我国面临的国际恐怖犯罪现状与应对策略

国际恐怖主义犯罪是威胁当今国际社会安全的非传统安全因素,近年来,国际恐怖组织、个人,以及境内外“东突”恐怖势力、“藏独”恐怖势力、邪教恐怖势力,尤其是境内外“东突”及“藏独”势力的恐怖主义犯罪已经对我国构成了现实威胁。针对威胁,公安机关应积极推动我国反恐立法,完善反恐工作机制,参与国际反恐合作,重视情报、舆论引导和群众工作,加强安全防范和预案演练,以有效遏制和消除国际恐怖主义犯罪。     

武力打击国际恐怖主义的合法性问题

武力打击国际恐怖主义的合法性问题关系到国际法律秩序的前途与联合国集体安全体制的命运。通过对美国武力反恐政策与实践在国际法学界引发的争议、国际法上自卫权规则和安理会授权武力强制措施的适用性、国际恐怖主义泛滥对自卫权理论和规则的发展方向的影响 ,以及联合国在武力反恐中的作用等问题的分析 ,我们可以看到 ,虽然现有国际法理论和规则并不完全支持武力反恐 ,但是完全排除受害国使用武力反恐既不合理也不可行。为了既有效打击恐怖主义又不滥用武力 ,现行国际法和联合国体制都需要改革 ,以建立一个由和平措施和武力措施共同构成的反恐机制。     

我国刑法中“恐怖活动犯罪”的认定

“制造社会恐怖”是恐怖活动犯罪特有的犯罪目的 ,正确理解恐怖活动犯罪的这一犯罪目的的内容 ,以及由这一目的决定的恐怖活动犯罪的罪过结构和客观特征 ,是司法实践中认定恐怖活动犯罪 ,正确适用刑法相关规定的基本前提。     

试析当前“东突”暴力恐怖犯罪的新特点及其防范对策

我国当前面临最大的恐怖主义威胁是具有恐怖主义、宗教极端主义及民族分裂主义特征的“三股势力”,影响新疆社会稳定的因素主要是“东突”等恐怖组织策动的以民族分裂为宗旨的暴力恐怖犯罪活动.暴力恐怖犯罪危害极大,反恐防暴斗争形势十分严峻,打击和遏制新疆地区暴力恐怖犯罪活动,是一项长期而艰巨的任务.本文着重阐述“东突”暴力恐怖犯罪的新特点,分析其发展态势,并在此基础上提出防范此类暴力恐怖犯罪的对策.     

英国涉恐资产冻结法律制度介述及其对我国的借鉴

冻结涉恐资产可以有力地斩断恐怖组织及其人员实施恐怖活动的经济基础,因而冻结措施成为金融反恐的重要手段。英国《2010年涉恐资产冻结法》对涉恐资产冻结的相关措施作了专门的系统规定,该法令规定的冻结措施具有期限性、非终局性、冻结对象的广泛性等特征。我国的涉恐资产的冻结措施应当借鉴英国涉恐资产冻结的相关法律制度,注意不同法律制度间的相互配合,注重涉恐资产冻结中的权利保障,加强国际法和国内法的衔接,以便更好地实现打击恐怖活动犯罪的目的。     

析国家作为恐怖主义的主体问题

恐怖主义主体是否包含国家的问题是困惑恐怖主义法律定义的一个现实障碍。对此问题,发展中国家与西方发达国家认识不一,从历史看,国家恐怖主义是个人或组织团体恐怖主义的根源,而且国家恐怖主义的危害与当量是个人及团体恐怖主义所无法比拟的;学者的学说、国家和联合国内的反国家恐怖主义的努力也说明了国家恐怖主义犯罪的存在;国家的恐怖主义刑事责任追究可依公约以特殊方式进行;国际关系与国际政治行为的民主化与文明化,也要求坚持公理、正义与法律,要求反国家恐怖主义。     

Terrorist victimization: A case study from India

The focus of terrorist victimization is largely upon the people hurt by terrorist groups or by state agencies acting in retaliation. However, victimization also comes from the policies and actions of the state that gives rise to the terrorism in the first place. This paper examines the nature of terrorist victimization in India. It focuses upon left‐wing terrorism in the state of Bihar and describes the anarchic situation prevailing there. The paper argues that victimization is coming both from the brutalities of the terrorist squads as well as the illegal actions of the police agencies. However, underlying these terrorist actions are government policies that have failed to address the democratic concerns of the citizens and which are unable to develop the economy. The paper also argues that it is necessary to ensure that state agencies do not go beyond the purview of legal boundaries. Only a state, dealing fairly, ensuring a rule of law and concerned about the victimization of all kinds can bring about the desired recovery of the people who alone suffer grievously.     

