,,,(event: when time > 1s)[(t8n:"dissolve")[This interactive narrative is based on a case study of a historical terror attack and contains depictions of violence.]]
(event: when time > 2s)[(t8n:"dissolve")[Explore dilemmas which emerge in aftermath of an attack, through the eyes of key actors in counter-terrorism.]]
(event: when time > 3s)[(t8n:"dissolve")[This interactive narrative is intended for audiences 12 and up. If you are uncomfortable with the nature of the content or the way it is presented, please do not read any further.]]
(event: when time > 4s)[(t8n:"dissolve")[[[► Begin|Nexus]]]
(link-reveal: "**+ On Privacy**")[
Your decisions in this narrative are tracked for the purposes of understanding user engagement with different parts of the narrative, but no personally identifiable information (such as your IP address or identity) is collected.]
(link-reveal: "**+ Creative Commons**")[
As with our publications, this narrative is published in open access format and distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives License, which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited, and is not altered, transformed, or built upon in any way.]]Before we begin, please answer the following (<em>click to alter the answers</em>):
I (cycling-link: bind $occupation, "am a member of the public", "work in law enforcement", "work in the government", "work in research and academia", "work in the media", "do not belong to any of these categories").
I would like to receive (cycling-link: bind $visual, "visual", "alternative text") elements.
I would like to receive (cycling-link: bind $audio, "audio", "text-described audio") elements.
[[► Chapter Selection|Nexus]]{(set: $chapter to "Chapter 1: the Attack")
(set: $header to true)}Explore the perspective of individuals, faced with difficult choices to make, as they navigate the immediate aftermath of a devastating attack.
<center><h3>(event: when time > 1s)[(t8n:"dissolve")[[[The Citizen|Public 1]]]]
(event: when time > 2s)[(t8n:"dissolve")[[[The Reporter|Reporter 1]]]]
(event: when time > 3s)[(t8n:"dissolve")[[[The Police Officer|Police 1]]]]</h3></center>{
(set: $progress to 0)
(set: $stage to 1)
(set: $chapter to "Chapter 1: the Attack — the Reporter")
}You are in the middle of a normal day on the newsroom floor when, suddenly, reports start coming in of an explosion in the government district. It is unclear what is happening, but you are immediately reminded of recent terrorist attacks in other cities. Your news editor asks you to report on the story as soon as possible.
### What type of material or information do you broadcast or publish while the event is unfolding?
<div class="box">(link-reveal: "**+ Footage of the explosion and the human toll of the attack**")[
You visit the bombsite to capture some images of the scene before heading to a local hospital to interview survivors, relatives of those killed or wounded, as well as emergency services personnel who have responded to the attack. (link: "► This is my choice.")[(set: $reporter_choice_1A to 1)(go-to:"Reporter Choice 1A")]]</div><div class="box">(link-reveal: "**+ User-generated content showing the chaos and destruction**")[
You search social media for raw eyewitness footage and other user-generated content, building your story around clips and posts from the attack site. (link: "► This is my choice.")[(set: $reporter_choice_1B to 1)(go-to:"Reporter Choice 1B")]]</div><div class="box">(link-reveal: "**+ Expert analysis and commentary**")[
With images and video already flooding the airwaves, you line up terrorism experts, former police officers and other commentators to provide their views on what’s happened and who might be responsible. (link: "► This is my choice.")[(set: $reporter_choice_1C to 1)(go-to:"Reporter Choice 1C")]]</div>
(if: $stage is 1)[<center>
---
(if: $chapter_end is true)[[[► Continue to Chapter 2: The Trial|End Chapter 1]]
Explore a different perspective in this Chapter: (if: $police1_complete is true)[
<s>The Police Officer</s>](else:)[
[[► The Police Officer|Police 1]]](if: $reporter1_complete is true)[
<s>The Reporter</s>](else:)[
[[► The Reporter|Reporter 1]]](if: $public1_complete is true)[
<s>The Citizen</s>](else:)[
[[► The Citizen|Public 1]]]
]
(link-undo: "Go Back") | [[Restart Chapter|Nexus 1 - Attack]] | [[Chapter Selection|Nexus]]</center>
](if: $stage is 2)[<center>
---
(if: $chapter_end is true)[[[► Continue to Chapter 3: The Aftermath|End Chapter 2]]
Explore a different perspective: (if: $prosecutor2_complete is true)[
<s>The Prosecutor</s>](else:)[
[[The Prosecutor|Prosecutor 4]]](if: $reporter2_complete is true)[
<s>The Legislator</s>](else:)[
[[The Legislator|Reporter 4]]](if: $public2_complete is true)[
<s>The Judge</s>](else:)[
[[The Judge|Public 4]]]
]
(link-undo: "Go Back") | [[Restart Chapter|Nexus 2 - Trial]] | [[Chapter Selection|Nexus]]</center>
](if: $stage is 3)[<center>
---
