Precursor Crimes of Terrorism

Edited by Clive Walker, Professor Emeritus of Criminal Justice Studies, School of Law, University of Leeds, UK, Mariona Llobet Anglí, Associate Professor of Criminal Law, Department of Law, Pompeu Fabra University, Barcelona, Spain and Manuel Cancio Meliá, Full Professor of Criminal Law, Law Faculty, Universidad Autónoma de Madrid, Spain

• Contents:PART I INTRODUCTION1 Introduction to Precursor Crimes of Terrorism 2Mariona Llobet Anglí, Manuel Cancio Meliá, and Clive Walker2 Counter terrorism through precursor crimes 20Clive WalkerPART II CRIMINALISATION OF ANTICIPATORYRISK OF TERRORISM ATTACKS3 Law as reason vs law as will in the fight against terrorism:from a Hobbesian conception of law to an Orwellian society 44Aniceto Masferrer and Pedro Talavera4 The criminalisation of terrorism risk within the EuropeanUnion: a suitable choice? 56Francesca Galli5 Voluntary abandonment related to the crime ofmembership of a terrorist group 72Mertxe Landera Luri6 Precursor crimes in Australia’s anti-terrorism legislation 83Christopher MichaelsenPART III PRECURSOR COMMUNICATION CRIMES INRELATION TO TERRORISM7 The legitimacy of offences criminalising incitement toterrorist acts: a European perspective 99Anneke Petzsche8 Twitter after Charlie Hebdo and the Paris Bataclanattacks: identifying and measuring the different types ofviolent speech on the internet 113Fernando Miró-Llinares9 Spanish writing on the wall? Glorification of terrorismunder Spanish law 127Manuel Cancio Meliá10 Terrorism as a hate crime? 143Juan Alberto Díaz LópezPART IV EXPANSION OF PRECURSOR TERRORISMCRIMES: ORGANISATIONAL, EVIDENTIALAND INTERNATIONAL11 Agency costs avoidance through ‘leaderless resistance’and the criminalization of visiting Internet sites: is the cureworse than the disease? 157Íñigo Ortiz de Urbina Gimeno12 ‘Jihadist lone wolves’: terrorists, murderers or believers?Back to an actor-based criminal law 170Mariona Llobet Anglí13 Intelligence expert evidence against terrorism in Spain 183Gonzalo Boye Tuset14 Precursor crimes of international terrorism 196Ben SaulPART V PROCESS, PRACTICE AND PUNISHMENT15 Police cooperation in counter-terrorism: limits and suitablepartners 221Saskia Maria Hufnagel16 The accommodation of precursor crimes within extradition 240Paul Arnell17 Criminal process and precursor crimes of terrorism 254Mark Topping and Mark Carroll18 Legal experiments in the Spanish judicial fight againstjihadist terrorism 269Benet Salellas i Vilar19 The ends of state punishment and terrorism 281Daniel Rodríguez Horcajo20 The relevance of mandatory minimum penalties: anintroduction with reference to precursor crimes ofterrorism in Spain 292Gonzalo J. Basso21 Penal policies and terrorist offenders in Spain: a matter ofrecidivism risk assessment or a matter of de-radicalisation? 304Enara Garro Carrera22 The sentencing of precursor terrorism crimes in the UnitedKingdom 316Florence Lee and Clive WalkerSelect bibliography 335Index

‘This impressive collection of chapters, from internationally respected academics and practitioners with expertise on terrorism and criminal law, tackles an important recent phenomenon. As ever more States seek to counter the threat of terrorism in innovative ways, specialised criminal offences proliferate and expand to reach those who fund, plan, encourage, prepare, or glorify terrorism in the physical and online worlds. The perceived threat posed by terrorism permits legislatures to criminalise more widely and punitively. The need for adequate scrutiny and safeguards is obvious as these offences challenge orthodox definitions and structures of criminal laws and their jurisdictional reach as well as traditional trial processes. The book provides an insightful exploration of the theoretical, social and practical dimensions to pre-cursor offences and offenders, drawing particularly on European experience. It will serve as a valuable resource for scholars and policy makers examining the many challenges that such legislation brings.’