Illegal advocacy in collaboration with foreign intelligence services [Article in Norwegian]
Prof. John Winterdyk will speak for the research group on November 18th
What is the proper balance between security and fundamental personal freedoms?
Illegal advocacy in collaboration with foreign intelligence services [Article in Norwegian]
Associate professor Martin Hennig has published an article on the subject in Nordisk Tidsskrift for Kriminalvidenskab (Nordic Journal of Criminal Science).
Prof. John Winterdyk will speak for the research group on November 18th
On November 18th, Professor John Winterdyk will speak on the subject of “Red Light human trafficking: The elusive enigma of modern-day slavery” for the research group on Crime Control and Security Law. Winterdyk is a professor in criminology at Mount Royal University in Calgary, Canada.
What is the proper balance between security and fundamental personal freedoms?
A new interdisciplinary research group based at the Faculty of Law is trying to find the answer.
From the research groups inaugural meeting in Tromsø, Norway. Foto: UiT
The research group "Crime Control and Security Law" is led by Nandor Knust, associate professor at the Faculty of Law. During the inaugural meeting of the research group Knust highlights that the raison d’être of public authority, that is, the safeguarding of freedom and human dignity of the individuals, is reflected in the concepts of the social contract and the rule of law. The fundamental idea of the concept of the social contract is for the state to ensure security for its citizens. In a liberal democracy this must be done in a way that does not disproportionally interfere with certain fundamental rights, he says.
In the face of threats to society, most people think that it is acceptable for the state to intervene into fundamental rights of the individuals to ensure security and social order. Knust points out that the problem even multiplies when it comes to safeguarding fundamental rights in a society that is under constant threat, from, for example, terrorism or a global pandemic. How, then, to balance on the one side the security of the individuals and of the society as a whole; and on the other side the protection of fundamental rights, freedoms and privacy?
When talking about security in 2021, one cannot escape digitalization and new technologies. Therefore, founding member of the research group on crime control and security law is Dag Johansen and his team of the UIT research group of cyber security. Dag Johansen is a professor at the Department of Computer Science at UiT and is one of the research groups computer savvy members. He points out that typically a technology comes into use years before the legislation that is intended to regulate its use.
- Our vision must be to close this gap between technology and legislation, Johansen states.
In addition to gathering researchers from many different institutions and projects, such as the Max Planck Otto Hahn Research Group on Alternative and Informal Systems of Crime Control and Criminal Justice and the law faculty of the University of Bergen. The group has also strong collaborations with actors outside academia, including The Norwegian Fishermen’s Sales Organization and Sparebank 1 Nord-Norge. - This gives us a unique opportunity to test our theories in practice, Knust points out.
The research group on crime control and security law focuses on different judicial, quasi-judicial and non-judicial instruments of crime control on the national, regional and international level. The group aims at debating the relationship between fundamental personal freedoms and security in the light of change of the landscape of our social co-existence and recent developments in criminal justice and the security law architecture.
International and national armed conflicts, mass violence, terrorism, organised crime, large-scale environmental crimes, etc. are a permanent threat to mankind and the entire planet. One way to respond to these threats is the creation of criminal responsibility for individuals (and corporations). Typically, criminal law is considered the manifestation of the ultima ratio application of the monopoly of power by national states. But in a globalised world and the transnational crime associated with it, criminal law leaves the strict boundaries of the national state and its territory aside to form a new subcategory of law: International Criminal Law. The examination, the deeper understanding, and the application of this legal subsystem are the primary goals//objectives of this course. To generate a better understanding of the functions and the logic of this system of international criminal law and how it interacts with other legal and non-legal systems (such as truth commissions, customary procedures, etc.), this course is divided into three main parts:
1. General concepts of international criminal law: Four categories
2. ‘Atrocity crimes’: International Criminal Law strictu sensu
3. Transitional Justice: Plurality of legal, quasi-legal, and non-legal responses to mass violence and large-scale conflicts.
Hennig, Martin. Ulovlig påvirkningsvirksomhet i samarbeid med fremmed etterretningstjeneste. Nordisk Tidsskrift for Kriminalvidenskap 2021 (3), s. 434-451.
2021
Rui, Jon Petter; Knust, Nandor; Billis, Emmanouil. The Typology of Proportionality. I: Proportionality in Crime Control and Criminal Justice. Hart Publishing Ltd 2021 ISBN 9781509938605. s.3-28 UiB UiT
2020
Rui, Jon Petter. Fra menneskerettighetsdomstolen. Unntak fra bevisumiddelbarhetsprinsippet ved opplesing av vitneforklaring under hovedforklaring avgitt av vitne som møter, men ikke vil forklare seg. Tidsskrift for strafferett 2020 s.92-99 UiT
2019
Rui, Jon Petter; Søreide, Tina. Governments' Enforcement of Corporate Bribery Laws: A Call for a Two-Track Regulatory Regime. Tidsskrift for Rettsvitenskap 2019 ;Volum 132.(2) s.132-162 NHH UiT