Abstract
In this article the author addresses the issues of defining and combating terrorism, issues which became a political priority in the post-September 11 world. Counterterrorist legislation both at the international and the European level is examined, while law-enforcement initiatives in the Balkans area are briefly referred to. Additionally, the impact antiterrorism legislation could have on human rights and civil liberties is discussed, arguing in favor of a balance between national security and human rights. The author concludes with some remarks about cooperation between all these involved in the implementation of antiterrorism legislation.
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- 1.
For more details, see Livos, N. (2000). Organized crime: Definition and procedural responses. In Proceedings of the Seventh PanHellenic Conference of Greek Society of Criminal Law, Sakoulas, Athens (p. 28ff).
- 2.
Article 6 Ν. 2928/2001.
- 3.
The article 20 of the Palermo Convention under the heading Special investigative techniques, reads: “If permitted by the basic principles of its domestic legal system, each State Party shall, within its possibilities and under the conditions prescribed by its domestic law, take the necessary measures to allow for the appropriate use of controlled deliveries and, where it deems appropriate, for the use of other special investigative techniques, such as electronic or other forms of surveillance and undercover operations, by its competent authorities in its territory for the purpose of effectively combating organized crime.”
- 4.
Article 6 Law 2928/2001.
- 5.
The adoption of a comprehensive agreement to define and outlaw international terrorism has been on the agenda of the international community for more than three decades. The main obstacles in the way of a definition of international terrorism are disagreements on the content of international terrorism, namely on whether wars of self-determination constitute terrorism, the issue of state-sponsored terrorism, and the tensions between combating terrorism and protecting human rights. Dugard, J. (2005). “International law: A South African perspective”. 3rd edn. Dugard, J. (1999). “Terrorism and international law, consensus at last?” In E. Yakpo, T. Moumedra (Eds.), Liber Amicorum Mahammed Bedjaoui (p. 159).
- 6.
Bosi, M. (2004). Anti-terrorism legislation. Greece and International context. Sakkoulas, Athens (p. 57).
- 7.
More information for the national legislations of Member States of UN are included in UNDoc., ST/LEG/SER.B/22 National Laws and Regulations on the Prevention and Suppression of International Terrorism, Part I, United Nations 2004, where different Member States’ definitions of international terrorism are listed.
- 8.
The Amsterdam Treaty, officially the Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; it made substantial changes to the Maastricht Treaty, which had been signed in 1992.
- 9.
Schmid., A. (2004). Terrorism-the definitional problem. Journal of International Law, Case Western Reserve University,36(2&3), 77, where four different definitions are mentioned.
- 10.
Κoufa, K., Terrorism and human rights. In: Honorary volume for John Manoledakis, Democracy, Freedom, Security III Athens, Thessaloniki, Sakkoulas (p. 230)
- 11.
Among these are:
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Convention for the Suppression of Unlawful Seizure of Aircraft [Hijacking Convention] (The Hague, 16-12-1970).
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Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (Montreal, 23-9-1971).
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Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons including Diplomatic Agents (New York, 14-12-1973).
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International Convention against the capture of Hostages (New York, 17-12-1979).
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Convention on the Physical Protection of Nuclear Material (Vienna, 3-3-1980).
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Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Aviation, supplementary the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (Montreal, 02/24/1988).
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Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (Rome,10-3-1988).
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Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms placed on the Continental Shelf (Rome, 10-3-1988).
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The United Nations Convention on the Suppression of Terrorist Bombings (New York, 15-12-1997).
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The United Nations Convention on the Suppression of the Financing of Terrorism (New York, 9-12-1999).
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- 12.
The European Convention for the Suppression of Terrorism (Strasbourg, 01.27.1977) Full text found in: Alexander, Y., Browne, M.A., Wanes, A.S. (1979). Control of terrorism-international documents (p. 165ff). United States: Crane, Russak and Co, Inc.
- 13.
Council of Europe, European Convention on Extradition (13 December 1957). ETS 24. Available at: http://www.unhcr.org/refworld/docid/3ae6b36b0.html
- 14.
