This thesis examines a number of closely connected counter-terrorist executive mechanisms in the United Kingdom (UK) and the manner in which they are administered, in order to evaluate the implications of the mechanisms for, and ultimately their compatibility with, the right to a fair trial under international human rights law (IHRL). More specifically, this study critically analyses Control Orders, Terrorism Prevention and Investigation Measures (TPIMs), and Temporary Exclusion Orders (TEOs). For reasons made clear in this thesis, these mechanisms are termed ‘counter-terrorist hybrid orders’ and are collectively analysed as such. As the study identifies a number of issues pertaining to the current design and administration of these mechanisms that can adversely affect the right to a fair trial, the thesis argues that they should be substantially reformed to make them more consistent with IHRL fair trial standards. Moreover, the thesis examines how these mechanisms, as they are currently designed and administered, have been accepted in a legal system with a recognised and long-established attachment to upholding high human rights standards. Having identified, generated and analysed a substantial body of research to perform this task, the thesis argues that the acceptance of the mechanisms as they are currently administered may have occurred as a result of the establishment of a state of ‘perpetual quasi-emergency’. This denotes a particular legal phenomenon in which the UK has responded to an evolving legal problem, namely, how to deal with terror suspects who cannot be prosecuted, deported, or indefinitely detained, in a manner that, whilst being grounded in law, actually resembles the behaviour of States enduring ‘prolonged emergencies’. The thesis asserts that the state of perpetual quasi-emergency, which creates the space necessary for the acceptance of these mechanisms, was established and is preserved by a number of legal and extra-legal factors. As such, some of the research, analysis and methods used to evaluate the phenomena in this study represents an original contribution to knowledge. This study encompasses a variety of approaches in order to examine a particular type of counter-terrorist power, the implications of these mechanisms for the right to a fair trial under IHRL, and the relationships between these issues and wider society. The study requires traditional doctrinal analysis when exploring what the right to a fair trial in the context of national security entails, and in order to examine the various counter-terrorist hybrid order regimes in light of this framework. When assessing what factors may play a role in the establishment and preservation of the state of perpetual quasi-emergency, the study necessitates methods which are less doctrinal and more socio-legal in nature.

This thesis examines how secrecy and absence shape the representation of covert counter-terrorism in the public sphere. Contemporary covert practices, from missile strikes by unmanned aerial vehicles to special forces 'kill/capture' operations, have come to exemplify U.S. counter-terrorism in public debate. This is significant because these practices shift the ethical stakes of witnessing state warfare. Previous scholarship on war and news media has argued that public glimpses of state violence, alongside official declarations, can demonise or dehumanise the targets of such violence, and thus prompt witnesses to accept the state's rationalisation of these actions and the use of secrecy. News coverage of contemporary covert action, however, offers no such glimpses. Instead, coverage draws primarily upon residue: the rumours and debris left behind. By applying this concept of residue to drone strikes, the special forces raid that killed Osama bin Laden, and kidnap rescue efforts in the Sahara-Sahel, the thesis argues that it is all this speculation, rubble, and empty space, rather than the state itself, which signifies to newsreaders the possibility of state secrecy. That suspicion of secrecy then frames the absences in this residue, the conspicuous lack of certain bodies and objects. Secrecy makes those absences appear suggestive, in that the latter cannot publicly corroborate different aspects of these unseen events. This allows residue to intimate – to hint at unverifiable ideas about that which is absent, in a way which can undermine more explicit claims and justifications of what has taken place. To examine how this dynamic reframes the ethics of witnessing, the thesis develops an historical affiliation, a method of linking disparate practices of violence based on similar representational qualities, in order to examine whether witnessing is being shaped by these qualities in obscured or unspoken ways. This affiliation is made between representations of covert counter-terrorism and those of lynching in the United States in the late nineteenth and early twentieth centuries. Despite their differences, in both cases unseen violence and absent bodies are represented as significant in their being disconnected from wider society and difficult to comprehend, to understand how and why the violence takes place. This occurs in today's counter-terrorism through hints and allusions from absence, which represent these covert events as physically intangible. As with lynching, violence and its casualties are implicitly represented in their absence as reflecting the public's intellectual and moral distance from the practice. This takes covert counter-terrorism beyond a binary of fostering assent or dissent towards the state. Instead of prompting newsreaders' complicity with state narratives for its actions, residue intimates doubts and unspoken possibilities about these events that curtail their rationalisation. Insodoing, however, these representations marginalise the violence inflicted upon casualties from ethical consideration. They do so while obscuring how that marginalisation occurs, as newsreaders are prompted to see themselves as distanced from these events and to focus upon that distance, rather than on how absences are being given significance in the public sphere. Using the historical affiliation with lynching, the thesis concludes that an ethical witnessing of covert counter-terrorism through its residue cannot be based on an attempt to recognise and 'recover' lived experiences of suffering from rumours and debris. Rather, ethical witnessing would involve an awareness of how distance is constructed through that residue, and how this gives unspoken meaning to absence.

