---|
| Module code | LAWM144 |
| Academic year | 2022/3 |
| Credits | 30 |
| Module staff | Agnieszka Jachec-Neale (Convenor) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 11 |
| Number students taking module (anticipated) | 20 |
|---|
Module description
In 2008, an Exeter city restaurant was subject to an attempted terrorist attack by a radicalised Plymouth resident. This event, so close to home, together with numerous London attacks in the past twenty years, as well as the recent bombing of Ariana Grande’s concert participants in Manchester, show that terrorist attacks became a part of a fabric of our society and a phenomenon which we cannot ignore. Terrorism is a global and multi-faceted phenomenon that manifests itself with a variety of forms of violence both during armed conflict and in peace, spreading fear both online and outside of it, various political or religious aims and an apparent lack of commonly agreed, internationally accepted definition of the term. In recent years we have witnessed an increasing number of terrorist attacks, resulting in mass casualties, deepening political or ethnic divides, and destroying already fragile economies in broad range of countries and societies.
Whilst terrorism and its impact on domestic, regional and international levels has always been of a concern, the counter-terrorism agenda and more effective efforts to prevent terrorism really started to dominate international security debates after 9/11 attack on US soil. The latter event became a catalyst for the United Nations Security Council deciding to take more robust measures in the counter-terrorism regulatory framework, enabled by its nomination of phenomenon of international terrorism as a ‘threat to international peace and security’. The regulatory efforts in the last 20 years resulted in numerous terrorist activities such as hostage taking, financing terrorism, arms trafficking, links to organised crimes and the flow of foreign fighters being outlawed, and the legal and policy measures for international cooperation to combat terrorism being extended and strengthened. These efforts were only invigorated by the rise of the Islamic State in Iraq and Levant (known as Da’esh).
This module will give you an overview of the international legal framework on terrorism and the vast spectrum of counter-terrorism measures, including the criminalisation of terrorist acts. Discussion will include numerous topics organised in four key themes which may cover some of the following issues: terrorism and armed conflicts including foreign fighters phenomenon, counter-terrorism and human rights, international and transnational crimes and international justice, United Nations and international cooperation to combat terrorism, terrorist and anti-terrorist strategies on the use of social media, Internet and communication technologies, and charitable or humanitarian organisations.
Module aims - intentions of the module
The aim of this module is to use research-enriched teaching to provide you with an understanding of key aspects of the international legal framework governing the acts of terrorism and their prevention. The module will examine key developments in the field of international public law and in domestic spheres of the selected countries. Teaching of the material will be done in context, which means it will be discussed with reference to particular case studies or situations. The teaching method assumes active participation and engagement by all students under the guidance of the module convenor.
The module will encourage you to reflect critically on the nature, function, strengths and weaknesses of various counter-terrorism mechanisms. It will also develop your understanding of the evolution and current scope of terrorism-oriented international crimes and aspects of individual criminal justice. This will enable you to gain an appreciation of the role that international criminal justice can and should play as part of a wider response to terrorism.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. demonstrate advanced, critical understanding and detailed knowledge of selected legal mechanisms that have been established to combat terrorist activities;
- 2. demonstrate advanced knowledge and a deep, critical understanding of aspects of the relevant international and domestic law relating to the role that international criminal justice can and should play as a part of a wider response to terrorism;
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 3. demonstrate detailed knowledge and understanding of a range of legal concepts, values, principles, institutions and procedures;
- 4. demonstrate an ability to independently select and integrate information from a wide range of relevant primary and advanced secondary legal and social-legal sources;
- 5. demonstrate an autonomous, competent ability to apply acquired legal knowledge to complex social and contextual problems, critically assess and evaluate information using appropriate interpretative techniques and clearly present own arguments;
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 6. prepare analytical work that relies on a wide range of relevant, independently-researched resources, efficiently engaging with these in order to develop nuanced and comprehensive lines of argument;
- 7. communicate and engage in debate effectively, confidently and autonomously, in a manner appropriate to the discipline.
