Supervisors info:
Γεώργιος Κυριακόπουλος, Επίκουρος Καθηγητής Διεθνούς Δικαίου, Νομική Σχολή Εθνικού και Καποδιστριακού Πανεπιστημίου Αθηνών
Summary:
International terrorism is one of the most important contemporary challenges facing the international community. It does not mean, however, that its treatment can be reduced to an end in itself, nor that the relevant reactions can be supra legem, especially when referring to the actions of the competent police services.
Among the various instruments of the existing institutional framework for dealing with it, the one of managerial precaution based on information is preferred. Crime prevention, and in particular terrorism, as a method of deterrence, is emerging as a new legitimizing reason for the production and utilization of knowledge around individuals, at the limits of this current trend in anti-crime policy.
The new trend that is being tested by the police practice internationally, as in our country, concerns the shift from prevention to managerial precaution. It focuses more, therefore, on the "technological neutralization" of the terrorist threat, based on the managerial philosophy and strategic planning with "weapon" the processed information, intelligence.
The measures taken to institutionally strengthen the public police information system, as a form of counter-terrorism control to facilitate the collection, analysis and sharing of information, are now being approached more critically and cautiously, as we see a significant reduction in existing warranty restrictions. The institutional mechanism of international police cooperation as well, must be part of the national structures of anti-crime policy and must be utilized in accordance with the constitutional principles and the relevant provisions of the national legislative frameworks.
The growing administrative power of the state must be limited within the framework and regularity of the criminal justice system and not outside it by invoking exceptional conditions of danger, either the disorganization of society and the quality of life or the realization of the terrorist threat.
It is another thing to manage risks through the criminal justice system by respecting the guarantees of restrictions on personal liberty and privacy, using the most appropriate, necessary and proportionate means and applying the rules of due process; and another attempt to eliminate them completely, often through uncertain or even difficult to control their transparency-legality, administrative-police procedures and control measures.
With this extension of pre-crime measures, criminal control is pushed to the forefront of criminal behavior through the modernizing practice of so-called "proactive policing", shaping the characteristics of a "preventive or precursor" criminal justice.
Among the tested strategies and means of combating international terrorism, in the modern and complex globalized environment, the Intelligence-Led Policing model is the innovation that by methodically using the collected data with modern technologies, gives the opportunity to the law enforcement authorities to prevent terrorist attacks.
It contributes substantially, at the level of the philosophy of managing significant criminal risks, let alone international terrorism, and to the development of a culture of the value of information, rather than reacting spasmodically and pursuing another terrorist attack. It is now in demand, in the modern globalized terrorist threat. That is why the application of precaution through the deterrent use of information in a dynamic way is emerging as a key response in the fight against international terrorism.
Keywords:
Managerial precaution, intelligence-led policing, international terrorism, precaution through the deterrent use of information in a dynamic way, culture of the value of information
