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| Udgave: |
Jura Kandidatuddannelsen 2011/2012 |
| ECTS points: |
10 ECTS |
| Point: |
10 ECTS |
Semester: |
Autumn 2011 |
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| Uddannelsesdel: |
Kandidat niveau |
| Kontaktpersoner: |
Fagansvarlig: Jørn Vestergaard |
| Andre undervisere: |
Anders Henriksen, Ph.D.(Law); Peter Vedel Kessing, Ph.D., LL.M. (Law); Jørn Vestergaard, Professor of Criminal Law.
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| Skema- oplysninger: |
 Vis skema for kurset
Samlet oversigt over tid og sted for alle kurser inden for Lektionsplan for Det Jurdiske Fakultet (kandidat) Jura Kandidatuddannelsen 2011/2012 |
| Undervisnings- periode: |
Monday, 13-16
1. Day: Monday, 5. September 2011.
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| Undervisnings- form: |
The course will be taught as a seminar. Instructors will present lectures followed by class discussions.
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| Formål: |
The aim of the course is to provide students with a basic understanding of the issues in relation to anti-terrorism legislation in its social, political, historical, psychological and ethical context. The course will mainly focus on the policy objectives of anti-terrorism legislation and the implications of such legislation. The perspectives will include domestic, comparative, and transnational legislation. The impact of and effects on International Humanitarian Law and Human Rights Law will be examined. The challenges in regard to human rights and civil liberties in the fight against terrorism will be examined as well as the task of prosecuting and representing defendants charged with terrorist offences. The course will address fundamental questions in relation to the effectiveness and fairness of contemporary legislative initiatives in international settings and in a comparative perspective.
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| Indhold: |
The term "terrorism" has no universally accepted definition despite the fact that the phenomenon referred to as terrorism represents the largest contemporary security threat dealt with by many nations and global and regional organisations around the world, such as the UN, NATO, the Council of Europe, and the EU. Various legal definitions will be discussed.
The course will analyse international as well as domestic legal norms governing the initiation of war and the conduct of war in the fight against terrorism, as well as the interaction of these rules. Among the topics discussed are international customary law and treaties addressing the right to use force; the definition of self-defense; humanitarian intervention; the doctrine of pre-emptive strike; international and domestic laws governing the conduct of war; the treatment of prisoners of war and other detainees; international treaties and Security Council resolutions addressing terrorism; international cooperation in law enforcement and criminal matters; national legislation designed to increase domestic surveillance of citizens and non-citizens, intelligence collection and dissemination; the individual’s rights and civil liberties in an age of terrorism.
In particular, the available fora and forms of jurisdiction for the prosecution of terrorist offences, including ad hoc international criminal tribunals, national courts, hybrid tribunals, and other options will be presented.
Specialists within the field of international security analysis and management will be invited as guest speakers.
Course content:
- Introduction: Concepts and Trends.
§ Introduction to the course.
§ Globalisation, Islamic terrorism, Al Qaeda
§ Brief overview of the various international institutions and their means of response to international terrorism.
§ International terrorism and the various legal challenges.
- Defining Terrorist Offences.
§ Legal definitions: EU framework decision, COE Convention 2003 Protocol, UN conventions,
DK & other countries.
§ Terrorists – freedom fighters – state terrorism.
- Military Responses (jus ad bellum).
§ The right to use armed force to fight terrorism.
§ Scoundrel-states, weapons of mass destruction, liasons with terrorist organisations.
§ Diplomacy - Legal action - War.
§ Right to self-defence, humanitarian intervention, pre-emptive strike.
§ Case-study: U.S. efforts to eliminate the threats from Osama bin Laden and Al-Qaida, e.g.
Operation Enduring Freedom in Afghanistan (jus ad bellum).
§ Case-study: The invasion of Iraq 2003.
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International Humanitarian Law (jus in bello).
§ Status and treatment of detainees. Combattants - civilians - illegal combattants.
§ Torture and inhuman treatment.
§ The interplay between international human rights and international humanitarian law – complementarity or mutually exclusive?
