Approval of Terrorist Actions

The relationship between national and international criminal law has grown increasingly closer over time. However, are national courts providing enough consideration to international law in national criminal cases? In cases concerning Danish terrorism legislation and the approval of terrorism, it appears that the answer may be in the negative. The latest development in the conflict between Israel and Hamas has led to several national Danish indictments and convictions under § 136 (2) of the Danish Penal Code for approving the actions committed by Hamas against Israel on 7 October 2023. The article concludes that in such cases, the Danish national courts have not been conducting the required assessments linking national law to EU and international humanitarian law.

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Publication Details

Journal
Bergen Journal of Criminal Law & Criminal Justice
Published
2024-12-29
DOI
https://doi.org/10.15845/bjclcj.v12i2.4441
Citations
1
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
2.23
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article

Approval of Terrorist Actions

Nanna Grønning-Madsen, B. Aloka Wanigasuriya
1 citations
Bergen Journal of Criminal Law & Criminal Justice
International Law and Human Rights
2.23
article

Approval of Terrorist Actions

Nanna Grønning-Madsen, B. Aloka Wanigasuriya
article en
1 citations

Abstract

The relationship between national and international criminal law has grown increasingly closer over time. However, are national courts providing enough consideration to international law in national criminal cases? In cases concerning Danish terrorism legislation and the approval of terrorism, it appears that the answer may be in the negative. The latest development in the conflict between Israel and Hamas has led to several national Danish indictments and convictions under § 136 (2) of the Danish Penal Code for approving the actions committed by Hamas against Israel on 7 October 2023. The article concludes that in such cases, the Danish national courts have not been conducting the required assessments linking national law to EU and international humanitarian law.

Bergen Journal of Criminal Law & Criminal JusticeVol. 12(2)
University of Southern Denmark (DK)
Peace, Justice and strong institutions
Openalex Percentile: Top 8%
International Law and Human Rights
2.23
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