Terrorism

2019-2020

Course Objective

(A) Subject specific learning outcomes
Upon completion of the course the student should have basic knowledge of
the:
• Legal meaning and significance of the presumption of innocence, the
right to respect for the private life and fair trial principles.
• Legal meaning of investigative and coercive methods, pre-trial
detention and evidentiary standards.
• The basic distinction between adversarial systems and inquisitorial
systems
• Legal bases for the exercise of (criminal) jurisdiction
• Rules and basic principles of transnational cooperation in criminal
matters.
• Basic sources of international law.
• Effects of international law in domestic law.
• Prohibition on the use of force and the right to self-defense under
international law.
• Position of the Security Council in international law, especially in
the fight against terrorism.

(B) Academic skills
Upon completion of the course the student is able to:
• Read primary legal sources, detect structures of legal reasoning and
distinguish between principled and peripheral matters of law
• Identify different legal regimes that regulate terrorism and counter
terrorism
• Summarize and articulate legal rules and principles, jurisprudence and
academic literature pertaining on the legal regulation of terrorism and
counter terrorism
• Apply legal rules to (simplified) cases involving terrorism and
counter terrorism
• Offer interpretations of rules in light of changing circumstances


(C) Social and communicative skills
Upon completion of the course the student is able to:
• Present her analysis of jurisprudence or academic writings
• Write a short structured essay, based on relevant legal sources
• Provide feedback on the work of other students


(D) Study skills and professional orientation
The student is able to:
• Find relevant legal rules and principles, jurisprudence and academic
literature pertaining to terrorism and counter terrorism
• Select reliable sources to solve basic legal problems

Course Content

The course studies the legal regulation of terrorism and
counter-terrorism through the following lenses:
• Criminal law, including transnational criminal law
• Public international law
• Human rights law


Through a study of the phenomenon of terrorism, students are introduced
to some basic concepts of international, European, human rights and
criminal law. The course not only transfers some basic concepts and
doctrines of the respective fields. It also develops the student’s
skills to reflect on the consequences of using different legal lenses,
or vocabularies, to make sense of the threat of terrorism. The course
critically discusses three ways in which terrorism has been legally
defined, namely as:
• Criminal offence, triggering the language and system of criminal law
• Armed attack, triggering a right to self defense under the UN Charter
• Threat, giving rise to administrative sanctions such as listing and
freezing of assets.

Teaching Methods

Lectures
Seminars

Method of Assessment

essay, brief presentation, final exam or paper

General Information

Course Code R_TerrLis
Credits 6 EC
Period P2
Course Level 100
Language of Tuition English
Faculty Faculty of Law
Course Coordinator prof. dr. W.G. Werner
Examiner prof. dr. W.G. Werner
Teaching Staff prof. dr. W.G. Werner
prof. dr. M.F.H. Hirsch Ballin

Practical Information

You need to register for this course yourself

Teaching Methods Seminar, Study Group, Lecture