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.     

A plurality of total institutions: towards a comparative penology

Data were collected in five countries, Russia, Kazakhstan, Ukraine, Canada and France between 1996 and 2003. This was used to compare and assess prison social climates. A taxonomy of social climates based on different configurations of institutional and personalized trust is proposed. Relationships between, on the one hand, assessments of the social climate by inmates and staff, and, on the other hand, the overall stability of prison as a social institution are explored. It is argued that criteria for assessment do not have an absolute character; they depend on the external context, values and norms shared by inmates. Prison reforms might destabilize the situation if they fail to take into account mutual expectations of staff and inmates. This article is written as the significantly revisited and updated version of a section in the book ([21], pp. 138–150). Previously published materials are reprinted with a kind permission of Ashgate Publishing Ltd. I am grateful to the anonymous reviewer for a number of very helpful comments and suggestions. The author also thanks Sheryl Curtis, Theresa Heath-Rodgers and Anamika Twyman-Ghoshal for helpful suggestions in editing. However, remaining inaccuracies and mistakes are only my own.     

Should I stay,or should I go? self-legitimacy of attorneys in an authoritarian state

Crime, Law and Social Change - In non-democracies, lawyers face various constraints ranging from the absence of acquittals or violations of their clients’ rights to threats and criminal...     

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.     

SOVIET AGRICULTURAL POLICY IN THE 1980

During the early 1960s. the USSR entered a stage where the pent-up forces for a higher standard of living no longer could be ignored. These forces showed in an increased demand for high-quality food products, particularly meat, and raised Soviet demand for feed grains. The Soviets came to rely increasingly on the world grain market for these—particularly on the United States. Nonetheless, consumer discontent over food supplies and the reliance on imported grain was a strategic weakness which the United States sought to exploit in 1980. The USSR reacted by formulating a IIFood PrOgramI1 that is the basis of today's Soviet agricultural policy. Its implications for trade could be significant.     

Accountability for the use of algorithms in a big data environment

ABSTRACT

Accountability is the ability to provide good reasons in order to explain and to justify actions, decisions and policies for a (hypothetical) forum of persons or organisations. Since decision-makers, both in the private and in the public sphere, increasingly rely on algorithms operating on Big Data for their decision-making, special mechanisms of accountability concerning the making and deployment of algorithms in that setting become gradually more urgent. In the upcoming General Data Protection Regulation, the importance of accountability and closely related concepts, such as transparency, as guiding protection principles, is emphasised. Yet, the accountability mechanisms inherent in the regulation cannot be appropriately applied to algorithms operating on Big Data and their societal impact. First, algorithms are complex. Second, algorithms often operate on a random group level, which may pose additional difficulties when interpreting and articulating the risks of algorithmic decision-making processes. In light of the possible significance of the impact on human beings, the complexities and the broader scope of algorithms in a big data setting call for accountability mechanisms that transcend the mechanisms that are now inherent in the regulation.