While the limited number of scholars in the field of EU intelligence cooperation tend to have a rather state-centric view and focus on the normative (trust) or the functional (efficieny) dimension of intelligence cooperation, this study contributes to the field by focusing solely on the institutional structure of Europol. The purpose of this study is to examine why the Europol established the European Counter Terrorism Centre and why it is not addressing the interconnectedness between terrorism and organized crime. In order to address these questions, the theoretical framework of historical institutionalism has been applied and the notion of path dependency plays a vital role.  The study rests on a qualitative single case study design and the disciplined configurative-model is used to fulfill the research objective. The researcher traces the process in a historically chronological order and uses pre-existing materials in order to uncover explanatory findings. The study concludes that the theoretical framework of historical institutionalism and the notion of path dependency can explain the research problem and the research questions. The findings prove that Europol is a highly reactive institution in terms of its counter-terrorism arrangements and that historical perceptions play a significant role and inevitable leads the institution onto a path dependent track.

The death of Ian Tomlinson at the G20 protests in London in April 2009 triggered a haemorrhaging of public confidence in public order policing. The protests were swiftly followed by a plethora of official inquiries and reports tasked with investigating the legitimacy of existing public order policing tactics and the associated mechanisms of accountability. Events since Tomlinson’s death indicate that this is an issue that is unlikely to dissipate any time soon. Dramatic footage taken during the 2010-11 student protests, including police officers charging protesters on horseback and dragging a disabled activist from his wheelchair, attracted widespread condemnation. The on-going revelations into the activities of undercover police officers suggest that such practices may be the tip of the iceberg. These disclosures have caused a serious crisis of legitimacy for an institution supposedly founded on a principle of ‘policing by consent’. Paradoxically, these developments have occurred during a period in which the right to protest is for the first time reflected in law. In October 2000 the much trumpeted Human Rights Act 1998 (HRA 1998) came into force in England and Wales, incorporating into domestic law the rights and freedoms enshrined in the European Convention on Human Rights (ECHR). Although the ECHR does not establish a legal right to protest per se, it does guarantee positive rights to “freedom of expression” and “freedom of peaceful assembly”, as well as prohibiting arbitrary state interferences with an individual’s liberty and security, thought, conscious and religion and right to privacy. The HRA 1998 appeared to mark a radical departure from the traditional approach and was celebrated as signalling a “constitutional shift” in the state’s approach towards public protest. A principle aim of this thesis is to examine the impact of the HRA 1998 on the regulation of public protest in England and Wales. Whilst a growing body of academic literature has analysed public order law and policy against abstract human rights principles, relatively few have attempted to ground the analysis in the experiences of protesters. This thesis seeks to begin to fill this lacuna. Moving away from a doctrinal analysis of human rights law, I utilise a socio-legal framework to examine contemporary developments in the regulation of public protest in the context of a view from below. Drawing on extensive ethnographic data and analyses of policy documents, newspaper reports, case-law, legislation and Hansard, I adopt a critical normative perspective to assess the legitimacy of the current restrictive interpretations of human rights principles in legal, political and policing-policy discourses.

This thesis argues that a tension exists between a new individualized norm of security within the counter-terrorism context and human security framework of the United Nations Security Council, focusing on the implications of the resolution 1267 counter-terrorism regime. This topic is of particular relevance as the threat of terrorism continues to grow and evolve. While the human security framework has been well studied, the individualization of security through counter-terrorism is a more recent development, and its tensions and implications have not been fully considered. This thesis uses a discourse analysis in order to demonstrate that counter-terrorism is constructed as a norm, and that there has been a shift in norms within the UN Security Council in relation to counter-terrorism and human rights. It will trace how a set of norms has emerged in order to make terrorism a part of the Security Council’s agenda, and how and why these have changed. In order to trace these norms, terrorism has been separated into two stages: state-sponsored and international terrorism, where terrorism was viewed as a threat stemming from state-governments and; transnational terrorism, where it was viewed as a trans-border threat arising from individuals. Within these stages, the objectives, targets and tools of the Council’s counter-terrorism policies will be studied in order to demonstrate how they work together to reinforce a norm. The analysis will be used to show how the case of Kadi v. Council and Commission came about in the transnational terrorism stage as a direct result of the Security Council’s counter-terrorism regime and its alleged breach of human rights. The Kadi case demonstrates that a tension does exist between the norm of individualization of security within the counter-terrorism context and the human security framework.

