國立高雄大學圖資館 |

The criminalization of incitement to terrorism from an international perspective

Record Type:	Electronic resources : Monograph/item
Title/Author:	The criminalization of incitement to terrorism from an international perspectiveby Ye Tao.
Author:	Tao, Ye.
Published:	Cham :Springer Nature Switzerland :2023.
Description:	vi, 170 p. :ill., digital ;24 cm.
Contained By:	Springer Nature eBook
Subject:	TerrorismLaw and legislation.
Online resource:	https://doi.org/10.1007/978-3-031-34370-4
ISBN:	9783031343704$q(electronic bk.)

The criminalization of incitement to terrorism from an international perspective
Tao, Ye.

The criminalization of incitement to terrorism from an international perspective[electronic resource] /by Ye Tao. - Cham :Springer Nature Switzerland :2023. - vi, 170 p. :ill., digital ;24 cm.

Introduction -- Definitional elements of incitement to terrorism from an international perspective -- The necessity and limitations of the criminalization of incitement to terrorism -- The appropriate scope for the criminalization of incitement to terrorism -- Summary, conclusions and recommendations.

This book critically analyzes the criminalization of incitement to terrorism under the fundamental principles of legality, necessity, and proportionality with the aim of striking a fair balance between security and liberty on this complicated issue. The criminalization of incitement to terrorism has gained momentum, but no exact or generally accepted definition of this offense exists at the international level. What's more, given that the criminalization of incitement to terrorism results in restrictions on the exercise of citizens' freedom of expression, there should be certain limitations on those criminal measures to avoid unnecessary or disproportionate infringement of this fundamental human right. Nevertheless, there has not been a precise standard by which to determine how to draw the line between anti-terrorism and the protection of freedom of expression. Hence, it could be concluded that the criminalization of incitement to terrorism concerns how to balance security and liberty, and the safeguarding principles of legality, necessity, and proportionality should be fully observed in considering this issue. This book studies definitions of "incitement", "terrorism", and "incitement to terrorism" under the relevant international and national legislation, and points out the existing absence, ambiguousness, or substantive divergence in defining actus reus and mens rea regarding incitement to terrorism. It carefully considers the current need for and essential limitations on criminal measures against incitement to terrorism in accordance with the principles of necessity and proportionality, and particularly focuses on how to balance the protection of freedom of expression with the criminalization of incitement to terrorism. In considering how to draw a line between the two, the book formulates precise requirements for objective and subjective elements of this offense in accordance with the principle of legality. Given its scope, it will be of interest not only to academics, human rights lawyers and practitioners, but also to policymakers, as it offers an extensive evaluation of the effects and counter-effects of existing criminal measures.

ISBN: 9783031343704$q(electronic bk.)

Standard No.: 10.1007/978-3-031-34370-4doiSubjects--Topical Terms:

296590
Terrorism
--Law and legislation.

LC Class. No.: KZ7220

Dewey Class. No.: 345.02317

The criminalization of incitement to terrorism from an international perspective
LDR:03463nmm a2200325 a 4500 001 648741
003 DE-He213
005 20230725215031.0
006 m d
007 cr nn 008maaau
008 240116s2023 sz s 0 eng d
020 $a 9783031343704$q(electronic bk.)
020 $a 9783031343698$q(paper)
024 7 $a 10.1007/978-3-031-34370-4 $2 doi
035 $a 978-3-031-34370-4
040 $a GP $c GP
041 0 $a eng
050 4 $a KZ7220
072 7 $a LNF $2 bicssc
072 7 $a LAW026000 $2 bisacsh
072 7 $a LNF $2 thema
082 0 4 $a 345.02317 $2 23
090 $a KZ7220 $b .T171 2023
100 1 $a Tao, Ye. $3 958550
245 1 4 $a The criminalization of incitement to terrorism from an international perspective $h [electronic resource] / $c by Ye Tao.
260 $a Cham : $b Springer Nature Switzerland : $b Imprint: Springer, $c 2023.
300 $a vi, 170 p. : $b ill., digital ; $c 24 cm.
505 0 $a Introduction -- Definitional elements of incitement to terrorism from an international perspective -- The necessity and limitations of the criminalization of incitement to terrorism -- The appropriate scope for the criminalization of incitement to terrorism -- Summary, conclusions and recommendations.
520 $a This book critically analyzes the criminalization of incitement to terrorism under the fundamental principles of legality, necessity, and proportionality with the aim of striking a fair balance between security and liberty on this complicated issue. The criminalization of incitement to terrorism has gained momentum, but no exact or generally accepted definition of this offense exists at the international level. What's more, given that the criminalization of incitement to terrorism results in restrictions on the exercise of citizens' freedom of expression, there should be certain limitations on those criminal measures to avoid unnecessary or disproportionate infringement of this fundamental human right. Nevertheless, there has not been a precise standard by which to determine how to draw the line between anti-terrorism and the protection of freedom of expression. Hence, it could be concluded that the criminalization of incitement to terrorism concerns how to balance security and liberty, and the safeguarding principles of legality, necessity, and proportionality should be fully observed in considering this issue. This book studies definitions of "incitement", "terrorism", and "incitement to terrorism" under the relevant international and national legislation, and points out the existing absence, ambiguousness, or substantive divergence in defining actus reus and mens rea regarding incitement to terrorism. It carefully considers the current need for and essential limitations on criminal measures against incitement to terrorism in accordance with the principles of necessity and proportionality, and particularly focuses on how to balance the protection of freedom of expression with the criminalization of incitement to terrorism. In considering how to draw a line between the two, the book formulates precise requirements for objective and subjective elements of this offense in accordance with the principle of legality. Given its scope, it will be of interest not only to academics, human rights lawyers and practitioners, but also to policymakers, as it offers an extensive evaluation of the effects and counter-effects of existing criminal measures.
650 0 $a Terrorism $x Law and legislation. $3 296590
650 0 $a Terrorism (International law) $3 691621
650 1 4 $a Criminal Law and Criminal Procedure Law. $3 823831
650 2 4 $a Human Rights. $3 558690
650 2 4 $a European Fundamental Rights and Freedoms. $3 849592
650 2 4 $a European Criminal Law. $3 861766
650 2 4 $a International Security Studies. $3 774426
710 2 $a SpringerLink (Online service) $3 273601
773 0 $t Springer Nature eBook
856 4 0 $u https://doi.org/10.1007/978-3-031-34370-4
950 $a Law and Criminology (SpringerNature-41177)