Comparative Counter-Terrorism Law Terrorism law is as international as it is regionally distinct and as difficult to define as it is essential to address. Given recent pressures to harmonize terrorism laws from international organizations such as the United Nations Security Council, the Financial Action Task Force, and the Council of Europe, this book presents readers with an up-to- date assessment of terrorism law across the globe. Covering twenty-two jurisdictions across six continents, the common framework used for each chapter facilitates national comparisons of a range of laws, including relevant criminal, administrative, financial, secrecy, and military laws. Recognizing that similar laws may yield different outcomes when transplanted into new contexts, priority of place is given to examples of real-world application. Including an extensive introduction to the field as well as a detailed final chapter on common themes and future challenges, this book will help establish comparative counter-terrorism law as an emerging discipline crossing traditional boundaries in legal scholarship. Kent Roach is a professor of law at the University of Toronto. He served as General Reporter on counter-terrorism law at the XIX Congress on Comparative Law as well as Director of Research for the Air India bombing inquiry. His most recent book, The 9/11 Effect: Comparative Counter-Terrorism (2011), was co-recipient of the Mundell Medal for contributions to legal writing. Comparative Counter-Terrorism Law Edited by KENT ROACH University of Toronto 32 Avenue of the Americas, New York, NY 10013-2473, USA Cambridge University Press is part of the University of Cambridge. It furthers the University’s mission by disseminating knowledge in the pursuit of education, learning, and research at the highest international levels of excellence. www.cambridge.org Information on this title: www.cambridge.org/9781107057074 © Cambridge University Press 2015 This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published 2015 Printed in the United States of America A catalog record for this publication is available from the British Library. Library of Congress Cataloging in Publication Data Comparative counter-terrorism law / edited by Kent Roach. pages cm ISBN 978-1-107-05707-4 (hardback) 1. Terrorism – Prevention – Law and legislation. 2. Terrorism – Prevention. I. Roach, Kent. KZ7220.C64 2015 344.05∙32517–dc23 2015004872 ISBN 978-1-107-05707-4 Hardback Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party Internet Web sites referred to in this publication and does not guarantee that any content on such Web sites is, or will remain, accurate or appropriate. Contents Notes on Contributors page ix Acknowledgments xvii 1 COMPARATIVE COUNTER-TERRORISM LAW COMES OF AGE 1 Kent Roach Part One: North America 2 The United States 49 Sudha N. Setty 3 Canada 78 Robert Diab Part Two: South America 4 Colombia 115 Luz E. Nagle 5 Brazil 146 Rodrigo de Souza Costa Part Three: Europe 6 The United Kingdom 167 Keith Syrett 7 Switzerland 203 Bertrand Perrin and Julien Gafner v vi Contents 8 Belgium 234 Anne Weyembergh and Céline Cocq 9 Italy 269 Sabrina Praduroux 10 Spain 297 Maria Ángeles Rueda and Miguel Ángel Boldova 11 Portugal 326 José Francisco de Faria Costa 12 Greece 344 Georgios Triantafyllou 13 Croatia 363 Marissabell Škoric´ 14 Slovenia 392 Vasilka Sancin and Maša Kovicˇ Dine 15 Poland 425 Piotr Daranowski 16 The Czech Republic 457 Veronika Bílková 17 Romania 483 Raluca-Ioana Mocanu and George Antoniu Part Four: Middle East and Africa 18 Israel 511 Shiri Krebs 19 South Africa 543 Jamil Ddamulira Mujuzi Part Five: Asia and Australia 20 Japan 569 Takeyoshi Imai Contents vii 21 China 580 Li Zhe 22 Singapore 610 Eugene K. B. Tan 23 Australia 650 Fergal Davis, Nicola McGarrity and George Williams 24 THEMATIC CONCLUSIONS AND FUTURE CHALLENGES 683 Kent Roach Appendix 779 Index 789