Critically analyzes the existing legal framework for counter terrorism in Uganda and draws from relevant regional and international instruments related to the topic. In conducting this analysis, the author assesses the conformity of the antiterrorism legislation in Uganda in comparison with relevant African states. Uses regional and international counter terrorism frameworks. Also examines the human rights implications of practically enforcing these legislations. Lastly, the author compares international and regional human rights standards and best practices in combating terrorism in other parts of the world. / A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Henry Onoria, Faculty of Law, Makerere University, Kampala, Uganda. / LLM Dissertation (Human Rights and Democratisation in Africa -- University of Pretoria, 2009. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

In the wake of the 11 September 2001 attacks in the United States (U.S.), many states, responding to United Nations (UN) Security Council Resolutions, began to adopt an increased array of counter-terrorism measures.The Security Council had not in the beginning pre-empted the risk of counter-terrorism measures violating counter-terrorism human rights as it failed to immediately refer to states‟ duty to respect human rights in their responses to terrorism. It was only in 2003, in Resolution 1456, that the Security Council stated such duty by providing that „states must ensure that any measures taken to combat terrorism must comply with all their obligations under international law, in particular international human rights, refugee and humanitarian law". / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010. / Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof. Nii A. Kotey, Faculty of Law, University of Ghana. Ghana. 2010. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

This essay examines the institutional coherence between the European Union’s Common Foreign and Security Policy (CFSP) and the field of Justice and Home Affairs (JHA), in order to combat jihadist terrorism. Coordinated instruments between the two policy areas are vital in order to maintain internal security within the European Union (EU) in its war against terrorism. However, as a result of several terrorist attacks in 2015, discussions surrounding the disintegration of the union have increased. This is paradoxical when looking at the strengthening of CFSP, an intergovernmental policy area, after 2015. By analysing the measures taken by the EU to counter terrorism in the wake of the terror attacks in Paris and Brussels in 2015 and 2016, it shows that CFSP-actors are becoming increasingly important in developing EU’s anti-terror policy. The result mainly concerns intelligence sharing and formal diplomacy, which blurs the boundaries between internal and external security. The result was achieved through a qualitative theory-consuming case study using neo-functionalism as a theory. The following research questions were asked: ‘’Has the CFSP, together with the JHA, been coordinated in a supranational manner to counter future terrorism in the wake of the terror attacks in Paris and Brussels 2015-2016?’’ and ‘’What driving forces can be identified for, or against, a supranational policy between the JHA and CFSP, from a neo-functional perspective?’’

The purpose of this study was to analyze local law enforcement's counter-terrorism capabilities as it relates to the varying size of United States local law enforcement agencies. Data for the study came from a study entitled "Impact of Terrorism on State and Local Law Enforcement Agencies and Criminal Justice Systems in the United States, 2004". Statistical analysis revealed that there are large disparities in the allocation of resources to intelligence gathering, analyzing, and sharing between smaller local law enforcement agencies and their larger counterparts. Furthermore, smaller agencies are not interacting with federal agencies in a manner consistent with the interactions between larger agencies and federal authorities. However, the study did reveal officers in smaller local law enforcement agencies have undertaken the duties of homeland security on a level commensurate with those in larger local law enforcement agencies.

