非法持有宣扬恐怖主义、极端主义物品罪的规范限缩

持有行为入罪的正当性原理是行为对法益的抽象性危险。《刑法修正案(九)》设立的"宣扬恐怖主义、极端主义物品罪"不满足持有型犯罪的基本特征:"持有行为与实害结果的密接性",存在对法益保护原则稀释。究其原因,在于宏大反恐背景下对于安全价值的过度倾斜。罪状中规范性构成要件要素含义不明确以及本罪的"恐怖主义活动"属性,导致了实然上规制范围的非理性扩张和制裁程度的加重。基于法教义学的叙事逻辑,在我国现实的刑事立法下,理应对本罪的处罚边界进行规范性限缩,具体路径包括:构成要件要素的规范解释、"正当目的"的出罪机制以及"最后适用性"的潜在限制。     

They are from within us: CVE brokerage in South-central Somalia

ABSTRACT

This article explores how societal actors in Somalia take part in a transnational politics of countering/preventing violent extremism (CVE/PVE) through a political sociological approach to militarisation. We argue that the transnational politics of CVE represents an extension of global militarism by some states, institutions, donors and brokers. CVE works to adapt global militarism and to reconfigure the global-local relationships that sustain it. We explore the roles and influence of local ‘CVE brokers’ in deradicalisation efforts in South-central Somalia. They inadvertently merge the counter-terrorism approach to Somali people, values and territory with non-military means. We show that their key practices – co-ordination, translation and alignment – advance, but also disrupt, alter and transform CVE policy objectives.     

PREVENT: creating “radicals” to strengthen anti-Muslim narratives

“She is of good behaviour and a good Muslim. Against this background, I accept on the evidence before me that this defendant gathered together the contents of the SD card in order to explore and understand the charges which her brothers faced. There is no evidence that she was motivated by their ideology or was preparing to follow them.” The judge in the case of Umm Ahmed clarified to the court that she had not been involved in illegality or had any intention to pose a threat to the UK. Despite this recognition, he sentenced Begum to a 12-month prison term for possessing the magazine Inspire which she had been reading to understand her charged brother’s case. What is unknown is the story of how Umm Ahmed was subjected to a deradicalisation programme, under the auspices of PREVENT and CHANNEL, without any indication of actual involvement in terrorism. The use of deradicalisation narratives in schools, universities and hospitals has led to the criminalisation of large sections of the various Muslim communities in the UK. Based on our experience of cases such as Umm Ahmed, we hope to present a view of how an aggressive anti-Muslim narrative that is based on assumptions subverts the political expression/identity of individuals by turning them into potential threats. The advocacy group CAGE has been working with Umm Ahmed in order to highlight the abuse of the terrorism narrative in her case, but also to understand the actual implementation of PREVENT and CHANNEL beyond their conceptual promotion as a safeguarding tool. By understanding the everyday interactions with PREVENT, a picture can be formed of the way that a false presentation of narratives can lead to a person becoming an “extremist” or “terrorist”, while the truth may lie in a completely alternative place.     

MAINTAINING A UNITARY STATE: COUNTER-TERRORISM,SEPARATISM, AND EXTREMISM IN XINJIANG AND CHINA

This essay reviews the history of Uighur related terrorism in Xinjiang as well as elsewhere in China and discusses the political motivations and effectiveness of the Chinese government in suppressing terrorism. The essay assesses both the motivations of the Uighurs engaged in terrorism, as well as the motivations for counter terrorist by the Chinese authorities. A key objective of the essay is to determine what are the political and other reasons that drive the Chinese government’s counter terrorism strategy and tactics and whether these have been effective or counter-productive. The essay assesses the counter terrorism strategy of the Chinese government in Xinjiang Province and across China, the political motivations for the strategy, the impact and success or otherwise. The essay discusses if the government is combatting terrorism, or separatism, or extremism, the confusion of these terms, and whether this has had any impact on the effectiveness of counter terrorism.     

The electoral victory of the NPD in Saxony and the prospects for future extreme-right success in German elections

ABSTRACT

Largely because of Germany's traumatic experience of National Socialism, German extreme right-wing parties have remained a marginal post-war political phenomenon. The spectacular electoral victory of the Nationaldemokratische Partei Deutschlands (NPD) in the Saxon parliamentary elections of September 2004 (9.2 per cent of the vote) nurtured the fear that a far-right party could establish itself at the national level. Backes explains the election victory by relating it to a set of Saxon and Eastern German circumstances. He demonstrates that unfavourable conditions, which have so far prevented the establishment of extreme right-wing parties at the national level, still prevail. Against this background, he shows that the NPD's capacity for taking advantage of advantageous conditions (like economic problems and xenophobia, rampant in some places) reaches its limits very quickly.     

