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

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.

Table of Contents:
Contents: PART I INTRODUCTION 1 Introduction to Precursor Crimes of Terrorism 2 Mariona Llobet Anglí, Manuel Cancio Meliá, and Clive Walker 2 Counter terrorism through precursor crimes 20 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 44 Aniceto Masferrer and Pedro Talavera 4 The criminalisation of terrorism risk within the European Union: a suitable choice? 56 Francesca Galli 5 Voluntary abandonment related to the crime of membership of a terrorist group 72 Mertxe Landera Luri 6 Precursor crimes in Australia’s anti-terrorism legislation 83 Christopher Michaelsen PART III PRECURSOR COMMUNICATION CRIMES IN RELATION TO TERRORISM 7 The legitimacy of offences criminalising incitement to terrorist acts: a European perspective 99 Anneke Petzsche 8 Twitter after Charlie Hebdo and the Paris Bataclan attacks: identifying and measuring the different types of violent speech on the internet 113 Fernando Miró-Llinares 9 Spanish writing on the wall? Glorification of terrorism under Spanish law 127 Manuel Cancio Meliá 10 Terrorism as a hate crime? 143 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? 157 Íñigo Ortiz de Urbina Gimeno 12 ‘Jihadist lone wolves’: terrorists, murderers or believers? Back to an actor-based criminal law 170 Mariona Llobet Anglí 13 Intelligence expert evidence against terrorism in Spain 183 Gonzalo Boye Tuset 14 Precursor crimes of international terrorism 196 Ben Saul PART V PROCESS, PRACTICE AND PUNISHMENT 15 Police cooperation in counter-terrorism: limits and suitable partners 221 Saskia Maria Hufnagel 16 The accommodation of precursor crimes within extradition 240 Paul Arnell 17 Criminal process and precursor crimes of terrorism 254 Mark Topping and Mark Carroll 18 Legal experiments in the Spanish judicial fight against jihadist terrorism 269 Benet Salellas i Vilar 19 The ends of state punishment and terrorism 281 Daniel Rodríguez Horcajo 20 The relevance of mandatory minimum penalties: an introduction with reference to precursor crimes of terrorism in Spain 292 Gonzalo J. Basso 21 Penal policies and terrorist offenders in Spain: a matter of recidivism risk assessment or a matter of de-radicalisation? 304 Enara Garro Carrera 22 The sentencing of precursor terrorism crimes in the United Kingdom 316 Florence Lee and Clive Walker Select bibliography 335 Index

About the Author :
Edited by Clive Walker, Professor Emeritus of Criminal Justice Studies, School of Law, University of Leeds, UK, Mariona Llobet Anglí, Associate Professor of Criminal Law, Department of Law, Pompeu Fabra University, Barcelona, Spain and Manuel Cancio Meliá, Full Professor of Criminal Law, Law Faculty, Universidad Autónoma de Madrid, Spain

Review :
‘This impressive collection of chapters, from internationally respected academics and practitioners with expertise on terrorism and criminal law, tackles an important recent phenomenon. As ever more States seek to counter the threat of terrorism in innovative ways, specialised criminal offences proliferate and expand to reach those who fund, plan, encourage, prepare, or glorify terrorism in the physical and online worlds. The perceived threat posed by terrorism permits legislatures to criminalise more widely and punitively. The need for adequate scrutiny and safeguards is obvious as these offences challenge orthodox definitions and structures of criminal laws and their jurisdictional reach as well as traditional trial processes. The book provides an insightful exploration of the theoretical, social and practical dimensions to pre-cursor offences and offenders, drawing particularly on European experience. It will serve as a valuable resource for scholars and policy makers examining the many challenges that such legislation brings.’ 'This work explores and updates the study on the limits of criminal intervention against terrorism. It masterfully combines the study of the fundamentals with a common thread in the "advancement" of the punitive barrier to crimes of expression or crimes of belonging to organisations, without neglecting procedural aspects, cooperation or prison execution. And all of this with a comparative law approach that makes this work a genuinely European contribution to a more contained, legitimate and, at the same time, effective anti-terrorist strategy.'