On November 14, 2013, Professor Dervan was called to testify before the United States House of Representatives' Committee on the Judiciary Over-Criminalization Task Force. Available here is his written testimony. In his written testimony, Professor Dervan examines the phenomenon of...

This introductory chapter to this illuminating book offers a timely assessment of the development and proliferation of precursor crimes of terrorism, exploring the functions and implications of these new expanding offences in different jurisdictions. In response to new forms modes and sources of...

“Not guilty” — these two simple words elicit intense relief from any defendant at the conclusion of a criminal trial. As one harrowing ordeal ends, however, a new one inevitably takes shape: picking up the pieces of a life shattered physically, emotionally, and, for non-indigent...

The paper argues that without a realistic understanding of criminal enterprise located against the commercial forces shaping contemporary Asian market contexts, then domestic, bi-lateral, regional and international control initiatives are not only likely to fail in their regulatory objectives,...

The killing of five young Australian, New Zealander and British journalists at the village of Balibo during the Indonesian invasion of Portuguese Timor in 1975 has long been surrounded by controversy, obfuscation and intrigue. While many suspected that the journalists were deliberately killed by...

In the absence of a bill of rights in Australia with which to evaluate and challenge sophisticated rights-based arguments for evaluating anti-terrorism laws, those faced with arguably excessive laws are left with little upon which to hang their challenges. In the High Court case of Thomas vs....

Much of the international legal debate about defining terrorism has focused on the ideological disputes, or technical mechanics, of definition, rather than on the underlying policy question of why-or whether-terrorism should be internationally criminalized. Since most terrorist acts are already...

The surprising Decision by the Special Tribunal for Lebanon in 2011 that transnational terrorism in peacetime is a customary international law crime sparked controversy. Until then there was a widespread belief that there existed neither an agreed definition nor an international crime of...

The criminal law has assumed a central role in global counter-terrorism efforts since 9/11. This article examines criminal law responses to terrorism at the national, regional and international levels, including the controversial shift over time from treating terrorism as ordinary crime...