(if: $chapter_end is true)[[[► End Game|End Chapter 3]]
Explore a different perspective in this Chapter: (if: $police3_complete is true)[
<s>The Prison Administrator</s>](else:)[
[[The Prison Administrator|Police 7]]](if: $public3_complete is true)[
<s>The Intelligence Officer</s>](else:)[
[[The Intelligence Officer|Public 7]]]
]
(link-undo: "Go Back") | [[Restart Chapter|Nexus 3 - Remembrance]] | [[Chapter Selection|Nexus]]</center>
]{
(set: $chapter_end to false)
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<script>$('tw-passage').hide().fadeIn(1000);</script>
}(event: when time > 0.1s)[<center>(if: $header is true)[<center>$chapter</center>(print: '<meter value="' + (text: $progress) + '" min="0" max="100"></meter>')]]</center>
{
(set: $progress to 0)
(set: $stage to 1)
(set: $chapter to "Chapter 1: the Attack — the Police Officer")
}
You are a police officer in an elite counter-terrorism unit. Following reports of an explosion in the governmental district emerge, your unit prepares to deploy for what appears to be a probable terrorist attack. As you arrive at the scene of the bombing, you are receiving conflicting information from multiple sources - police dispatch, other first responders on the scene, and members of the general public who are eyewitnesses or victims.
### What information do you prioritise as you respond to the potential attack?
<div class="box">(link-reveal: "**+ Information from dispatch about the scene of the bombing**")[
Dispatch shares information about the ongoing situation, including the location of dead and wounded and what actions are needed to secure the scene. (link: "► This is my choice.")[(set: $police_1 to "1")(go-to:"Police Choice 1A")]]</div><div class="box">(link-reveal: "**+ Information relevant to your personal safety**")[
You assess whether you have sufficient equipment for you and your colleagues to stay safe while securing the area. It is possible the attacker has planted other bombs or is waiting to ambush emergency responders. (link: "► This is my choice.")[(set: $police_1 to "2")(go-to:"Police Choice 1B")]]</div><div class="box">(link-reveal: "**+ Information about the attacker’s profile and potential next target**")[
You focus on information about possible descriptions and potential movements of the attacker(s). Are they still in the vicinity? How can you intercept and neutralise them as quickly as possible. (link: "► This is my choice.")[(set: $police_1 to "3")(go-to:"Police Choice 1C")]]</div>{
(set: $progress to 0)
(set: $stage to 1)
(set: $chapter to "Chapter 1: the Attack — the Citizen")
}There appears to have been a major terrorist attack in your city. Images and video from the scene are flooding news channels and social media. You are worried. You start looking for information about how to keep yourself safe, and you want to know if any of your friends or family are caught up in the attack. You have a number of choices to make as the attack unfolds.
### Where do you go for information about the attack?
<div class="box">(link-reveal: "**+ Mainstream news outlets**")[
You turn on the TV, listen to the radio, or go to official news websites. (link: "► This is my choice.")[(set: $public_1 to "1")(go-to:"Public Choice 1A")]]</div><div class="box">(link-reveal: "**+ Social media**")[
You open up Facebook, Twitter, Instagram or the like, wherever your friends and family are most likely to be posting. (link: "► This is my choice.")[(set: $public_1 to "2")(go-to:"Public Choice 1B")]]</div><div class="box">(link-reveal: "**+ Official government sources**")[
You pay close attention to what government officials and the police say at press conferences and on their websites. (link: "► This is my choice.")[(set: $public_1 to "3")(go-to:"Public Choice 1C")]]</div>{
(set: $visual to "visual")
(set: $audio to "audio")
(set: $progress to 0)
(set: $surveyLink to "https://leidenuniv.eu.qualtrics.com/jfe/form/SV_cwsX5GKrJ3CrpQh")
(set: $actions to "&name=you")
(set: $reporter_1 to "2")
(set: $reporter_2 to "2")
(set: $reporter_3 to "2")
(set: $reporter_4 to "2")
(set: $reporter_5 to "2")
(set: $reporter_6 to "2")
(set: $police_1 to "2")
(set: $police_2 to "2")
(set: $police_3 to "2")
(set: $public_2A to "goggles")
(set: $public_2B to "moogles")
(set: $public_2C to "tornado")
(set: $public_3 to "2")
(set: $prosecutor_1 to "2")
(set: $prosecutor_2 to "2")
(set: $prosecutor_3 to "2")
(enchant: ?question, (css: "text-align: left"))
}{
(set: $progress to it + 20)
}While on scene at the bombing, your radio crackles with news of a mass shooting attack in progress outside the city. Although it is not yet clear if the two attacks are connected, your elite counter-terrorism unit redeploys to the second site. Your team moves quickly towards the sound of gunfire, passing dead and wounded on the ground. Suddenly, you come face-to-face with an attacker. They are holding an assault rifle and wearing a bulky jacket.