The Impact of the Boston Marathon Bombings on Public Willingness to Cooperate with Police

While a key to law enforcement success is the willingness of the public to cooperate with police, we have limited understanding of how terrorist attacks affect this public readiness. Prior research suggests that terrorist attacks might increase citizen cooperation with police through both prevention efforts and rally effects. We test these assertions with three nationally representative surveys on respondents’ willingness to help police combat terrorism: one before the Boston Marathon bombings and two after. As predicted, public willingness to report suspicious behavior to police increases significantly following the bombings and there is evidence that these increases generalize to ordinary crime. We also find that knowledge of key counter terrorism programs increases after the bombings, effects are somewhat stronger for the New England area than other regions, and the strength of the results are greatly diminished 16 months after the attacks. Conclusions are similar for both panel and cross-sectional analyses.     

Terrorism Risk Forecasting by Ideology

The purpose of the present study is to produce foresights on terrorism. For the first time in the literature, we test the predictive validity of risk terrain modeling to forecast terrorism. Because the relevant literature suggests that target selection and the places where terrorist attacks occur are related to a group’s strategies, we also investigate whether and how violent terrorist acts vary with respect to their surroundings in the same jurisdiction when the ideology is the point of comparison. Separatist and leftist terrorist groups committed 1152 violent terrorist acts between 2008 and 2012 in Istanbul, Turkey. Our analysis begins with a comparison of targets and risk factors by the ideology of the perpetrators for 857 separatist and 295 leftist terrorist incidents. After identifying high-risk locations, we test the predictive validity of risk terrain modeling. The study results showed that context and spatial influence—the risky areas of terrorism—vary by the nature of the ideology in the jurisdiction. Practical implications also are discussed.     

Situational prevention of terrorism. Remarks from the field of counterterrorism in the Netherlands on Newman and Clarke’s Policing Terrorism

In this paper I shall discuss how criminal investigation might contribute to a situational approach to terrorism. Therefore I discuss Policing Terrorism by Newman and Clarke, and confront it with experiences from work in the field of counterterrorism: criminal investigations at the Dutch National Police Agency (NPA). I demonstrate that Newman and Clarke have too narrow a scope on policing terrorism, in particular when it comes to the role of criminal investigation. They restrict their focus to local police work in the phases immediately before and after a terrorist attack. This is unfortunate because case files show that criminal investigators play a central role in the prevention of terrorism. They intervene in earlier phases of terrorist preparation, target a wider range of terrorist offences than terrorist attacks, and prosecute radicals for their non-terrorist offences. Furthermore, criminal investigations offer insights that might be of help in developing an SCP approach to terrorism.     

Counter-terrorism: measures to fight against the foreign terrorist fighter phenomenon and the use of ICT for the recruitment of terrorists

Terrorism, in all its manifestations, has redefined national and international security landscapes in recent years. The impact of terrorist organisations has mushroomed, and they are becoming increasingly complex. There is evidence to point to the fact that the planning, recruitment, coordination and perpetration of terrorist acts has been largely assisted by the proliferation of networking hardware such as computers, cell-phones, and internet access. In addition, the availability of various digital tools and software has amplified the ease of communication, regardless of location. Strategy to date has been dominated by law enforcement and military actions, as exemplified in most international initiatives against terrorism. In some cases, this has elicited sympathy for the terrorist organisations because of resulting unintended civilian casualties. There is now recognition that a shift in strategy to a more civil society focussed approach which addresses the underlying causes may be more effective.     

