Inciting Terrorism? Crimes of Expression and the Limits of the Law
B. Goold and L. Lazarus, Security and Human Rights (Hart Bloomsbury Publishing, 2018)
37 Pages Posted: 23 Apr 2018
Date Written: April 4, 2018
In the context of the notorious exceptionalism that characterised much of the 'war on terror', it is perhaps unsurprising that the invigorated use of criminal law to respond to terrorism has been lauded and promoted as part of a shift to a rule of law approach. However, exceptionalist approaches to countering terrorism emerge also within criminal law, with troubling implications. This chapter explores evolving practice in relation to the ever more expansive use of criminal law as a ‘preventative’ tool in countering terrorism. It considers in particular the nature and implications of proliferating international, regional and national legislative and prosecutorial practice in relation to ‘crimes of expression’ such as indirect incitement, glorification, provocation or justification, alongside international human rights law and basic principles of criminal law. How far can criminal law be stretched in the name of prevention before the connection between the individual and wrongful conduct is lost? At what point does criminal law reach too far back to preparatory or pre-crime stages, or too far out to sustaining environments, such that it falls foul of the flexible international legal framework within which it must operate and on which its legitimacy depends?
Keywords: Terrorism, Freedom of Expression, Incitement, Public International Law, Criminal Law, Human Rights
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