Comparative Legal Approaches to Homeland Security and Anti-Terrorism

James Beckman

• Publisher: Routledge
• Year: 2016
• Print ISBN: 9780754646518
• eBook ISBN: 9781317163053
• Edition: 1
• Topic: Politics & International Relations
• Subtopic: Politics
• Index: Politics & International Relations

The spectre and fear of another terrorist attack looms large for most of the world's citizenry and for the domestic law agencies charged with protecting these citizens and countries. This book explores how various countries have dealt with or are dealing with homeland security in the aftermath of terrorist attacks such as 9/11, the underground tube attacks in London in 2005, the Madrid train bombing in Spain, and compares global approaches and lessons to the US and the world. This unique study looks at homeland security law and policy utilizing a comparative analysis methodology ideal for those interested in law and security.

Homeland Security Series

Series Editors:

Tom Payne, University of Southern Mississippi, USA

Tom Lansford, University of Southern Mississippi, USA

This series seeks to provide a body of case studies to explore the growing importance and prominence of homeland security to national defence policy and to examine the development of homeland security within the broader context of national defence policy in the United States and other major developed states. This series will identify and analyze the major threats that are particular to homeland security, as well as those that affect broader national security interests. Comparative studies will be used to elucidate the major similarities and differences in how states approach homeland security and works which advocate new or non-traditional approaches to homeland security. The series aims to integrate information from scholars and practitioners to provide works which will influence the policy debate and examine the ramifications of policy.

Comparative Legal Approaches To Homeland Security and Anti-Terrorism

James Beckman

The University of Tampa, Florida, USA

First published 2007 by Ashgate Publishing

Published 2016 by Routledge

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Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright © 2007 James Beckman

James Beckman has asserted his moral right under the Copyright, Designs and Patents Act, 1988, to be identified as the author of this work.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

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British Library Cataloguing in Publication Data

Beckman, James

Comparative legal approaches to homeland security and anti-terrorism

1. National security – Law and legislation 2. National security – Law and legislation – Case studies 3. Terrorism – Prevention 4. Terrorism – Prevention – Case studies

I. Title

345’.02

Library of Congress Cataloging-in-Publication Data

Beckman, James.

Comparative legal approaches to homeland security and anti-terrorism / by James Beckman.

p. cm. -- (Homeland security)

Includes bibliographical references and index.

ISBN-13: 978-0-7456-4651-8

1. National security--Law and legislation--United States. 2. National security--Law and legislation. 3. Internal security. 4. Terrorism--Prevention. I. Title.

KF4850.B43 2007

343.73’01--dc22

2006031450

ISBN: 978 0 7546 4651 8 (hbk)

ISBN: 978 1 3155 7309 0 (ebk)

DOI: 10.4324/9781315573090

Contents

• Acknowledgements
• Preface
• Introduction
• 1 The United States
• 2 The United Kingdom
• 3 Germany
• 4 Spain
• 5 Russia
• 6 Japan
• 7 Israel
• 8 International Law Components—EU and International Law Considerations
• 9 The Current Status of Homeland Security
• Bibliography
• Index

This book is dedicated to my wife, Maria Dawn Beckman. If the world were filled with individuals with as noble and generous a spirit as hers, there would be no need for a book of this nature.

Acknowledgements

First and foremost, I am grateful to Ashgate for the publication of this work, and multiple individuals at Ashgate who assisted directly or indirectly in the publication of this book. Also, my profound thanks are extended to the general editor of this Homeland Security series, Professor Thomas Lansford (University of Southern Mississippi). Professor Lansford recognized the importance of this topic as worthy of inclusion as part of the larger Homeland Security series, and provided important editing input, as well as administrative support during the writing of the book. I have been fortunate to work on several projects over the years with Professor Lansford, and have been repeatedly impressed with his knowledge and professionalism.

