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International Terrorism and Security Law


Semesterangivelse: Efterårs kursus Kurset udbydes i skemagruppe B2

 


Udgave: Jura Kandidatuddannelsen 2012/2013
ECTS points: 10 ECTS
Punkter: 10 ECTS
Skemagruppe: B2

Semester:

Autumn
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.
Undervisnings- periode: Every tuesday 12-15
1. Day: Tuesday 4. september 2012.
Undervisnings- form: The course will be taught as a seminar. Instructors will present lectures followed by class discussions.
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.
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.
Kompetence- beskrivelse: 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
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.
Eksamensform: Oral exam with preparation 20 minutes
Eksamen: 10. - 14. December 2012 (preliminary dates)
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.
  • Sidst redigeret: 2/7-2012



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