Terrorist Speech and the Criminal law - A Comparative Analysis

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Abstract

This article examines the ways that the criminal justice systems of England and the Netherlands deal with terrorist speech in the form of direct and indirect incitement to terrorism. This contribution commences with a discussion of the conditions under which the criminalisation of terrorist speech is justified. That discussion identifies criteria that must be satisfied if liability for terrorist speech is to be justified. The specific English and Dutch legal frameworks for addressing terrorist speech are then assessed in light of those criteria. This comparison provides the vantage point for a critical analysis of the merits and defects of terrorist speech offences. This contribution ends by identifying and discussing doctrinal elements that must be considered in order to ensure compliance with fundamental principles of criminal law and to prevent over-criminalisation.

Original languageEnglish
Pages (from-to)230-259
Number of pages30
JournalEuropean Journal of Crime, Criminal Law and Criminal Justice
Volume25
Issue number3
DOIs
Publication statusPublished - 20 Jul 2017

Keywords

  • Dutch and English criminal law
  • PRE-CRIME
  • Terrorism
  • comparative criminal law
  • direct and indirect incitement
  • freedom of expression

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