Any crime could generate digital evidence. That is a reality law enforcement authorities across the world need to face. The volatile and “unterritorial” nature of the evidence means that... Show moreAny crime could generate digital evidence. That is a reality law enforcement authorities across the world need to face. The volatile and “unterritorial” nature of the evidence means that international cooperation in criminal matters is confronted with new questions. One of these questions is whether the traditional cooperation mechanism, mutual legal assistance, is a viable way of working. Due to its time-consuming and cumbersome functioning combined with the lack of a faster alternative, countries have developed unilateral and extraterritorial methods of evidence gathering. This paper zooms in on this development and the risks it entails. Show less
In recent decades, the number of long-term detainees held worldwide has increased significantly. Academics and policy makers have begun to challenge the widespread use and effectiveness of such... Show more In recent decades, the number of long-term detainees held worldwide has increased significantly. Academics and policy makers have begun to challenge the widespread use and effectiveness of such severe sentences, however. This article aims to shed light on the role of human rights in imposing and executing long-term custodial sentences. There appears to be tension between ensuring that human rights are respected and provision of security through the incapacitation of offenders. This tension can only be understood properly in the context of contemporary risk-management associated with increased punitiveness. Show less
Terrorism has often been associated with armed conflict. The so-called Islamic State is the most prominent example of a group that rose to power amidst armed conflict. Against this backdrop, it... Show moreTerrorism has often been associated with armed conflict. The so-called Islamic State is the most prominent example of a group that rose to power amidst armed conflict. Against this backdrop, it sounds rather strange to associate terrorism with peace. Terrorism, however, has also been called, “the peacetime equivalent of war crimes”. This raises the question how the concepts of terrorism, peace, armed conflict and war crimes relate. This article defines these concepts and applies them in the context of International Humanitarian Law, which is also known as the law of armed conflict. It also discusses today’s fight against IS in light of the November 2015 Paris Attacks, thereby questioning the consequences and desirability of a war paradigm. Show less
Parliamentary oversight and control of intelligence and security services is complex, in theory as well as in practice. Because of the secrecy that surrounds their work, parliamentary control is... Show moreParliamentary oversight and control of intelligence and security services is complex, in theory as well as in practice. Because of the secrecy that surrounds their work, parliamentary control is essentially difficult. In this article the Dutch experiences in institutionalizing and practising oversight are explored. It will become clear that factors such as the structural makeup of the parliamentary committee for oversight, political culture, and the personal views of the Members of Parliament involved, decide to a large degree how often the committee convenes, what the atmosphere of the meetings is like, and what issues are on the table. Show less