LL448E      Half Unit
Terrorism and the Rule of Law

This information is for the 2025/26 session.

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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. 

It would be great if prospective students could read in advance some or all of C A Gearty, Homeland Insecurity. The Rise and Rise of Global Anti-Terrorism Law (Polity, 2024)

Additionally, 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.

Further reading:

(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 [2013] UKSC 64 (https://www.supremecourt.uk/decided-cases/docs/UKSC_2012_0124_Judgment.pdf); Beghal v DPP [2015] 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 [2017] 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 [2014] 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’ [2013] (3) European Human Rights Law Review 233-246. 

Assessment Pathway 1

Essay (100%, 8000 words)

Assessment Pathway 2

Legal problems (100%)