Nowadays, terrorist crimes are still threatening global security. Since the 21st century, with the rapid development of modern science and technology, such as "Internet +", "big data" and "artificial intelligence", along with the changing political situation of international society, the global distribution of economic benefits, and the global flow of civilization and culture, it has brought about information sharing and a better life in human society. At the same time, it has spawned the form innovation of terrorist crimes. Terrorism is increasingly threatening non-traditional security areas. The non-traditional security theory transcends the concept of national boundaries and the limitations of national sovereignty, and examines the security construction of various countries from the perspective of global security. It focuses on a wider range of fields, a wider vision and a deeper depth, and is a kind of "shared security". Terrorist crimes challenge international authority, national sovereignty and tolerance for crimes, and affect the development of many fields in the world, which belongs to the non-traditional security field. Because of its inherent destructive, violent, dual-purpose, international and decentralized characteristics, for many years, the global defense against terrorist crimes has formed three paths: "war path", "criminal justice path" and "global governance path". From the reality, the path of war is a last resort in the current global counter-terrorism, but it is not worth vigorously promoting. Criminal justice path can effectively reduce the operation cost of counter-terrorism measures, is conducive to the realization of human rights protection, and is the main counter-terrorism means, but it is still insufficient to deal with terrorist crimes, and must be further improved and strengthened. The global governance path is put forward on the basis of effectively eliminating the threats and security problems brought by terrorism on a global scale. It relies on the global countries to form a community of common destiny for all mankind to effectively fight terrorism. Although this goal is far away, it is the fundamental way to completely eliminate terrorism. In the value choice of counter-terrorism, the theory of priority protection of national security and global security has become the main theory from the perspective of non-traditional security. Under the non-traditional security concept, counter-terrorism must first ensure national security, and then pursue individual freedom. Without national security, there is no individual freedom. But at the same time, we should give full consideration to the theory of safeguarding human rights and bottom line justice. The protection of human rights against terrorism from the perspective of non-traditional security must start from three levels: terrorist crimes and human rights protection; the protection of state power and human rights, as well as the protection of terrorists' rights. In a civilized society, even if terrorists are as evil as enemies, they cannot be treated like enemies, but must adhere to the rule of law and guarantee their basic rights. When dealing with terrorist crimes at the international level, we should see that international counter-terrorism faces practical problems such as inadequate legal system, imperfect cooperation mechanism and practical difficulties. By adhering to the main position of the United Nations in counter-terrorism, we should formulate the United Nations Comprehensive Counter-Terrorism Convention and improve the international unified counter-terrorism criminal policy, and finally achieve effective governance of terrorism. At the domestic level, it mainly focuses on the establishment of a comprehensive and effective counter-terrorism mechanism, starting from the counter-terrorism institution building, counter-terrorism platform building and counter-terrorism legal system. The most important thing is to build and perfect the counter-terrorism legal system. By combing our counter-terrorism legal system, we should further polish it from the aspects of defining the basic concepts of terrorism, improving the counter-terrorism substantive law and perfecting the counter-terrorism procedural law. In this process, we must carry out the criminal policy of combining punishment with leniency, and finally realize the balance between security and human rights protection. This thesis is divided into five chapters to study the terrorist crime in the field of non-traditional security, hoping to make a theoretical response to the causes of terrorism, extremism, terrorist crime, terrorist activity crime and the preventive countermeasures in China through such a theoretical review, combing and exploration, especially to provide a useful theoretical reference for the prevention, strike and elimination of such crimes. At the same time, it is also a theoretical clarification of the terrorist crimes, terrorist activities crimes and extremist crimes in the non-traditional security field. Chapter one: this chapter mainly clarifies the relevant concepts, and understands the traditional security theory, non-traditional security theory, terrorism, extremism and separatism from the most basic level; distinguishes terrorist activity crime, terrorist crime and extremist crime, including the discrimination of their concepts, characteristics, types and purposes. More importantly, terrorism, which has been debated over its concepts for a long time, is serious crimes not only endangering the international security, but also endangering the overall national security of China, such as political security, homeland security, military security, economic security, cultural security, social security, network security, science and technology security, information security, ecological security, resource security, nuclear security and so on. The safety of people's lives and property can be ensured only when such crimes are eliminated. The second chapter discusses the causes and harms of terrorist crimes. From the international political level, national religious belief, interest distribution and other perspectives, this chapter analyzes the causes and harms of terrorism. This kind of harm is analyzed from the aspects of international society and domestic society. As far as the harm of international society is concerned, it causes the internal disintegration of the country, causes the internal management of the country out of control, intensifies regional conflicts and wars, people living nowhere, the number of refugees increases sharply, all kinds of serious crimes rise, global economic development slows down, and the number of global crimes increases. As far as the harm of the domestic society is concerned, it intensifies the escalation of national conflicts and the rise of extreme forces, which leads to the instability