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Study information

Terrorism, Counter-terrorism and International Law

Module titleTerrorism, Counter-terrorism and International Law
Module codeLAW3206
Academic year2021/2
Credits15
Module staff

Dr Agnieszka Jachec-Neale (Convenor)

Duration: Term123
Duration: Weeks

11

Number students taking module (anticipated)

25

Module description

In 2008, an Exeter city restaurant was subject to an attempted terrorist attack by a radicalised Plymouth resident. This event, 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 a 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 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 a critical understanding and detailed knowledge of selected legal mechanisms that have been established to combat terrorist activities;
  • 2. demonstrate detailed knowledge and a critical understanding of aspects of the relevant international and domestic law relating to the role that international criminal justice can and should play as 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, and apply acquired legal knowledge to complex social and contextual problems;
  • 4. demonstrate an ability to independently integrate and assess information from primary and secondary legal and social-legal sources using appropriate interpretative techniques;

ILO: Personal and key skills

On successfully completing the module you will be able to...

  • 5. prepare analytical work that relies on a wide range of relevant, independently-researched resources, engaging with these in order to develop clear lines of argument; and
  • 6. communicate and engage in debate effectively and autonomously, in a manner appropriate to the discipline.

Syllabus plan

Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus is likely to cover some of the following topics:

 

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

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

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

Terrorist and anti-terrorist strategies on the use of social media, Internet and communication technologies, and charitable or humanitarian organisations.

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 ActivitiesGuided independent studyPlacement / study abroad
271230

Details of learning activities and teaching methods

CategoryHours of study timeDescription
Scheduled learning and teaching activities16.511 x 1.5 hour interactive lectures (i.e. requiring active student participation)
Scheduled learning and teaching activities7.55 x 1.5 hour seminars
Scheduled learning and teaching activities3Exeter Centre for International Law events
Guided independent study60Assigned seminar preparation and lecture readings
Guided independent study18Preparation of formative assessment
Guided independent study45Research for and writing of summative assessment

Formative assessment

Form of assessmentSize of the assessment (eg length / duration)ILOs assessedFeedback method
Individual rapid fire presentation and poster (on a topic agreed with the module convenor)7.5 minutes plus the equivalent of 500 words1-6Individual oral and written feedback

Summative assessment (% of credit)

CourseworkWritten examsPractical exams
10000

Details of summative assessment

Form of assessment% of creditSize of the assessment (eg length / duration)ILOs assessedFeedback method
Essay (on a topic agreed with the module convenor)802,200 words1-6Individual written feedback with percentage grade
Individual reflective commentary20300 words1-6Individual written feedback with percentage grade
0
0
0
0

Details of re-assessment (where required by referral or deferral)

Original form of assessmentForm of re-assessmentILOs re-assessedTimescale for re-assessment
EssayEssay (2,200 words)1-6August/September re-assessment period
Individual reflective commentary Individual reflective commentary (300 words)1-6August/September re-assessment period

Re-assessment notes

A new re-assessment topic will have to be agreed with the convenor as this will be different to the original topic on which the failed summative essay was written.

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

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:

https://www.opensocietyfoundations.org/voices/a-discussion-of-the-new-report-terrorism-and-international-law-accountability-remedies-and-reform?playvideo=1

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)

Key words search

Terrorism, counter-terrorism, money laundering, financing terrorism, terrorist bombing, torture, right to a fair trial, human rights, detention, accountability, armed conflict, transnational justice, international criminal law, international crimes, extraordinary rendition, United Nations, ISIL (Da’esh)

Credit value15
Module ECTS

7.5

Module pre-requisites

None

Module co-requisites

None

NQF level (module)

6

Available as distance learning?

No

Origin date

22/01/2021

Last revision date

25/01/2021