反恐、保护人权与世界和平

从国际法,尤其是国际人权法的角度,探讨“反恐与保护人权与基本自由”的关系问题。文章认为,恐怖主义严重侵犯人权,但反恐与保护人权是相辅相成的关系,反恐措施不当也会侵害人权,并对国际反恐斗争产生严重负面影响。因此,在打击恐怖主义的同时,我们也要保护人权和基本自由,注意二者的兼容性,而不应顾此失彼。在国际层面上,国际联合反恐必须纳入国际法和国际反恐公约的框架内,应以促进和平与发展、保障基本人权为最终目的。这样才能实现反恐与人权保护的协调发展,促进世界和平与安全。     

以色列反恐政策演变及其评价

以色列建国后，其面临的恐怖主义威胁先后经历了三个不同阶段，与此相适应的以色列反恐政策也先后进行了多次调整。以色列反恐政策体系来自其长期的反恐作战实践，并深受其历史文化经历的影响，具有较强的适应性、综合性以及崇尚“先发制人”等特征。虽然以色列的反恐政策成功地维持了其社会的正常运转，但由于其反恐斗争仅是巴以冲突的一个重要组成部分，故而在巴以冲突得不到解决的情况下，它不仅无法走出诸多反恐“困境”，也难以获得反恐战争的最后胜利。     

Radicalisation and Higher Education: Students’ Understanding and Experiences

ABSTRACT

Since 2015 universities have been placed under a legal duty of “due regard to prevent people from being drawn into terrorism.”¹ This reflects the belief in UK counter-terrorism policy that radicalisation exists and can be countered. Advice to universities is largely silent on how this duty applies to teaching. Yet many degree programmes generate lectures and seminar discussions where views of an allegedly radicalised nature could be aired. This article presents focus group research which elicits students’ understanding of radicalisation, and provides insights into their experience of debating contentious issues such as identity, community cohesion, and the causes of terrorism. We argue that students’ understanding of radicalisation is conflated with extremism and we explore students’ anxiety about debating these issues and reliance on educators to create the right environment for such discussions. Finally, the data presented here challenges some of the assumptions underpinning contemporary counter-radicalisation policy in the domain of higher education, which are premised on ideas of active grooming. We argue that this does not accord with students’ own experiences, as they regard themselves as discerning, critical thinkers rather than inherently vulnerable to manipulation by those espousing violent extremist views.     

全球恐怖组织合作特征分析——基于社会网络分析的视角

运用社会网络分析方法,从整体结构、"小团体"、核心节点以及时间演化四个方面分析全球恐怖组织合作网络的结构特征,可以发现:合作已然成为恐怖组织间的发展趋势;合作网络具有无标度网络特征;网络内部派系分化明显;随着时间推移,网络规模不断扩大,整体联系降低,但节点的聚集程度上升。在制定打击恐怖主义措施时,应注意发动信息战,破坏恐怖组织间的合作;打击合作网络的集散节点,抑制网络的快速发展;分化瓦解合作网络,形成小规模的"派系网络";依据打击合作网络的性能要求,选取合作网络的特征节点作为打击目标。     

Medico-political metaphors of counter-terrorism: The case of Turkey

ABSTRACT

Medico-political metaphors can be defined as the organic imagining of a society (re)creating a normative distinction between identity and difference and mobilising specific types of political answers in which threats are constructed through organic language. Accordingly, society is made to resemble a body, thus creating a sense of unity, integrity and finitude, while terrorism is made to resemble a “pathology” that “infects”, weakens and ultimately destroys the healthy social body. In this narrative, “terrorists” are rendered as abnormal and external, and thus terrorism is depoliticised. It is fictionalised as a “technical” issue necessitating expert intervention, in a manner resembling the doctor-patient relationship. To date, there has been little research on the interaction between this organic understanding of society and the Turkish experience of counter-terrorism practices. Therefore, taking as its context the Syrian civil war, this article aims to analyse how medico-political metaphors in the counter-terrorism discourse of the Turkish government function as boundary-producing practices. The article critically assesses how medico-political metaphors in terrorism discourse (re)constitute a power relationship through abnormalisation, externalisation and depoliticisation, and thus contribute to Critical Terrorism Studies by highlighting how policy makers use medico-political metaphors to constitute a reality about terrorism in order to mobilise certain political responses.     