§ Case-studies: Guantanamo. Abu Ghraib. Detention of Taliban and Al-Qaida members.
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Fora for Indictment.
§ National courts – ad-hoc tribunals – military commisions – court martials – ICC.
§ Case study: Prosecuting members of Taliban and Al-Qaida.
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Human Rights Perspective.
§ The fundamental schism: security vs. rights of suspects.
§ The eclipse of human rights.
§ Limitations of human rights in the course of the war against terrorism?
§ International coalitions – complicity in human rights violations.
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Torture and inhumane treatment. (Peter)
§ Counter-Terrorism and the right to freedom from torture and other inhumane
and degrading treatment
§ Definition of Torture
§ Excuses for torture – the ticking bomb situation
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Listing Organisations and Individuals.
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Preventing the Financing of Terrorism.
§ Freezing of Assets.
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Information Gathering and Exchanging. Police cooperation.
- Cooperation in Criminal Matters.
§ Jurisdiction. Extradition. Aut dedere aut judicare.
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| Kompetence- beskrivelse: |
International Terrorism – Legal Challenges
The objective of the course is to enable the students to:
- Explain the issues in relation to anti-terrorism legislation in its social, political, historical, psychological and ethical context.
- Analyse the policy objectives, the legal characteristics and the practical implications of international, transnational and domestic anti-terrorism legislation.
- Critically to reflect upon anti-terrorism legislation on International Humanitarian Law and Human Rights Law.
- Explain the relevant case law, e.g. of European Human Rights law and European Community law.
- Discuss the challenges in regard to human rights and civil liberties in the fight against terrorism.
- Critically to reflect on fundamental questions in relation to the effectiveness and fairness of contemporary legislative initiatives in international settings and in a comparative perspective.
- Present practical skills in identifying international sources of international anti-terrorism legislation and case law and improve competences in analysing, reporting and debating on central issues.
- Familiarizing students with the tasks of prosecuting and representing defendants charged with terrorist offences.
- Critically to put interferences by public authorities with civil rights in the combat of terrorism into perspective.
- Present potential solutions on how to regulate and balance the interest conflicts and legal clashes generated by the efforts to optimate public security and safety interests and at the same time protecting freedom of expression, right of privacy, freedom of religion, presumption of innocence and other fair trial interests, personality rights, protection of secrecy and confidentiality, property rights, minority rights and economic and commercial interests.
- Communicate and formulate her/his knowledge and arguments professionally and linguistically correct and in a way that is structured and coherent
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| Faglige forudsætninger: |
A fair knowledge of the English language is a minimum requirement. Students will be required to participate actively in class. Participants must have completed standard courses in basic Criminal Law and International Law. Foreign students are kindly asked to bring relevant provisions in their own national law etc. which covers rules on national jurisdiction and statutes covering anti-terrorism legislation. National casematerials are also welcomed.
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| Eksamensform: |
Examinations will be conducted orally. A relatively broad topic will be chosen at a random basis by the individual student. There will be 12-15 minutes time for preparation in camera. The actual examination will last for another 12-15 minutes. Three examinations will be conducted per hour, including assessment of the performance.
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| Eksamen: |
28.November-2. December 2011 (preliminary dates)
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| Kursus hjemmeside: |
 |
| Kursus hjemmeside: |
Fagets hjemmeside |
| Bemærkninger: |
When you participate in this profession, you may not participate in Guantanamo Bay and the Liberal Constitutional Order |
| Pensum: |
- IBA: International Terrorism: Legal Challenges and Responses. International Bar Association 2003.
This publication will be accessible at Absalon. It may eventually be purchased in Akademisk Boghandel. Alternatively the publication can be ordered from Amazon.
- Anders Henriksen, Peter Vedel Kessing & Jørn Vestergaard (eds.): International Terrorism – Legal Challenges. Course Materials. Faculty of Law. University of Copenhagen 2008.
Materials will be accessible on Absalon.
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| Sidst redigeret: |
3/12-2010 |