### How do you engage the attacker?
<div class="box">(link-reveal: "**+ Open fire**")[
The attacker poses a clear and direct danger to you and your team. He could be wearing an explosive vest or other improvised explosive device. You need to neutralise the threat immediately. (link: "► This is my choice.")[(set: $police_2 to "1")(go-to:"Police Choice 2A")]]</div><div class="box">(link-reveal: "**+ Attempt an arrest**")[
Weapons trained on the suspect, you command him to drop his rifle and raise his hands. You want to stop the attack with minimum force. (link: "► This is my choice.")[(set: $police_2 to "2")(go-to:"Police Choice 2B")]]</div>{
(set: $progress to it + 20)
}With the suspect now in custody, the bombing and shooting are now officially confirmed as a terrorist attack. There is still widespread public fear and panic. Even as your unit debriefs, a vast and confusing array of communications are flooding the online space from many different actors, including the police, government, the media, members of the public, and even extremists and terrorist groups. Law enforcement must decide if - and how - to engage in the public debate.
### What is the top communications priority for police in the wake of an attack?
<div class="box">(link-reveal: "**+ Official statements issued through physical and online channels**")[
Mobilise and coordinate critical public information and response – including actions you want citizens to take – and clear statements about what you know and don’t know about the attack. (link: "► This is my choice.")[(set: $police_3 to "1")(go-to:"Police Choice 3A")]]</div><div class="box">(link-reveal: "**+ Takedowns of terrorist content and propaganda related to the attack that are circulating online**")[
Terrorism is ‘propaganda of the deed’. The fewer people that view extremist content related to this attack, the better. You don’t want terrorist messaging dominating the digital space. (link: "► This is my choice.")[(set: $police_3 to "2")(go-to:"Police Choice 3B")]]</div><div class="box">(link-reveal: "**+ Staying out of the spotlight**")[
Public relations and communications isn’t the job of the police. Your main responsibility is to deal with the threat and conduct investigations. (link: "► This is my choice.")[(set: $police_3 to "3")(go-to:"Police Choice 3C")]]</div>{
(set: $progress to it + 20)
}
### <img src="Assets/Reality.png" width="35" height="35"> In Reality
(if: $visual is "visual")[<center><img src="Assets/Reporting1.jpg"><img src="Assets/Reporting2.jpg"><img src="Assets/Reporting3.jpg"></center>
]
###<img src="Assets/Consideration.png" width="35" height="35"> Key Considerations
In order to achieve their goals, terrorists seek to promote their acts of violence to as wide an audience as possible. Whether seeking to radicalise potential recruits, or aiming to spread fear through society, terrorists stand to gain from media coverage of their acts. This poses substantial challenges to journalists covering terrorist groups and their attacks.
Journalists have a professional duty to shed light on important events of the day. An independent, assertive, responsible and <a href='https://icct.nl/app/uploads/2018/05/INGRAM-paris-speech.pdf' target='blank'> critically engaged media is a key tool </a>democracies have in the fight against terrorism and violent extremism.
However, the media is also a tool that terrorists actively seek to exploit. When reporting on terrorism, journalists can run the risk of providing terrorists with the coverage they crave. [<a href='https://www.youtube.com/watch?v=7G8MEZeFMhY' target='blank'>● Video</a>]
Deepened by the speed of information delivery on social media, the ever-growing thirst for news in real time can leave journalists at risk of amplifying the terrorist threat. Similarly, unbalanced or speculative journalism – especially while an attack is still unfolding – often do more harm than good by adding to the confusion and creating misinformation.
What should journalists consider while reporting on a terror attack? There are some guidelines for responsible media reporting on terrorism – for example those published by the <a href='https://unesdoc.unesco.org/ark:/48223/pf0000247074' target='blank'> UN</a> or the<a href='https://www.osce.org/files/f/documents/9/2/442381.pdf' target='blank'> OSCE</a> – based on best practices. Much of this focuses on ethics, especially in terms of protecting the dignity and rights of the victims of terrorism. However, no editorial procedures and practices are universally accepted, let alone universally adopted.
Keep in mind that in many countries, journalists reporting on terrorism work in restrictive political environments, with national governments or other actors seeking to influence or prevent reporting on terrorist violence. This can place significant additional burdens on reporters.