The agreement for the establishment and operation of the TREVI Group signed at Rome, has been declared as confidential and is not accessible either for scientific or educational purposes, see Symeonidou Kastanidou, E. (2005). Organized crime and terrorism (p. 165ff). Sakkoulas Athens-Thessaloniki
- 15.
Council Framework Decision 2002/475/JHA (13 June 2002).
- 16.
Convention of Amsterdam, (preamble of EU Convention, article 2 paragr. 1 EU Convention, article 61 of European Community Convention). From that time on, developments in this issue area have been advanced with a series of special decisions at the sessions of European Council, at Tampere (October 1999) and at Santa Maria di Feira (June 2000).
- 17.
Stergioulis, E. (2003). The European Police office (Europol), Nomiki Vvivliothiki (p. 35ff).
- 18.
For a detailed analysis of Europol’s anti-terrorist role, see Deflem, M. (2006). “Europol and the policing of international terrorism: Counter-Terrorism in a global perspective.” JQ: Justice Quarterly, 23(3), 336–359.
- 19.
Τhe abbreviation TREVI is composed of the first capital letter of the words “Terrorism, Radicalism Extremism and International Violence”.
- 20.
Convention based on Article K.3 of the Treaty on European Union on the establishment of a European Police Office (Europol Convention), Official Journal OJ C 316 of 27.11.1995.
- 21.
See article 3 of the Convention of Europol.
- 22.
See article 8 paragr.2 of the Convention of Europol.
- 23.
See also Kaiafa-Gmpanti, M. (2003). Coordinating Institutions for fighting organized crime in the EU: From the police (Europol) in the judicial coordination—The prospect of protecting fundamental rights. Poiniki Dikaiosini, 1, 165.
- 24.
Europol’s Antiterror Role Muted by Limited Powers. Philip Shishkin. Wall Street Journal (Eastern edition). New York, NY: Apr 7, 2004. p. A.17.
- 25.
ΕU L 16 of 22/1/2003, p. 68.
- 26.
See Declaration of the Heads of State or Government of the European Union and of the Chairman of the Committee, Brussels 19/10/2001.
- 27.
Decision of the Council of 28/2/2002 (2002/187/ΔΕU, ΕU L 63 of 6/3/2002 P.1-13).
- 28.
Coninsx, Michèle, & José Luís Lopes da Mota (2009). The international role of Eurojust in fighting organized crime and terrorism. European Foreign Affairs Review, Summer, 165–169.
- 29.
Article 27 of the Convention of the Council.
- 30.
Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States. OJ L 190, 18.7.2002, p. 1.
- 31.
In Greece, the first implementation of the European Arrest Warrant was related to the request by the Spanish authorities for the delivery of a 58-year old priest from Rethymnon, Crete to be tried in criminal court in Barcelona for the sexual abuse of against a minor girl. According to the Spanish authorities, the requested priest allegedly committed a seduction act in 2001–2002 in Barcelona, where he was delivering Greek language lessons to minors. The Appeals Court had ordered the temporary detention and accepted the request of extradition, in order to proceed to trial. The priest appealed to the Supreme Court against the European arrest warrant, but the Supreme Court dismissed all the claims of the 58-year-old priest. The priest, who until his surrender to the Spanish authorities was performing teaching tasks in an elementary school in the prefecture of Rethymno, was charged—after a complaint of the Spanish authorities—for sexual harassment against a 6-year-old girl in Barcelona. Specifically, during the period 2001–2002 when he had been appointed to Barcelona in order to teach the Greek language to the Greek Orthodox school, he had been accused by a Spaniard, whose 6-year-old daughter was a student of the priest. The mother complained that the priest had engaged in sexual gestures in the genital area of the girl. Under the warrant issued by the investigating authorities in Barcelona on December 18, 2004, the 58-year-old priest was arrested on the basis of an Interpol warrant on January 18, 2005. On February 7 the Court of Appeals in Crete discussed the request of Spanish authorities and decided to deliver the priest to the Spanish authorities. In March 2005, the Criminal Division of the Supreme Court with decision number 591/2005, granted the Spanish authorities’ request for the extradition of the priest to Spain, in order to be tried for the sexual abuse of a minor.
