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Extending criminal liability throughout the phases of the radicalization process : Building bridges between the knowledge of criminological sciences and the counterterrorism legislation within the criminal law

Stéphanie De Coensel (UGent)
(2018)
Author
Organization
Abstract
In recent times, legislators increasingly resort to the criminal law system in order to prevent the occurrence of future terrorist acts. In the name of security, and often pressured in the aftermath of a terrorist attack, legislators introduce new criminal law provisions so to extend the criminal liability beyond the traditional boundaries of the criminal law. However, current policy is not always accustomed to the criminological knowledge of the phenomena. Therefore, research is needed into the relationship between the preceding trajectory towards terrorism and the criminal law provisions related to terrorism. In order to gain insight into this relationship, first, an integrated phase model of radicalization is constructed based on a comparative review of thirteen existing models. Afterwards, the substantive criminal law measures of four EU-countries (i.e. Belgium, the Netherlands, the United Kingdom and France) are matched with the integrated model. On the one hand, it will be shown that the extension of criminal liability throughout the phases of the process often leads to counterproductive results. On the other hand, models of the trajectory may be misused by legislators to justify their far-reaching policy. Not only do these findings urge for a better partnership between both disciplines, it also leads to a critical assessment of the fundaments of the criminal law system and more in particular the principles of subsidiarity, proportionality and legality.
Keywords
counterterrorism, phase model of radicalization, criminal liability, preventive justice

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Citation

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MLA
De Coensel, Stéphanie. Extending Criminal Liability throughout the Phases of the Radicalization Process : Building Bridges between the Knowledge of Criminological Sciences and the Counterterrorism Legislation within the Criminal Law. 2018.
APA
De Coensel, S. (2018). Extending criminal liability throughout the phases of the radicalization process : Building bridges between the knowledge of criminological sciences and the counterterrorism legislation within the criminal law. Presented at the 18th Annual Conference of the European Society of Criminology: Crimes Against Humans and Crimes Against Humanity - Implications for Modern Criminology, Sarajevo.
Chicago author-date
De Coensel, Stéphanie. 2018. “Extending Criminal Liability throughout the Phases of the Radicalization Process : Building Bridges between the Knowledge of Criminological Sciences and the Counterterrorism Legislation within the Criminal Law.” In .
Chicago author-date (all authors)
De Coensel, Stéphanie. 2018. “Extending Criminal Liability throughout the Phases of the Radicalization Process : Building Bridges between the Knowledge of Criminological Sciences and the Counterterrorism Legislation within the Criminal Law.” In .
Vancouver
1.
De Coensel S. Extending criminal liability throughout the phases of the radicalization process : Building bridges between the knowledge of criminological sciences and the counterterrorism legislation within the criminal law. In 2018.
IEEE
[1]
S. De Coensel, “Extending criminal liability throughout the phases of the radicalization process : Building bridges between the knowledge of criminological sciences and the counterterrorism legislation within the criminal law,” presented at the 18th Annual Conference of the European Society of Criminology: Crimes Against Humans and Crimes Against Humanity - Implications for Modern Criminology, Sarajevo, 2018.
@inproceedings{8572574,
  abstract     = {{In recent times, legislators increasingly resort to the criminal law system in order to prevent the occurrence of future terrorist acts. In the name of security, and often pressured in the aftermath of a terrorist attack, legislators introduce new criminal law provisions so to extend the criminal liability beyond the traditional boundaries of the criminal law. However, current policy is not always accustomed to the criminological knowledge of the phenomena. Therefore, research is needed into the relationship between the preceding trajectory towards terrorism and the criminal law provisions related to terrorism. In order to gain insight into this relationship, first, an integrated phase model of radicalization is constructed based on a comparative review of thirteen existing models. Afterwards, the substantive criminal law measures of four EU-countries (i.e. Belgium, the Netherlands, the United Kingdom and France) are matched with the integrated model. On the one hand, it will be shown that the extension of criminal liability throughout the phases of the process often leads to counterproductive results. On the other hand, models of the trajectory may be misused by legislators to justify their far-reaching policy. Not only do these findings urge for a better partnership between both disciplines, it also leads to a critical assessment of the fundaments of the criminal law system and more in particular the principles of subsidiarity, proportionality and legality.}},
  author       = {{De Coensel, Stéphanie}},
  keywords     = {{counterterrorism,phase model of radicalization,criminal liability,preventive justice}},
  language     = {{und}},
  location     = {{Sarajevo}},
  title        = {{Extending criminal liability throughout the phases of the radicalization process : Building bridges between the knowledge of criminological sciences and the counterterrorism legislation within the criminal law}},
  year         = {{2018}},
}