Interdiction and Indoctrination: The Counter‐Terrorism and Security Act 2015

Lying behind the recent Counter‐Terrorism and Security Act 2015 is the phenomenon of foreign terrorist fighters which has sparked international and national attention. The 2015 Act deals with many facets of counter terrorism legislation, but its two principal measures are singled out for analysis and critique in this paper. Thus, Part I of the Act seeks to interdict foreign terrorist fighters by preventing suspects from travelling and dealing decisively with those already in the UK who pose a risk. Part V of the Act implements the second, broader aspect, of legislative policy, reflecting the UN emphasis on ‘Countering Violent Extremism’, through the statutory elaboration and enforcement of the ‘Prevent’ element of the long‐established Countering International Terrorism strategy, which aims to stop people becoming terrorists or supporting violent extremism. These measures are explained in their policy contexts and set against criteria of effectiveness, personal freedom, and accountability.     

The role of prosecutors in ensuring human rights compliant responses to terrorism

Since 9/11 the threat from terrorism has been regarded as ‘exceptional’, a threat that requires military and sometimes even extra-judicial responses. But experience has shown that these responses can have unintended and counterproductive results. Many experts now believe that criminal justice and rule of law-based responses to terrorism are often more legitimate, effective and sustainable. The paper argues that prosecutors have a vital role to play in promoting appropriate criminal justice responses to terrorism. Yet with no international court with jurisdiction over terrorist crimes, prosecutors carry the primary responsibility to work with their local law enforcement agencies to bring terrorist suspects to justice before national courts, while ensuring that no misuses or abuses of authority have occurred. To deliver on this mandate, prosecutors must remain vigilant and ensure that the counter-terrorism actions of police, corrections and other law enforcement authorities are lawful and respectful of human rights. This will often require immense courage under fire.     

城市反恐重要目标安全防范试点与研究

“9·11”以来,国际恐怖活动与反恐斗争的较量已经持续了十余年,但以全球化为背景的恐怖主义威胁不仅没有消失,反而持续存在且更加突出.“三股势力”和由于各种原因导致的个体暴力恐怖威胁将成为今后相当长一段时间内影响我国安全与稳定的主要因素.借鉴国内外相关研究和城市反恐试点单位的成功做法,提出如下对策建议：一是建立党政领导,部门参与的反恐防范工作格局;二是加强防范恐怖犯罪公众教育,增强公众的防范意识;三是建立统一高效的情报信息工作机制;四是明确责任,建章立制,夯实基础;五是制定应对预案,通过演练予以巩固完善;六是强化检查考核,促进防范责任和措施落实.     

运用刑法武器打击恐怖主义犯罪

武警部队处置恐怖事件,必须注重运用法律武器,彰显法律的力量。由于恐怖主义活动是一种严重的刑事犯罪,所以在对恐怖分子进行法律战时,刑法是一部必用的法律。在反恐法律战中,如果能够运用好刑法,完全可以为我方赢得战机,以期达到"不战而屈人之兵"的目的。     

Terrorism Risk, Resilience and Volatility: A Comparison of Terrorism Patterns in Three Southeast Asian Countries

Objective

This article explores patterns of terrorist activity over the period from 2000 through 2010 across three target countries: Indonesia, the Philippines and Thailand.

Methods

We use self-exciting point process models to create interpretable and replicable metrics for three key terrorism concepts: risk, resilience and volatility, as defined in the context of terrorist activity.

Results

Analysis of the data shows significant and important differences in the risk, volatility and resilience metrics over time across the three countries. For the three countries analysed, we show that risk varied on a scale from 0.005 to 1.61 “expected terrorist attacks per day”, volatility ranged from 0.820 to 0.994 “additional attacks caused by each attack”, and resilience, as measured by the number of days until risk subsides to a pre-attack level, ranged from 19 to 39 days. We find that of the three countries, Indonesia had the lowest average risk and volatility, and the highest level of resilience, indicative of the relatively sporadic nature of terrorist activity in Indonesia. The high terrorism risk and low resilience in the Philippines was a function of the more intense, less clustered pattern of terrorism than what was evident in Indonesia.

Conclusions

Mathematical models hold great promise for creating replicable, reliable and interpretable “metrics” to key terrorism concepts such as risk, resilience and volatility.     