东盟区域反恐合作机制的演变与发展

随着恐怖主义活动的多样化以及国际网络化,反恐一直是东盟地区安全问题的重要主题,东盟不断发展和完善的合作机制对在该地区打击恐怖主义、维护地区安全与稳定方面起到了重要的作用。该地区打击恐怖主义的行动已从"单独行动"或者"双边合作"转变到"区域合作"之中,形成了以东盟为主导的系统的地区合作机制。     

价值抉择:反恐措施与刑事诉讼——以美国法为范例的检讨与反思

反恐措施对刑事诉讼领域的入侵,对程序正义和人权保障提出了前所未有之挑战。监听、搜查、羁押、司法审查、法庭审判、证据规则等刑事诉讼基本制度受到猛烈冲击并对人权保障产生直接影响。美国的反恐怖立法及其司法实践的变革,成为全球的焦点,也成为该领域的典型范例。这种变革的背后是深层价值选择,是正义和功利之间的博弈引领美国反恐怖立法和司法的走向,而尊严价值的勃兴为程序正义的重新抬头奠定了理念基础。我国刑事诉讼理念更新和立法完善应当引以为鉴,对恐怖犯罪作出合理的反应。在平衡理念之下,程序正义的内在价值决不能向打击犯罪的功利需求轻易低头。     

Resisting the advance of the security state: The impact of frameworks of resistance on the UK'S securitisation agenda

From the turn of the new century, the UK witnessed an unprecedented advancement in the state's security apparatus. These developments and their human rights implications have been extensively documented by the socio-legal and wider academic community. However, less well-understood has been the forms of resistance which have placed fetters on the operation of state powers. This article identifies three dominant frameworks through which resistance to the ‘securitisation agenda’ has materialised. In doing so, we assess the relative ‘successes’ and ‘limitations’ of each framework. Ultimately, we seek to identify the frameworks that offer the greater transformative potential in promoting alternative forms of security to those promulgated by the ‘new terrorism’ discourse.     

Muslim communities attitudes towards and recruitment into the British police service

Recent UK media reports have often portrayed Muslim communities in a negative light (Allen, 2010). Indeed, the frequent media focus of Muslim's being arrested for counter-terrorism offences have been reported in great length. Yet the Muslim community remains diverse and is one of the longest established UK communities within Britain. However, previous studies show that there remains a tense relationship with the police and Muslim communities (Awan, 2011) with negative attitudes held by many young British Muslims towards the police (Kundnani, 2009), and indeed negativity remains stronger from young people from minority ethnic communities. The focus and aim of this research was to gather perceptions from the Muslim community in Birmingham as regards whether they would choose or recommend a career within the police service. Thus the objective for the study was to try and get a better understanding of Muslim perceptions about police recruitment.This article reports on the findings and implications of a small-scale study conducted in 2011 comprising of interviews with two Muslim groups namely the Bangladeshi and Pakistani communities from Birmingham (in the UK), where 20 people were interviewed in four groups consisting of (5) participants. The categories included Young People (aged between 15 years and 18 years); Community Leaders; Mosque Representatives and Female Groups (aged between 18 years and 30 years) which aimed to identify and gather the views of Muslim communities in respect to their views about choosing a career with the police service. Analysis revealed that the Muslim community responded in a fairly homogeneous way: they had a lack of trust towards the police and also issues were raised about the legality of counter-terrorism policing operations; a perception that the police service were a racist organisation and that the police had failed to engage with the Muslim community in Birmingham which had left a negative experience of Muslim communities and the police.³ Recommendations to improve the image and recruitment into the police service include more pro-active work with local communities and the use of community policing as a means to reach out to otherwise ‘hard to reach groups’.     

Judicial Responses to Counter-Terrorism Law after September 11

The role of the courts is quite important, especially in the protection of individual rights and liberties. Many counter-terrorism policies implemented at the national level often infringe on these rights, and courts are the best line of defense against these violations of liberty. However, courts do not always rule in favor of liberty, sometimes ruling in favor of a strict government policy. This analysis seeks to explain the conditions that may lead courts to rule in favor of, or against, the government, arguing that political fragmentation is a potentially key factor in determining when particular case outcomes occur.