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。     

Cyber terrorism challenges: The need for a global response to a multi-jurisdictional crime

With the widespread concerns about cyber terrorism and the frequent use of the term “cyber terrorism” at the present time, many international organisations have made efforts to combat this threat. Since cyber terrorism is an international crime, local regulations alone are not able to defend against such attacks; they require a transnational response. Therefore, an attacked country will invoke international law to seek justice for any damage caused, through the exercise of universal jurisdiction. Without the aid of international organisations, it is difficult to prevent cyber terrorism. At the same time, international organisations determine which state court, or international court, has the authority to settle a dispute. The objective of this paper is to analyse and review the effectiveness and sufficiency of the current global responses to cyber terrorism through the exercise of international jurisdiction. This article also touches upon the notion of cyber terrorism as a transnational crime and an international threat; thus, national regulations alone cannot prevent it. The need for an international organisation to prevent and defend nations from cyber terrorism attacks is pressing. This paper finds that, as cyber terrorism is a transnational crime, it should be subjected to universal jurisdiction through multinational cooperation, and this would be the most suitable method to counter future transnational crimes such as cyber terrorism.     

Bankrupting Terrorism: The Role of US Anti-terrorism Litigation in the Prevention of Terrorism and Other Hybrid Threats: A Legal Assessment and Outlook

Global terrorist networks are dependent on receiving financial support from a variety of sources, including individuals, charities and corporations. Also known as terrorist financing, the potential of terrorism finance to resemble a global threat has been recognised and also its closeness to other international crimes such as money laundering and organized crime. As a result, possible responses have to constitute co-ordinated, multi-lateral and multi faceted actions under the umbrella of a wide range of international stakeholders such as the United Nations Security Council and the Financial Action Task Force. Combating terrorism requires a ??holistic?? approach which allows for a mix of possible responses. Besides ??kinetic?? security operations (such as targeted killings) and the adoption of criminal prosecution measures another possible response could be the use of US styled transnational civil litigation by victims of terrorism against both, terrorist groups and their sponsors. Corporations, both profit and non profit, such as banks and other legal entities, as well as individuals, are often complicit in international terrorism in a role of aiders and abettors by providing financial assistance to the perpetrators (cf. UN Al-Qaida Sanctions List: The List established and maintained by the 1267 Committee with respect to individuals, groups, undertakings and other entities associated with Al-Qaida). Such collusion in acts of terrorism gains additional importance against the background of so called ??Hybrid Threats??, NATO??s new concept of identifying and countering new threats arising from multi-level threat scenarios. This article discusses the potential impact of US terrorism lawsuits for the global fight against terrorism.     

“Shaping history” or “Riding the wave”?: President Bush's influence on the public opinion of terrorism, homeland security, & crime

The theory of presidential influence over public opinion is used to predict the impact of presidential rhetoric on the public's concern for terrorism, homeland security, and crime as the “most important problems facing the country.” Using OLS time-series regression, the authors find consistent results that President Bush influenced public opinion in relation to terrorism, homeland security and crime, despite the overwhelming events of September 11th and its impact. The article concludes by discussing the president's ability to shape events and how some events shape the presidency.     

恐怖主义犯罪应对模式研究

司法模式、战争模式、治理模式是三种应对恐怖主义犯罪的模式。司法模式把恐怖主义界定为一种犯罪行为。为此反恐是侦查破案与打击犯罪的问题。此模式核心是恢复法律的权威,维护社会治安秩序。战争模式把恐怖主义界定为一种战争行为。为此反恐是打败或消灭敌人、取得战争胜利的问题。此模式核心是打击、歼灭恐怖分子并取得战争胜利。治理模式把恐怖主义界定为国家安全治理方面的缺失、低效或失败及其导致的对民众安全服务的缺失与低效。为此反恐是加强和改善有关恐怖主义问题的治理,以提供更有效的安全服务。此模式核心是塑造一种安全环境。治理模式对于恐怖主义及反恐问题界定不同于战争模式、司法模式。这种界定具有决定性影响。其直接决定这三种反恐模式在视野、目标、思路、标准、力量、措施与手段、时间维度、战略角度、精神层面等方面的不同。     

海盗行为和海上恐怖主义行为的比较研究

海盗行为和海上恐怖主义行为受国际政治经济因素的影响,近年来在国际上呈现愈演愈烈之势。本文通过对国际条约中有关两者的定义和主要管辖机制的对比分析,试图找出两者的共同之处,以期对打击两种犯罪提出建议。     

威胁我国安全的恐怖主义特点分析

恐怖主义对我国的威胁日益突出，对国家安全、社会稳定和人民生命财产安全构成了严重危害。威胁的主要来源，一是国际恐怖势力和极端组织实施的恐怖活动；二是境内外民族分裂势力实施的恐怖活动；三是邪教组织实施的恐怖活动；四是黑社会等严重刑事犯罪组织和其他极端分子实施的恐怖活动。威胁我国安全的恐怖主义除了具有一般恐怖主义的政治性、暴力性、刑事违法性等共同特征以外，还具有主体结构多元、国际背景复杂、宗教色彩浓厚、组织运作联合、方式手段诡秘、发展态势趋强等突出特点。     

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.     

