Because of the difficulties of distinguishing friend and foe, security and insecurity, or even war and peace, terrorism appears to be an endemic and endless risk. The embedded nature of the terrorist risk appears to demand the treatment of one's neighbour as potentially friend and foe. One of...

It was Robert Nozick who, distinguishing the classical Liberal ‘night-watchman state' which protected citizens against violence and enforced contracts on their behalf, conjured instead the ‘ultraminimal state' in which the task of the state is confined to the monopolisation of violence...

Proscription orders in UK legislation against terrorist groups have proliferated since 9/11. Added to the dozen or so Northern Ireland terrorist groups, around 70 international groups and one domestic neo-Nazi group have joined the list. Since that time, only two organisations have been...

This article examines the details of the statutory scheme of detention without trial, analysing the background to the legislation, measures to enforce detention and what this policy means in terms of derogation from Art.15 ECHR including the duration and subsequent reviews of this derogation....

The Extradition Treaty between Kuwait and the UK, signed in 2016, presages a new stage of cooperation in criminal justice matters. The Treaty and the related arrangements are designed to facilitate the surrender of fugitives. However, a number of factors, not least the statutory bars to...

Terrorist prisoners pose various special risks for the penal system, leading to questions about the appropriate sentence and prison regime, and the circumstances applicable to release and post-release. The triggers for release are central to this paper because they have been the subject of...

The plan of the chapter will involve consideration of terrorism as contrary to cosmopolitanism and then the assessment of counter-terrorism. It is not implied that both aspects are to be equated either in normative or practical terms. The errors of states must not to be endorsed or ignored, but...

The rule of law remains a hallowed principle even in the unpromising environment of counterterrorism, but failures to live up to rule of law rhetoric must be highlighted. As a result, one might question whether counter terrorism can realistically be conducted wholly in accordance with the rule...

A new constitutional order was unveiled in Ireland in 1937, but proscription was soon revived and has since endured. In this and other respects, the current Constitution (Bunreacht na hÉireann) bears pronounced resonances with past arrangements, including the establishment of special courts and...

A proscription order was issued in 2017 under the UK’s Terrorism Act 2000 against two Bahraini groups (the al-Ashtar Brigades and the al-Mukhtar Brigades). The obscurity of these groups within the UK was underlined by the absence of triggers in terms of terrorist incidents or threats against...