Preemptive Measures: A New Paradigm in Counterterrorism

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Nemati Leila; SEYED MORTEZA HOSSEINI RAHELEH; MAHDAVIPOUR AZAM

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Journal: CRIMINAL LAW AND CRIMINOLOGY STUDIES Year:2020 | Volume:49 | Issue:2 Page(s): 491-512

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Title

Preemptive Measures: A New Paradigm in Counterterrorism

Author(s)

Nemati Leila | SEYED MORTEZA HOSSEINI RAHELEH | MAHDAVIPOUR AZAM | Issue Writer Certificate

Keywords

Preemptive MeasuresQ1

SurveillanceQ1

PrecrimeQ1

Early InterventionQ1

TerrorismQ1

Abstract

Today, in restoring the order ruptured by terrorist acts, the mission of the legal systems and governments is not summarized to the legislation of punitive laws and the formation of criminal responses after the occurrence of terrorist crimes. In order to control Terrorism, a new strategy has been presented in legal literature, and legislative regimes have been equipped with legitimate mechanisms called preemptive strategies before the occurrence of terrorist crimes. Accordingly, with regard to the ineffectiveness of punitive-based strategies after the occurrence of terrorist attacks, the main question of this article is: what are the Preemptive Measures in confronting Terrorism and their nature, components and the basics of justification? In an attempt to give an answer to the question, this article uses a descriptive-documentary research method. Based on the results of this study, preemptive approaches in order to mitigate the threat of Terrorism have a preventive, punitive, retributive, restrictive and obligatory nature, and their components include legal status, Early Intervention in imminent danger, non-entry into criminal proceedings which would be taken against suspects of terrorist crimes. Preemptive Measures have justificatory bases such as precaution, risk management, difficulty in prosecuting perpetrators, changes in the concept of liability and reducing damages.

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APA: Copy

Nemati, Leila, SEYED MORTEZA HOSSEINI, RAHELEH, & MAHDAVIPOUR, AZAM. (2020). Preemptive Measures: A New Paradigm in Counterterrorism. CRIMINAL LAW AND CRIMINOLOGY STUDIES, 49(2 ), 491-512. SID. https://sid.ir/paper/260725/en

Vancouver: Copy

Nemati Leila, SEYED MORTEZA HOSSEINI RAHELEH, MAHDAVIPOUR AZAM. Preemptive Measures: A New Paradigm in Counterterrorism. CRIMINAL LAW AND CRIMINOLOGY STUDIES[Internet]. 2020;49(2 ):491-512. Available from: https://sid.ir/paper/260725/en

IEEE: Copy

Leila Nemati, RAHELEH SEYED MORTEZA HOSSEINI, and AZAM MAHDAVIPOUR, “Preemptive Measures: A New Paradigm in Counterterrorism,” CRIMINAL LAW AND CRIMINOLOGY STUDIES, vol. 49, no. 2 , pp. 491–512, 2020, [Online]. Available: https://sid.ir/paper/260725/en

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