1^st Semester

This course focuses upon two distinct but interrelated themes: i) counter-terrorism in EU law, and ii) counter-terrorism in International Law.

The course explores, in particular, the European and International approach to counter-terrorism and examines the role of the EU and International community security actors. It starts by addressing the complexity of legal definitions of terrorism and distinguishes between state-sponsored terrorism and legitimate resistance. It then moves on to review both the European Union’s internal or ‘soft’ security initiatives within the so-called ‘Area of Freedom, Security and Justice’ and external or ‘hard’ security strategy within the framework of the Union’s Common Foreign and Security Policy. The course further aims at providing a critique of the role of the EU legislative Institutions in countering terrorism and the impact of the European Court of Justice as a guarantor of human rights protection for terrorist suspects.  The tension in the relationship between EU and international law is a recurrent theme throughout the course. To that effect, the course will focus upon a comparison between the EU legal framework with the international legal tools available. It will further discuss the role of the principles of international humanitarian law on the war on terrorism; examine how international human rights law is shaped by terrorism and; explore its impact upon the international response to terrorism. As case studies, students will be invited to analyse the appropriateness of UN decisions imposing targeted economic sanctions on individuals who are suspected of sponsoring terrorism as well as evaluate the practices of the Guantanamo Bay detention centre and the practice of extraordinary rendition of terrorist suspects. 

None

This module is intended to equip students with a thorough appreciation of the complexities of the legal responses to terrorism both at European and International level.

On successful completion of the module, students will be able to:

·             Demonstrate an understanding of the different legal responses to terrorism in the context of International Law

·             Demonstrate an understanding of the different legal responses to terrorism in the context of EU Law.

·             Explain the different approaches to legal definitions of terrorism

·             Explain how terrorism has played a role in the development of international human rights

·             Explain how terrorism has shaped the application of human rights at EU level.

·             Critical analyse the implementation of the UN sanctions regime in the European Union and its Member States .

·             Demonstrate critical understanding of the legal issues regarding the Guantanamo Bay Detention Centre

·             Demonstrate critical understanding of the role terrorism plays in questions of extradition and detention powers of the state.

·             Critically discuss the role of torture as a counter terrorism mechanism

·             Terrorism in the Context of International Law

·             Terrorism in the Context of EU Law

·             Terrorism and European Human Rights – Case study: EU Accession to the ECHR

·             Terrorism and International Human Rights

·             Individual Sanctions – Case study: Re-arguing Kadi

·             Terrorism and International Humanitarian Law – Case study:

·             Extradition and Detention

8 x 3-hour seminars.  The seminars will be interactive and students will be expected to come prepared for the seminar and engage actively in discussions

This is an indicative reading list of books related to terrorism in EU and International law:

H. Duffy, The ‘War on Terror’ and the Framework of International Law (CUP2007)

M.Trybus, European Security Law (OUP, 2007)

C. Eckes, EU Counter-Terrorism Policies and Fundamental Rights (OUP, 2009)

Mitsilegas, EU Criminal Law (Hart, 2009)

C. Eckes and T. Konstadinides, Crime within the Area of Freedom, Security and Justice: A European Public Order (CUP, 2010)

C. Marchand, European Trends in the War on Terror: Threats on Human Rights (OUP, 2010)

A. Vercher, Terrorism in Europe (OUP, 1992)

A. Baldaccini and E. Guild, Terrorism and the Foreigner: A Decade of Tension around the Rule of Law in Europe (Brill, 2006)

J. Isanga, Counter-Terrorsim and Human Rights: The Emergence of a Rule of Customary Int’l Law from U.N. Resolutions (2009) 37 Denv. J. Int'l L. & Pol'y 233

C. Much, The International Criminal Court (ICC) and Terrorism As An International Crime

L. May, Aggression, Humanitarian Intervention, and Terrorism (2009) 41 Case W. Res. J. Int'l L. 321

S.R. Ratner, The War on Terrorism And International Humanitarian Law

M. Palitz, Beyond Our Borders: The International Law Controversy Concerning The Writ Of Habeas Corpus and Guantanamo Bay (2009) 21 Pace Int'l L. Rev. 335

Concerning The Writ Of Habeas Corpus and Guantanamo Bay (2009) 21 Pace Int'l L. Rev. 335

A reading list for each seminar will be provided during the course.