Second, I would like to acknowledge the strong institutional support provided by the University of Tampa during my time working on this project. Specifically, the University of Tampa provided a generous award of a research grant (the David Delo Faculty Research Grant) to assist with expenses incurred in the research and writing of this work. Additionally, I was fortunate to have the assistance of two incredibly bright law students, Mr. Michael Stanski and Ms. Genevieve Whitaker, who assisted with research and the compilation of materials needed to compose the chapters on the United Kingdom (Chapter Two) and Israel (Chapter Seven), respectively. Mr. Stanksi, a 2006 Honors program alumnus of the University of Tampa, was awarded an Honors Program Undergraduate Research Fellowship in 2005 to specifically assist with research for this book regarding the United Kingdom and its approach to homeland security and anti-terrorism. Ms. Whitaker, a 2003 Honors program alumna from the University of Tampa, and now a third year law student at Stetson University College of Law, conducted research on the Israeli legal system for this book. Both individuals were excellent students at UT, and the research conducted by both was top notch graduate level research, and ultimately indispensable to the completion of the U.K. and Israel sections of this book. Thus, I am indebted to both individuals for their excellent research and assistance.

Third, any acknowledgement would be incomplete without recognizing the support of my wife, Maria Beckman. A top rate lawyer and legal mind in her own right, she is clearly the “better half” of our relationship, and I greatly value her guidance and wisdom, on both this project and on a myriad of other issues. I have encountered very few people with as sharp an intellect as hers. However, beyond this, I am most grateful for her unconditional love and support during the year and a half spent researching and writing this book. She sacrificed my presence on many evenings and weekends, as I labored with some aspect or another of this book. She also listened patiently to my comments about this project, and provided key encouragement at several points when I thought this project might not reach a satisfactory conclusion. For all of this, I am deeply grateful.

Finally, any omissions or errors found in this work are attributable solely to the author. I have done my best to delineate what I believe to be the most interesting and germane aspects of each country’s approach to homeland security and anti-terrorism laws—without getting too bogged down in the minutiae of specific statutes, cases or constitutional provisions. Of course, the world is rapidly changing, and the law rarely remains stagnant, so the aspects of a particular country’s approach to homeland security and anti-terrorism laws will likely change in the coming years. However, my hope is that the reader is able to identify and appreciate the major differences and distinctions as to how each country attempts to protect the homeland from the scourge of terrorism. These major differences and distinctions are not likely to change as much over time, and also illustrate what policy determinations are most important to each country and the majority of its citizenry. American W.E.B. Du Bois once famously declared that “the problem of the Twentieth Century is the problem of the color line,” and that adequate time and resources should therefore be allocated to solving this problem. Countries such as the United States fortunately did spend much time and energy in seeking solutions to the race problems during the twentieth century. What then is the main problem of the nascent Twenty-First Century? Within a year and a half of the dawn of the century, the horrific attacks on New York and Washington, DC, occurred, causing thousands of needless deaths and carnage, and instantly making the world’s population feel less safe and secure. Will the problem of the Twenty-First Century continue to be the problem of terrorism? If so, as with race relations last century, adequate time and resources must be allocated in analyzing and attempting to solve the problem. My hope is that this book will enlighten and inform those seeking to end the scourge of terrorism—and will offer ways in which it might be done without needlessly sacrificing the positive values of society and the sanctity of the Rule of Law.

Preface

This book presents an overview for the reader as to how domestic law enforcement institutions, structures, laws, policies and agendas have generally changed since September 11, 2001, across the globe. The basic premise/idea of the author is that one country can learn from another country’s successes and failures utilizing a comparative law methodology. This is not a recent fad or unusual approach. Indeed, it is argued that

Aristotle, as far back as 350 BC, compared the cons...

Table of contents

• Cover Page
• Half Title Page
• Frontmatter 1
• Title Page
• Copyright Page
• Table of Contents
• Dedication
• Acknowledgements
• Preface
• Introduction
• 1 The United States
• 2 The United Kingdom
• 3 Germany
• 4 Spain
• 5 Russia
• 6 Japan
• 7 Israel
• 8 International Law Components—EU and International Law Considerations
• 9 The Current Status of Homeland Security
• Bibliography
• Index