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2011/12 Undergraduate Module Catalogue

LAW3175 Terrorism and the Law

20 creditsClass Size: 81

Module manager: To be Advised

Taught: Semester 2 (Jan to Jun) View Timetable

Year running 2011/12

This module is approved as an Elective

Module summary

Experiences of terrorism, exemplified by images of aircraft crashing into skyscrapers, suicide bombings and public spaces shrouded by barricades, have become vivid and prominent. The attacks of September 11 2001 constructed a compelling trigger for an official rejoinder by engagement in 'the first war of the twenty-first century' conjured by US President Bush against terrorism. This module helps you to make sense of this rhetoric and to analyse the phenomenon of terrorism and official policy reactions to it. The module will cover the concepts involved in terrorism and the institutional settings for counter-terrorism as well as the dynamics of policy. It will deal with such controversies as the use of torture, the length of detention without trial and the banning of extremist groups. It will attempt to justify the principles of law and accountability which should stand firm and be respected even in times of crisis, contrary to policies such as torture, rendition and Guantanamo Bay. It will relate how the law in general and criminal justice in particular have been shaped in response to terrorism, including responses at an international level.

Objectives

On completion of this module, students should be able to:

- demonstrate knowledge and understanding of contemporary debates in theoretical and empirical literature about the meanings and phenomenon of terrorism, with special emphasis upon counter-terrorism and its pursuit by law so that they can define terms with precision, recognise the limits in existing formulae and state policies and laws with accuracy;

- analyse and critically discuss and assess with knowledge of underlying policies and values the controversial issues around terrorism and counter-terrorism and their practical impacts;

- distil strategic and tactical policy choices and the relationships between law and politics;

- demonstrate an awareness of comparative approaches in other jurisdictions and the approach in international law;

- have an independent ability to further their knowledge about, and research into, the issues arising from the topics and themes and to write about these issues in a structured and academic way.

Skills outcomes
Subject Specific Skills
1. Ability to comprehend and amass data about terrorism and the law
2. Ability to make well-grounded, well-structured and well-referenced oral and written presentations about the subject
3. Ability to analyse and criticise the data using the policy goals and also normative standards such as human rights
4. Ability to plan, develop and produce research

Cognitive Skills
1. Comprehension and developing an ordered body of knowledge
2. Appropriate selection and synthesis of data
3. Critical judgment based on policy choices and normative values


Syllabus

Part I: CONCEPTS AND INSTITUTIONAL SETTINGS
(delivered by lectures: 2 per week)

Session 1 and 2: Terrorism and counter-terrorism strategies: Strategies in military and political terms; difficulties of definition. Typologies of terrorism. Meaning of state terrorism. Selected histories of terrorism: in Ireland and Middle East and also with respect to animal rights. Exits from terrorism such as in Northern Ireland.

Session 3: Terrorism and legal principle: Legal strategies for counter-terrorism. The meanings of political offence. The problem of derogation.

Sessions 4 and 5: Terrorism and the executive: Relevant organisations within central government. Debates about homeland security. Security and policing organisations and their accountability. Contingency planning. Comparison with US war model.

Sessions 6 and 7: Terrorism and accountability. Modes of scrutiny in Parliament: debates and relevant select committees. Modes of judicial review. Judicial attitudes. Case studies of the review of emergencies.

Sessions 8 and 9 Terrorism and international law: Relevant treaties. Oversight mechanisms such as the UN Counter-Terrorism Committee.

Seminar 1 (group of 20 x 2): Case studies of terrorism emergencies : Northern Ireland 1971; Al Qa'ida 2001


Part II: THE DYNAMICS OF TERRORISM AND COUNTER-TERRORISM
(delivered by lectures : 2 per week)

Sessions 10 and 11: Terrorism and policing. Powers of arrest, detention, and search. The meaning and role of intelligence.

Sessions 12 and 13: Terrorism and executive powers: Control orders; internment powers. Measures against foreign suspects ? asylum and deportation. Reasons for these strategies.

Sessions 14 and 15: Terrorism and criminal processes: How special measures have been passed to modify pre-trial process, trial (including abolition of jury) and sentencing. Use of informants and security witnesses. Special advocates. Special offences and the use of ordinary offences.

Sessions 16 and 17: Terrorism and freedom of expression: Proscription. Offences against glorification and indirect support. Rules about political participation in Northern Ireland. Terrorism and cyberspace : Cyberspace as a site for terrorism and a site for detection

Session 18: Terrorism and its infrastructure: Measures to track and prosecute terrorism through financial investigations. Measures against weapons of mass destruction, explosives and firearms.

Seminar 2 (group of 20 x 2): Case studies of terrorism investigations and prosecutions.

Teaching methods

Delivery typeNumberLength hoursStudent hours
Lecture181.0018.00
Seminar22.004.00
Private study hours178.00
Total Contact hours22.00
Total hours (100hr per 10 credits)200.00

Private study

Lectures: Preparation and following up on suggested reading (6 hours per session) 108 hours
Seminars : Preparation and, afterwards, reflection on points (10 hours per session) 20 hours
Progress essay : 10 hours
Assessed essay : 40 hours

Opportunities for Formative Feedback

Semester 2: 1,000 word essay on a question based on sessions 1-4 issued in week 18, completed by week 20 and returned in week 23.

Semester 2: Group presentations.

Methods of assessment


Coursework
Assessment typeNotes% of formal assessment
Essay1 x 2,000 word essay33.00
Total percentage (Assessment Coursework)33.00

Normally resits will be assessed by the same methodology as the first attempt, unless otherwise stated


Exams
Exam typeExam duration% of formal assessment
Standard exam (closed essays, MCQs etc)1 hr 00 mins67.00
Total percentage (Assessment Exams)67.00

Normally resits will be assessed by the same methodology as the first attempt, unless otherwise stated

Reading list

The reading list is available from the Library website

Last updated: 14/06/2012

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