- 32.
European Arrest Warrant Art. 2.
- 33.
International Law Update, Jan 2002, Vol. 8, p. 14.
- 34.
Εlisavet Symeonidou—Κastanidou (2004). The definition of terrorism. European Journal of Crime, Criminal Law and Criminal Justice, 12, 14–35.
- 35.
Εlisavet Symeonidou—Κastanidou (2002). The definition of terrorism. Penal Justice, 1, 65.
- 36.
Livos N. (2005). The problem of security and security as a problem. The example of the Penal Law. In Honorary volume for Ioannis Manoledakis, democracy, freedom, Security III Athens, Thessaloniki, Sakkoulas (p. 197).
- 37.
Bosi, M. (2000). Regarding the definition of terrorism. Travlos Publications, Athens (p. 131ff).
- 38.
The definition of terrorism was first discussed in the Greek parliament in 1978 during the voting of the first Greek antiterrorist law (774/1978). The debate on the definition of the term lasted several hours, however the minister of interior insisted that the lack of a clear definition of terrorism is not an obstacle: “The concept of terrorism is clear to everyone: it is clear to us all here in the Parliament and it is clear to those outside the Parliament who are using it as a mean of influence of political developments”. Retrieved from http://www.hellenicparliament.gr/Vouli-ton-Ellinon/I-Bibliothiki/Koinovouleftiki-Syllogi/Praktika-Synedriaseon/
- 39.
The Report of the Scientific Committee of the Parliament, mentioned that the new provision on the definition of terrorism was vague. The Minister of Justice commented: “Taking into consideration the various problems related to the definition of terrorism, we demand from the legislator to regulate the complex phenomenon of a terrorist act within a purely descriptive concept”, Appendix of the session of Parliament 24/6/2004.
- 40.
The legal framework of the SECI Center is the SECI Agreement signed in May 1999 and ratified by each member state, but currently the Center is in the process of transformation to SELEC (Southeast European Law Enforcement Center); the new legal framework, SELEC Convention, was signed by all member states.
- 41.
Among SECI’s international initiatives, was the organization in October 2010 in Sarajevo, of the “SEE Workshop on Cooperation and Coordination in Counter-Terrorism Matters” which was co-organized by the SECI Center and the UN CTED, CTI-TF, UNODC, RCC, Ministry of Security of Bosnia and Herzegovina, and the Governments of Austria and Turkey.
- 42.
Retrieved from http://www.stabilitypact.org/pages/press/detail.asp?y=2004&p=31. Accessed 21 May 2012.
- 43.
Golder, B., & Williams, G. (2006). Balancing national security and human rights: Assessing the legal response of common law nations to the threat of terrorism. Journal of Comparative Policy Analysis, 8(1), 43–62.
- 44.
Barak, A. (2009). Annual Lecture in Law and Society—“Human Rights and Their Limitations: The Role of Proportionality” 04.06.2009. Retrieved from http://www.fljs.org/section.aspx?id=2895 22 Mar 2012.
- 45.
Talbot, R. (2004). “The balancing act: Counter-terrorism and civil liberties in British anti-terrorism law.” In Law after ground zero (pp. 123–138). London, UK: Glasshouse Press.
- 46.
Feldman, D. (2006). “Human rights, terrorism and risk: The roles of politicians and judges.” Public Law, 2, 364–384.
- 47.
Ramraj, V.V., Hor, M., Roach,, K. (2005). Global anti-terrorism law and policy (p. 125). Cambridge University Press.
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Petropoulos, N. (2013). Defining and Combating Terrorism: International and European Legislative Efforts. In: Andreopoulos, G. (eds) Policing Across Borders. Springer, New York, NY. https://doi.org/10.1007/978-1-4419-9545-2_7
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