Syllabus plan
Whilst the precise content may vary from year to year, it is envisaged that the syllabus will cover all or some of the following topics:
1. Terrorism and armed conflicts
- terrorism in the context of global or regional security
- nuclear, chemical and biological terrorism
- spreading terror in armed conflict
- foreign fighters phenomenon
- terrorism as an obstacle in the delivery of humanitarian aid
2. International and transnational crimes and international justice
- terrorism as international crime
- terrorism and organised transnational crime networks (drug-trafficking, piracy, hostage taking, bombings and mass killing)
- terrorist financing
- international criminal justice in relation to acts of terrorism
- International Special Tribunal for Lebanon
- military courts- Guantanamo Bay trials- case study
3. Counter-terrorism and human rights
- counter-terrorism legislation and democratic oversight
- detention, prosecution and the right to a fair trial
- torture and counter-terrorism
- extraordinary renditions- case study
4. Terrorist and anti-terrorist strategies on the use of social media, Internet and communication technologies, and charitable or humanitarian organisations.
5.United Nations and international cooperation to combat terrorism
- UN Office on Drugs and Crimes- Terrorism Prevention branch
- Role of UN in prevention of violent terrorism
- Islamic State of Iraq and Levant (Da’esh) and Al-Qaida sanctions regime
- Responses of regional organisations to combatting terrorism
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 36 | 264 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning and Teaching activity | 33 | 11 x 3 hour interactive seminars (i.e. requiring active student participation; each inclusive of a 1.5 hour lecture) |
| Scheduled Learning and Teaching activity | 3 | Attendance at events organised by the Exeter Centre for International Law. |
| Guided Independent Study | 200 | Assigned seminar preparation and lecture readings |
| Guided Independent Study | 17 | Preparation of formative assessment |
| Guided Independent Study | 47 | Research for and writing of summative assessment |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Presentation and poster/ slides | 10 minutes, plus the equivalent of 1,000 words | 1-7 | Individual oral and written feedback |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 100 | 0 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Essay and reflective commentary | 100 | 3,500 words in total (inclusive of 3,200-word essay and 300-word reflective commentary) | 1-7 | Individual written feedback (with oral feedback upon request) |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Essay and reflective commentary | Essay and reflective commentary (3,500 words) | 1-7 | August/September re-assessment period |
Indicative learning resources - Basic reading
Selected chapters from the following books accompanied by other relevant primary and secondary sources:
Ben Saul (ed.) Research Handbook on International Law and Terrorism, (2nd edition, Edward Elgar Publ., 2020)
Erica Chenoweth, Richard English, Andreas Gofas, and Stathis N. Kalyvas (Eds.) The Oxford Handbook of Terrorism (Oxford University Press, 2019)
Helen Duffy, The ‘War on Terror' and the Framework of International Law (2nd ed., Cambridge University Press, 2015)
Ana María Salinas de Frías, Katja Samuel, and Nigel White (Eds), Counter-Terrorism, International Law and Practice (Oxford University Press, 2012)
Indicative learning resources - Web based and electronic resources
ELE – https://vle.exeter.ac.uk/
SHERLOC: https://sherloc.unodc.org/cld/v3/sherloc/
Legal instruments UN compilations: https://www.un.org/counterterrorism/international-legal-instruments
The International Bar Association (IBA) and the Open Society Justice Initiative high-level panel discussion marking the release of the report Terrorism and International Law: Accountability, Remedies, and Reform:
Indicative learning resources - Other resources
American Journal of International Law (AJIL)
European Journal of International Law (EJIL)
International and Comparative Law Quarterly (ICLQ)
Journal of International Criminal Justice (JICJ)
Leiden Journal of International Law (LJIL)
Journal of Conflict and Security Law (JCSL)
| Credit value | 30 |
|---|---|
| Module ECTS | 15 |
| Module pre-requisites | None |
| Module co-requisites | None |
| NQF level (module) | 7 |
| Available as distance learning? | No |
| Origin date | 25/02/2021 |
| Last revision date | 22/04/2022 |