of social management order, the destruction of social dynamic balance, the general lack of security and trust of the public, the reduction of trust of the whole people, the destruction of social integrity system, and the loss of moral concepts of social groups, which will form the vicious circle of everyone is in danger, or some scholars call it the so-called "mutual harm mode" of modern society. Finally, the terrorist crimes basically spread all over the world, endangering the international political environment and extending to China, resulting in the slow development of domestic economy, the destruction of the inheritance of local cultural system, endangering everyone's own development and individual survival, etc., causing unprecedented disasters in the whole human society, such as environmental degradation, food shortage, water pollution, and trust crisis. Chapter three: expound the value orientation and the path of counter terrorism. The biggest harm of terrorist crime lies in the destruction of global security. Therefore, the value of counter-terrorism in theory is mainly embodied in: the theory of human existence, the theory of international relations, the value theory of priority of global security interests, the theory of dynamic balance between the protection of basic human rights and the strengthening of state power, the theory of principles, rules and systems of international human rights law. Today's "counter-terrorism model" mainly adopts "war model" (military strike), "criminal justice model" (judicial governance) and "global governance model" (social governance) to control, eliminate and combat the spread and frequency of terrorist crimes. However, looking at these models, we can find that the war model basically failed because the United States withdrew its troops from Iraq and other countries, the judicial governance was in the stage of continuous attempt and improvement because of the poor connection of domestic laws of various countries, and the global governance was impressed by various factors among countries, and also became a theoretical system of continuous attempt to break through and improve. At present, the international community has not created a theoretical model that can completely eliminate terrorist crime and terrorist activity crime. Most countries adopt intelligence early warning, rapid elimination, post elimination and other ways to the occurrence of terrorist attacks, in order to effectively control the spread of terrorist extreme ideas, reduce the overall probability of terrorist attacks, and thus continuously weaken the viability of terrorist organizations around the world. Chapter four: the current situation and improvement of international response to terrorist crime. Due to the differences of political ideology and the restriction of interest pattern, the counter-terrorism legal system is not perfect, and it is difficult to form a systematic and effective "international unified criminal code system" or "international unified criminal policy" to regulate international terrorist crimes. In this regard, the international level of the regulation of terrorist crimes should mainly adopt international criminal cooperation, criminal judicial assistance, regional alliances, and other ways (such as the Shanghai Cooperation Organization).Therefore, the conclusion of international conventions is particularly important. Only with legal basis can we realize effective cooperation across national sovereignty. It can not only ensure respect for the sovereignty of all countries, but also help to carry out practical cooperation to deal with terrorist crimes of all countries. Chapter five: expound the path and system construction of dealing with terrorist crime in China. From the perspective of China’s society, it is generally in a period of stable development, but still unable to cope with sudden terrorist attacks. Terrorist attacks happen under the planning of terrorists, so it is urgent to improve the criminal law of China. Over the years, China has preliminarily constructed the main frame of counter-terrorism, and formed a three-dimensional prevention system in the aspects of counter-terrorism stance, counter-terrorism organization setting, counter-terrorism fund control and counter-terrorism Internet supervision. In terms of specific disposal, China has established counter-terrorism organization and platforms, such as information exchange platform, early warning and prevention platform and public division platform. But fighting terrorism according to law is always one of the goals pursued by the rule of law. Although China has established a relatively complete counter-terrorism legal system, the counter-terrorism legislation has certain defects and deficiencies in three aspects: basic concepts, anti-terrorism substantive law and anti-terrorism procedural law. It is found that there are some specific problems in China’s counter-terrorism legislation, such as unclear definition of basic concepts, poor convergence of laws in the field of counter-terrorism substantive law, confusion of identification subject and procedure in the field of counter-terrorism procedural law, confusion of administrative power and criminal investigation power, and poor procedural independence. The definition of the basic concept should strictly abide by the behavior theory of objectivism criminal law, and should be expanded in combination with international practice to cover specific cases from the literal and theoretical extension of the articles. In the field of counter-terrorism substantive law, the power boundary between administrative law and criminal substantive law should be clarified, and legislative conflict of jurisdiction should be solved, strictly implement the concept of modesty of criminal law, and correctly define the specific boundaries between administrative illegal activities and criminal activities, as well as between incriminating and discharging crimes. The choice of procedural legislation of mixed model in the field of counter-terrorism procedural law should conform to the trend of the world, clarify the compartmentalization of subjects, ensure the smooth internal connection of the whole procedure, and establish a special prosecution procedure. At the same time, we insist on using criminal policy of combining punishment with leniency to guide our counter-terrorism practice, and finally realize the balance between counter-terrorism and human rights protection. In a word, based on the complexity of criminal phenomena, the diversity of criminal patterns and the differences of social development patterns, considering the rigor and diversity of the theoretical research of criminal law, we should take a dynamic and open concept to study the criminal law of terrorist crime and terrorist activity crime, and adopt a multi-dimensional research approach.