LL448E Half Unit
Terrorism and the Rule of Law
This information is for the 2017/18 session.
Prof Conor Gearty SAR.G.04
Available to Executive LLM students only. This course will be offered on the Executive LLM during the four year degree period. The Department of Law will not offer all Executive LLM courses every year, although some of the more popular courses may be offered in each year, or more than once each year. Please note that whilst it is the Department of Law's intention to offer all Executive LLM courses, its ability to do so will depend on the availability of the staff member in question. For more information please refer to the Department of Law website.
This course will provide a theoretical and historical introduction to the concept of terrorism. It will critically consider definitions of terrorism, and analyse the relationship between terrorism and the right to rebel, and the right to engage in civil disobedience. The historical development of the idea of 'terrorism' from the late eighteenth century through to the present will then be traced, with the emphasis on locating the practice of political terror in its political and military/quasi-military context. The role of international law generally and international human rights law in particular in the context of terrorism and anti-terrorism action will be considered in detail. The course will teach the material in context, so the subject will be analysed by reference to particular situations where necessary, eg Northern Ireland, the Palestine/Israel conflict and the post 11 September 'war on terror'. The aim of the course is to give the student a good critical understanding of this most controversial of subjects, and also to impart an understanding of the role of law in shaping the fields of terrorism and of counter-terrorism (and, latterly, the emerging field of ‘extremism’).
24-26 hours of contact time.
All students are encouraged to produce one 2,000 word formative essay during the course.
There are four pieces ideally to be read before we meet:
(i) Richard English Terrorism: How to Respond (Oxford 2009; pb 2010).
(ii) Conor Gearty, Liberty and Security (Polity, 2013).
(Note both of these books are in paperback, and short!)
(iii) Conor Gearty, ‘Terrorism and Human Rights’ in Gearty, Selected Essays on Human Rights and Terrorism (Cameron May 2008), ch 24 – I have a PDF available.
(iv) Conor Gearty, ‘Terrorist threats, Anti-terrorism and the Case against the Human Rights Act’ in F Cowell (ed), Critically Examining the Case against the Human Rights Act (Hart 2017) I have a word version.
Please try to ensure that you have completed this reading prior to the module.
(v) A marvellous fund of information is at: http://www.parliament.uk/topics/Terrorism.htm
(vi) R English, Does Terrorism Work? (OUP 2016).
(vii) R v Gul  UKSC 64 (https://www.supremecourt.uk/decided-cases/docs/UKSC_2012_0124_Judgment.pdf); Beghal v DPP  UKSC 49 (https://www.supremecourt.uk/cases/docs/uksc-2013-0243-judgment.pdf).
(viii) The Definition of Terrorism (A report by Lord Carlile) Cm 7052 (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/228856/7052.pdf).
(ix) Conor Gearty, ‘Human Rights in an Age of Counter-terrorism’ Oxford Amnesty Lecture 2006, in C Miller (ed) visiting Professor in the department of Government of the LSE The War on Terror (Manchester University Press, 2009) and also to be found in ch 23 of Gearty, Selected Essays on Human Rights and Terrorism (Cameron May 2008).
(x) David Omand, Securing the State (Hurst 2012).
(xi) Al-Waheed v Ministry of Defence  UKSC 2 (https://www.supremecourt.uk/cases/uksc-2014-0219.html).
(xii) Gearty “Political violence and civil liberties” in McCrudden and Chambers, eds, Individual rights and the law in Britain ch 5.
(xiii) R (Lord Carlile) v Home Secretary  UKSC 60. (https://www.supremecourt.uk/decided-cases/docs/UKSC_2013_0098_Judgment.pdf).
(xiv) D Anderson QC, ‘Shifting the Compass: How to Fight Terrorism Without Defeating the Law’  (3) European Human Rights Law Review 233-246.
(xv) Counter-terrorism and Security Act 2015 (http://www.legislation.gov.uk/ukpga/2015/6/contents/enacted/data.htm).
(xvi) CONTEST Annual Report for 2015 (https://www.gov.uk/government/publications/contest-uk-strategy-for-countering-terrorism-annual-report-for-2015).
Either a take-home examination or 8,000 word assessed essay (100%).
Total students 2016/17: Unavailable
Average class size 2016/17: Unavailable
Controlled access 2016/17: No
Value: Half Unit
Personal development skills
- Specialist skills