Who is the enemy now? Islamophobia and antisemitism among Russian Orthodox nationalists before and after September 11

In this article Verkhovsky focuses on Russian nationalist groups who base their ideology on the Russian Orthodox tradition. These Russian Orthodox nationalists should be distinguished both from those nationalists for whom Orthodoxy is clearly overwhelmed by the ideological demands of ethno-nationalism, as well as from those who use Orthodoxy simply as a popular symbol of national identity. Orthodox nationalists, moreover, are fairly independent of the Moscow Patriarchate and its ideology. The ideology of Orthodox nationalism focuses both on its principal enemy, the Antichrist, and on those enemies subordinate to the Antichrist: Jews, Catholics, the West, the New World Order and so on. In the mid-1990s Islam had no obvious place among this set of hostile forces. The Moscow Patriarchate and moderately nationalist politicians, relying to some extent on Eurasianist ideas, saw the relationship between Orthodoxy and Islam in Russia as a harmonious one, and, on the whole, Orthodox nationalists did not disagree, although individuals occasionally claimed that the Jews, using the West, were setting Islam against Orthodox Russia. The situation began to change during the second Chechen war, when Orthodox nationalists began to issue warnings of an Islamic threat. This was related not only to the situation in former Yugoslavia and in Chechnya, but also to an increase in the immigration of Muslims to ethnically Russian regions of the country. For Orthodox nationalists, this Islamic threat was part of the larger threat coming from the Jews and the West. Islam, they claimed, was being used as a tool by the Antichrist not only because it was a flawed religion, but because it, being less godless than the West, would produce radical Islamism as a synthesis of western technology and eastern passion. In the intense debates that followed in the wake of the attacks of 11 September 2001 most Orthodox nationalists in Russia supported adopting a neutral position in the supposed ‘clash of civilizations’ between Islam and the West.     

Anti-capitalism in the name of ethno-nationalism: ideological shifts on the German extreme right

ABSTRACT

Sommer examines the (re-)emergence of anti-capitalist and anti-globalization themes within the ideology and discourses of the German extreme right. He argues that it would be short-sighted to interpret this development simply as another opportunistic attempt by the extreme right to incorporate Zeitgeist issues into its political agenda in order to appeal to a broader spectrum of supporters. An analysis of the latest campaigns of the Nationaldemokratische Partei Deutschlands (NPD)—the most successful extreme-right party in recent years—as well as the activities of groups that exist within the larger German extreme-right milieu, the so-called freie Kameradschaften, reveals that the taking up of social questions as well as anti-capitalist and anti-globalization themes marks a deeper shift within the political agenda of the extreme right in Germany. However, the analysis shows that racist and antisemitic issues do not disappear with this shift, but are linked with and incorporated into anti-capitalist and anti-globalization discourses.     

Mismeasuring Militias: Limitations of Advocacy Group Data and of State‐Level Studies of Paramilitary Groups

The errors associated with measuring the number of militia and patriot groups may cast doubt on conclusions drawn from prior studies of the spatial variation of these movements. Most studies of militias have been qualitative investigations of a single group, state, or region. A growing number of studies, however, have used quantitative techniques to assess the hypothesis that the number of militia groups by state covaries with structural and cultural forces. We outline a number of concerns with the validity of the counts, conducted by the Anti‐Defamation League and the Southern Poverty Law Center, used by these studies. We re‐estimate models from previous studies using the four alternative measures of these groups employed in prior studies. We find that many inferences drawn for identical theoretical models differ based upon the measure used. These discrepancies apply not simply to tangential control variables but to indicators of key theoretical constructs. In other words, the decision as to whether or not a particular theoretical framework receives empirical support often depends upon which measure of the dependent variable is used. This suggests that the inconsistent findings in prior research may be due to measurement error and makes it difficult to assess the validity of the conclusions drawn from these studies. It is important to be aware of these weaknesses since scholars studying political crimes and related phenomena often use information from similar sources, making this specific example relevant to a more general area of research.     

Evola's interpretation of fascism and moral responsibility

ABSTRACT

The ideological influence that several right-wing radical thinkers exercised on the Norwegian ‘lone wolf’ terrorist Anders Behring Breivik raises the question of how far a writer can be held responsible for acts of terrorism s/he may have influenced. Italian history provides a vital lesson in this respect: namely, the role played by the Italian traditionalist Julius Evola in the crucial passage from Fascism to neo-fascism. After reviewing Evola's ideological development, Wolff then analyses Evola's influence on a young generation of neo-fascists in Italy. Another relevant topic is the ideological continuity between Fascism and neo-fascism identified here, as centred on Evola's view of ‘general fascism’ as the Traditional right.     

The Muslim paranoia narrative in counter-radicalisation policy

With the rise of the Islamic State of Iraq and Syria (ISIS), the issue of radicalisation has loomed large in Western policy debates. Recent summits on countering violent extremism have sought to highlight the importance of undermining extremist narratives, mobilising moderate Muslims who oppose ISIS and working to address drivers of radicalisation. This article explores the ideological underpinnings of this approach. It focuses on what I call the “Muslim paranoia narrative”, a recurring feature of Western radicalisation discourse that helpfully captures its ideological commitments and their contemporary significance. Analysing its manifestation in American political culture, I argue that the Muslim paranoia narrative indicates a powerful process of ideological reproduction that works against approaches to counter-radicalisation centred on engagement and collaboration with Muslim communities.