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Clive Walker

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Clive Walker

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Clive Walker

Unlike the US ‘war on terror’, most other jurisdictions have followed a policy of prosecution primacy. Whilst this criminal justice approach is welcomed as securing several ethical gains, criminal prosecutions are susceptible to manipulation of counter-terrorism crimes and processes. As for the formulation of crimes, there arise special precursor offences, reflecting precautionary demands for intervention against bad thoughts not yet reflected in bad deeds. The pressures on process include reduced opportunities to challenge and evidential manipulation. The first part of this chapter will explain and assess the persistence of the criminal justice paradigm. The second part will probe the extent to which terrorism prosecutions can remain true to due process standards. The third part will reflect upon implications to date and future trends.

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Clive Walker

This chapter invites a reading of the international rule of law as a marketing tool. Its rhetorical purchase is shown to provide fertile ground for branding, employed as a means to attract resources in a highly competitive industry – what I call the ‘global justice sector’. The practices of the International Criminal Court, one of those institutions competing in this sector, exemplify the employment of the international rule of law in its marketised form as a means to strengthen its global justice brand. This reading of the international rule of law is placed within the context of a neoliberalism which constitutes and reconstitutes the juncture between the market and justice.

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Kent Roach and Clive Walker

Criminology has already made important contributions to understandings of terrorism and counter-terrorism, and its intervention is becoming ever more vital because of groups such as the Islamic State, which has inspired adherents and attacks across the world. Criminologists seek to explain terrorist activity and the impacts of state counter-terrorism. One strand in this approach derives from critical terrorism studies which highlight human security rather than state security and amplifies the voices of minorities and oppositions. Beyond critical terrorism studies, criminologists must range beyond their traditional focus on domestic criminal justice actors, such as the police and courts, to comprehend intelligence agencies, the military and border infrastructure, as well as the private sector and supra-national collaborations. In addition, prevention operates as a protean driving concept of counter-terrorism. The penology of terrorism must also be elaborated. The agenda may be ambitious, but methodologies will be challenged by vulnerable subjects and sensitive information.

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Karen Cooper and Clive Walker

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Aniceto Masferrer and Clive Walker

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Clive Walker and Andrew Staniforth

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Edited by Aniceto Masferrer and Clive Walker