Crime‐Control in the Post‐Wall Era: The Menace of Security

Over the past ten to fifteen years, an increasing number of social issues have become linked, and then subordinated, to security policy. This policy area has witnessed a paradigm shift, with the emergence of a new security mentality. The crumbling of the walls built up during the Cold War, and the collapse of the Soviet empire, meant the disappearance of the East versus West polarity. And as this world order, based on a balance of terror, passed into history, the nature of the global threat situation was transformed. The antagonisms of the Cold War had hardly had time to cease creating fear before new threat images emerged onto the scene. Unlike the Cold War situation, where world peace was threatened by a frenetic arms race between two highly concrete superpowers, the perceived threats of the 1990s became increasingly vague. The military menace was superseded by what was said to be a much more diffuse criminal threat. For what is it that lies concealed behind such concepts as ‘cross‐border crime’, ‘organized crime’, ‘terrorism’ and the like? Previously, security policy analysts had been able to localize the source of a given threat with precision. Their benchmark was now gone, however. Once the established geographical demarcations between Us and Them ceased to apply, it was found that the enemy might instead be in our midst.     

略论反恐多边条约的国内实施

国际恐怖(主义)犯罪是目前日炽的一种国际犯罪,国际社会非常重视对恐怖(主义)犯罪的惩治、预防和打击,缔结了一系列反恐多边条约。反恐多边条约的实施主要是缔约国的实施(即国内层面上的实施),可以分为直接实施和间接实施两种模式。反恐多边条约的国内实施于惩治和预防国际恐怖主义犯罪发挥了重要作用。反恐多边条约在我国得到了很好的实施,但在实施过程中仍存在某些弊端或不足,亟须完善,关键是要尽快制定一部专门的反恐特别法。     

All Citizens are Created Equal,but Some are More Equal Than Others

Nationality is the legal bond between a person and a state that connotes full and equal membership of the political community. Yet, in the practice of states, not everyone who is admitted as a national enjoys the full package of rights attached, nor the same security of status. The phenomenon of inequality among citizens is particularly apparent when examining the question of how protected the legal bond itself is: citizenship by birth is more secure than citizenship acquired otherwise—such as by naturalisation—and mono citizens are less prone to withdrawal of nationality than persons with dual or multiple nationality. As nationality revocation gains new attention from states as a tool to counter terrorism, prompting much political, public and academic debate, the reality that this measure often applies only to particular sub-groups of citizens demands closer scrutiny. This article explores how law and practice on citizenship deprivation is to be evaluated against contemporary standards of international law. While states justify unequal application of citizenship deprivation measures by invoking the duty to avoid statelessness, this article shows that the application of other international standards such as non-discrimination and the prohibition of arbitrary deprivation of nationality calls into question the legitimacy of citizenship stripping as a security instrument. Finally, the article reflects on the broader implications of the current trend towards greater inequality of citizenship status as a reaction to the perceived threat that terrorism poses to the integrity of the state, discussing how the creation of different classes of citizen is in fact likely to have a deeper and more lasting impact on the foundations of liberal democracies.

     

The Local Role in Homeland Security

There has been considerable discussion since September 11 of the enormous resource that local police potentially represent in the fight against terrorism. This article identifies limits to the local role in homeland security by analyzing a case study of Dearborn, Michigan. Partly because Dearborn is home to one of the largest concentrations of Arabs in the United States, its experience with homeland security highlights two kinds of burdens that cities incur when they engage in proactive surveillance to identify potential terrorists: damage to their reputation (since police surveillance implies that its objects are not trustworthy) and damage to police legitimacy (since new surveillance may undermine trust between police and the community). Because the benefits of efforts to identify terrorists typically accrue to jurisdictions other than the one that engages in it—unlike street crime, terrorism is a national or even international problem—local governments have little reason to pursue it. Instead, cities such as Dearborn have reason to emphasize what I call the "community protection" aspects of homeland security, such as target hardening and emergency response. This finding has more general implications for our understanding of the police role and the politics of policing, showing how both are shaped by the structural location police occupy in federalist systems of government.     

