Anticipative Criminal Investigation Theory and Counterterrorism Prac
This book deals with the adoption of counterterrorism measures in the Netherlands and the United States which facilitate criminal investigations with a preventive focus (anticipative criminal investigations). These anticipative criminal investigations are
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Marianne F.H. Hirsch Ballin
Anticipative Criminal Investigation Theory and Counterterrorism Practice in the Netherlands and the United States
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Dr. Marianne F.H. Hirsch Ballin Pels Rijcken & Droogleever Fortuijn N.V. PO Box 11756 2502 AT The Hague Zuid-Holland The Netherlands
ISBN 978-90-6704-842-2 DOI 10.1007/978-90-6704-843-9
e-ISBN 978-90-6704-843-9
Library of Congress Control Number: 2011946091 T.M.C. ASSER
PRESS,
The Hague, The Netherlands, and the author 2012
Published by T.M.C. ASSER PRESS, The Hague, The Netherlands www.asserpress.nl Produced and distributed for T.M.C. ASSER PRESS by Springer-Verlag Berlin Heidelberg No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Cover design: eStudio Calamar, Berlin/Figueres Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
To my parents
Foreword
Law performs three national security functions. It provides substantive authority to act. It provides essential process. And, it conveys essential societal and security values. In United States practice each of these foundational functions is found in Constitutional law, statutory law, and Executive directive.1 9/11 put uncommon strain on each of these law functions. In truth, the stress was already evident as the law evolved from the certitude of Cold War substance, structure, and values, to a less certain orientation toward rogue states and transnational threats, including non-state actors intent on obtaining and, in the case of at least al-Qaeda, using weapons of mass destruction (WMD). There were advents of the future to come; including the 1993 attack on the World Trade Center and the 1995 attack on the Murrah Federal Building in Oklahoma City. However, legal and especially legislative change was incremental, if it occurred at all. In the mid-1990s, spending was increased on WMD preparedness; the military was authorized to assist in the event of a WMD incident; however, efforts to expand the government’s surveillance authorities in the area of roving wiretap and ‘‘lone wolf’’2 authority were rebuffed in the Congress. The Executive’s identification of the WMD and al-Qaeda threat was more robust as were subsequent overt efforts to target Osama Bin Laden. Less evident were the covert efforts to do the same until referenced in the 9/11 Commission Report. In the 1990s then, the United States had moved, or was moving, from a reactive or law
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