Terrorist attacks targeting the police: the connection to foreign military presence

Terrorist attacks – suicide attacks in particular – targeting police have increased worldwide over the past decade in both number and relative to other targets. One plausible explanation for this is the presence of a foreign military on a country’s soil, which is theorized to increase terrorism in that country. Terrorist attacks targeting the police may be more likely in these countries because police typically are tasked with assisting the foreign military. The primary research question asks whether there is a relationship between foreign military presence and terrorist attacks on police. This is assessed using a cross-sectional sample of 82 countries, with data drawn from several sources between 1999 and 2008. Because the dependent variables – terrorist attacks targeting the police – are proportions, Tobit and Cragg’s double-hurdle analyses were used. Analyses were confirmed using zero-inflated negative binomial regression models, with the outcomes measured as counts. Foreign military presence significantly increased the proportion of suicide terrorist attacks targeting the police, terrorist attacks using any tactic targeting the police and fatal terrorist attacks targeting the police. Greater economic inequality, involvement in civil war and greater regional terrorism were related to the proportion of attacks targeting police, but each was inconsistent across the outcome measures. To avoid being viewed as an occupying force and, thus, to decrease the proportion and count of terrorist attacks targeting police, administrators and officers alike may wish to reflect on public perception of their image. Future research should expand the dependent variable to include additional target types and a longer time period.     

The War on Terrorism: When the Exception Becomes the Rule

This article argues that the semiotics of the war on terrorism points at a significant shift in United States' discourses on security. This shift can best be described as a move from defence to prevention or from danger to risk. Whereas the notion of defence is closely connected to the state of war, this article claims that the war on terrorism instead institutionalises a permanent state of exception. Building upon Agamben's notion that the state of exception is the non-localisable foundation of a political order, this article makes two claims. First, it argues that semiotic shifts in United States' security politics point at a general trend that, to some extent, structures international American interventions. In a sense, the semiotic shifts in American security discourse declare the United States as the sovereign of the global order: they allow the United States to exempt itself from the (international) framework of law, while demanding compliance by others. Second, it claims that this production of American sovereignty is paralleled by reducing the life of (some) individuals to the bare life of homo sacer(life that can be killed without punishment). In the war on terrorism, the production of bare life is mainly brought about by bureaucratic techniques of risk management and surveillance, which reduce human life to biographic risk profiles.     

Is Terrorism a Crime or an Aggravating Factor in Sentencing?

Common law systems, in criminal cases, distinguish between theguilt/innocence proceedings and the sentencing stage. This isnot the case in civil law systems where criminal trial consistsof a single phase, combining the inquiry into guilt with sentencing.Under common law practice many facts relevant for sentencingare considered irrelevant at the stage of finding guilt forthe commission of the crime. Aggravating elements, therefore,address a fundamental distinction of substantive criminal lawbetween guilt and dangerousness: guilt is a determination ofresponsibility for a prior wrongdoing; dangerousness is a speculativefuture determination. The intensification of terrorist activityin the past few years has made terrorism one of today's mostpressing problems. But is terrorism a crime or an aggravatingfactor in sentencing? In this article, the author challengesconventional wisdom regarding the meaning of ‘terroristcrimes’, by providing a conceptual understanding of ‘terrorism’,as well as articulating a theory of guilt. Terrorists seldomexpress ‘guilt’. The word ‘terrorism’describes, instead, an overriding motivation, a way of acting,rather than the objective circumstances of acting. Terrorismis nothing but common crimes although committed with an overridingmotivation of imposing extreme fear on the nation as such. Theauthor presents the conceptual grounds of the phenomenon ofterrorism as it has evolved through history, before enquiringinto the meaning of ‘terrorist crimes’: the overridingmotivation associated with the concept of terrorism constitutesthe degree of cognate dangerousness of terrorist crimes.     

Local law enforcement terrorism prevention efforts: A state level case study

Although law enforcement agencies across the nation have assumed part of the responsibility in the fight against terrorism, significant confusion exists as to the role of local law enforcement. While some agencies have taken steps towards terrorism prevention, little data has been collected on which agencies have taken the greatest steps, how those agencies have changed, and how other agencies should direct their activity. This case study of law enforcement census data from a single state considered variations in terrorism preparedness and predictors of preparedness. Agency size, presence of funding, and other variables significantly predict levels of terrorism preparedness. Important policy implications such as the distribution of funding and which agencies should be working towards terrorism preparedness are discussed.