国际恐怖主义与国家自卫

国际恐怖主义的共同特征是 :行为关涉两个或两个以上国家 ;目标具有明确政治性 ,指向外国国家 ;主体多元 ,既有个人也有国家。国际恐怖主义属国际犯罪。国家对国际恐怖主义可以行使自卫 ,但必须有充分理由证明国际恐怖主义是由一个国家实施的或在国家支持下进行的。美国对阿富汗的军事行动可认为是自卫。     

The Impact of Technology and Communications upon International and Transnational Terrorism

The purpose of this inquiry is to examine the nature of terrorism, primarily in European and Western industrial nations. Specifically the article (1) examines the impact that has resulted from technological advances in communication and weapons and (2) discusses the necessity of international cooperation in the effort to defeat terrorism. The article documents that terrorism is a serious threat to Western democracies including the United States as well as an international threat. The conclusion of the article is that it has become more difficult to counter terrorism due to technological advances which have delivered greater destructive power into the hands of a few fanatics. The primary technological effects discussed are (1) those relating to communication which has enabled terrorists to establish a “world-wide network” and (2) the addition of toxins and nuclear weapons to the arsenal of the terrorist. As an international problem, however, the difficulty of countering terrorism is not rooted in the technological sophistication of the terrorist but in international disputes about the question, “what is terrorism”. Nations appear to be unable to mount an international assault against terrorism due to the great difficulty of arriving at a commonly accepted definition of terrorism. This article discusses the obstacles to defining terrorism encountered by the international community and the role that bilateral and multinational agreements have played in countering terrorism.     

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.     

Sustaining freedom,security and justice – from terrorism to immigration

This article focuses on two areas central to sustaining freedom, security and justice: terrorism and immigration. Their inter-relationship and the instruments and measures adopted to prosecute them have significantly advanced judicial co-operation, communitisation of security, and re-assessment of the nature and requirements of EU governance in an EU committed to human rights, liberal democracy and realising sustainable freedom, security and justice. The article outlines the background to EU involvement in judicial co-operation. It then explores EU competence, instruments and measures developed to (i) combat terrorism and international organized crime; and (ii) immigration and asylum. It concludes that the inextricable linkage between the two has serious implications for future EU democratic governance. This revised version was published online in August 2006 with corrections to the Cover Date.     

毒品问题与安全

毒品在全球泛滥,危害着人类安全;吸毒耗费了巨额财富,禁毒需要大量资金,毒品影响着各国经济发展。同时,制毒、贩毒助长国际恐怖活动的蔓延,使国家安全受到了威胁;毒品引发了各种犯罪与社会不稳定因素。冷战后国际禁毒合作加强,但由于毒品问题的跨国性、复杂性,毒品问题还将长期存在。     

Transnational organized crime and gun violence. A case for firearm forensic intelligence sharing

A threat to the safety of citizens in any country, the criminal misuse of firearms presents a wider danger to a nation's security, peace, stability and development. Firearms and their related evidence know no borders. It is not uncommon to find the murder weapon from a shooting in one city ending up in another city, country, or continent. No country remains unaffected by firearm violence. This paper describes how transnational organized crime and gun violence are interrelated, and makes the case for the international sharing of firearm forensic intelligence through Interpol's IBIN Program as an integral component of an intelligence-led policing strategy to combat cross-border gun related crime. With such a strategy in place, internationally mobile criminals who use firearms to further their illicit activities can no longer escape detection.     

非传统治安论

非传统治安是指在经济全球化和社会信息化形势下,伴随国际关系格局大调整和国内社会大变革过程而产生的社会治安新问题、新形态、新观念、新战略。非传统治安问题主要包括恐怖主义、宗教极端主义、民族分裂、毒品走私、网络攻击与计算机犯罪、地下经济与非法洗钱、经济金融危机与社会动乱、环境破坏、资源争夺与重大安全事故及群体性事件、人口膨胀与非法移民、流行疾病与社会稳定等问题。这些非传统治安问题具有暴力性和非暴力性交织、跨国性扩散和网络化传播、连锁性影响和迭加性威胁、潜在性积累和突然性爆发等特点。制定实施非传统治安战略应当树立科学的大治安观;正确处理国家安全与社会治安、非传统治安与传统治安的关系;完善国内国际法制,为应对非传统治安问题提供法律依据;建立应对非传统治安问题的政府危机管理机制;以及加强应对非传统治安问题的国际合作,等等。     

Film Review

Piracy is far from a new phenomenon (with records of piracy dating back to the 1600s), yet over the course of the past decade, it has become a focus of the international political community. Drawing from Foucault and Gramsci, we suggest that the ‘problem’ of piracy today, in particular off the coast of Somalia, is framed in a discourse to reify and support a broader ‘regime of truth’ embedded in global state-corporate economic interests. We further suggest that equating the Somalia piracy to terrorism and as a global threat to peace and maritime security serves as the political discourse designed to legitimate militarized policy responses rather than addressing the underlying conditions in Somalia that are facilitating the instances of piracy. While piracy was once a state-organized crime committed for the purposes of capital accumulation, the current framing and overly militarized responses are based on protecting states’ capital interests rather than addressing the root of the problem at hand, inadvertently providing a venue under which the conditions and ongoing deterioration of the Somalia state not only continue but remain marginalized and unaddressed.