### <img src="Assets/Research.png" width="35" height="35"> Research Findings
* <a href='https://icct.nl/publication/towards-a-framework-for-post-terrorist-incident-communications-strategies/' target='blank'>Towards a Framework for Post-Terrorist Incident Communications Strategies</a>
* <a href='https://icct.nl/publication/how-not-to-manage-fear-after-terrorist-attacks/' target='blank'>How (not) to Manage Fear after Terrorist Attacks</a>
* <a href='https://icct.nl/publication/running-amaq-the-practice-of-western-media-citing-islamic-state-propaganda/' target='blank'>Running A’maq: The Practice of Western Media Citing Islamic State Propaganda</a>
* <a href='https://icct.nl/app/uploads/2018/05/INGRAM-paris-speech.pdf' target='blank'>'That is what the terrorists want': Media as amplifier or disrupter of violent extremist propaganda</a>”
* <a href='https://icct.nl/publication/reporting-bringbackourgirls-campaign/' target='blank'>Mitigating the Impact of Media Reporting of Terrorism: Case Study of the #BringBackOurGirls Campaign</a>
[[► Continue|Reporter 2]]{
(set: $progress to it + 20)
}Following the capture of the attacker, it becomes clear that they are seeking a global stage. Some media outlets begin digging into the attacker’s personal background in search of clues that would explain the act of violence. Others put the perpetrator's face on the front page of their newspapers.
###Do you name the attacker in your news article?
<div class="box">(link-reveal: "**+ Yes**")[
It is part of your duty to report factual information. The public has a right to know and their name will get out eventually anyway. (link: "► This is my choice.")[(set: $reporter_3 to "1")(go-to:"Reporter Choice 3A")]]</div><div class="box">(link-reveal: "**+ No**")[
You refrain from using their name, as you don’t want to give them recognition for their actions. (link: "► This is my choice.")[(set: $reporter_3 to "2")(go-to:"Reporter Choice 3B")]]</div>{
(set: $progress to it + 20)
}Earlier reports on the explosion downtown are followed by reports of a shooting in a second location. While the police have not yet issued a statement on the events, it appears to be an act of terrorism similar to those in Madrid and London - attacks that were carried out by Al Qaeda. Experts are suggesting the attack has the hallmarks of being ideologically-inspired, and it fits the group’s modus operandi. While the police have now captured the attacker, they have not yet confirmed their identity or affiliation. You are under time pressure, as your editor wants you to report on this as soon as possible.
### Do you report the event as a jihadist attack even if it is not yet officially confirmed?
<div class="box">(link-reveal: "**+ Yes, journalism means taking risks to get information out fast**")[
As a journalist, you frequently must make decisions with imperfect or incomplete information. The public look to mainstream media for information, and failing to report on what you know now would leave people in the dark. The story can be updated later as new developments emerge. (link: "► This is my choice.")[(set: $reporter_2 to "1")(go-to:"Reporter Choice 2A")]]</div><div class="box">(link-reveal: "**+ No, not until the police confirm**")[
You start pulling together background material on Al Qaeda attacks in Europe, but will wait until the police make a formal statement before publishing your story. It’s your job to report on the official narrative, and the police have the most accurate information right now. (link: "► This is my choice.")[(set: $reporter_2 to "2")(go-to:"Reporter Choice 2B")]]</div>{
(set: $progress to it + 20)
}
### <img src="Assets/Reality.png" width="35" height="35"> In Reality
Numerous news organisations went to press declaring or implying the attack was an act of jihadist terrorism. These include the<a href='https://www.wsj.com/articles/SB10001424053111903461104576462852407423240' target='blank'> Wall Street Journal</a>,<a href='https://www.france24.com/en/20110722-oslo-norway-bomb-attack-youth-labour-party-shooting-terrorism-stoltenberg' target='blank'> France24</a>, and a controversial blog post in the<a href='http://www.washingtonpost.com/blogs/right-turn/post/norway-bombing/2011/03/29/gIQAB4D3TI_blog.html#pagebreak' target='blank'> Washington Post</a> in which the author wrote:
<blockquote>We don’t know if al Qaeda was directly responsible for today’s events, but in all likelihood the attack was launched by part of the jihadist hydra. Prominent jihadists have already claimed online that the attack is payback for Norway’s involvement in the war in Afghanistan.</blockquote>
Similarly, terrorism experts on mainstream television often pointed to jihadists as the likely perpetrators [<a href='https://www.youtube.com/watch?v=ZArUIJg0MiM' target='blank'>video</a>].
After the attacker was arrested, it became clear that he was not in any way affiliated with jihadist movements. Many media outlets then were forced to retract headlines, while<a href='https://www.jadaliyya.com/Details/24223/Tragic-Day-for-Norway;-Shameful-Day-for-Journalism=' target='blank'> others</a><a href='https://www.theatlantic.com/international/archive/2011/07/media-reacts-news-norwegian-terror-suspect-isnt-muslim/353194/' target='blank'> reflected on</a> why journalists had been so quick to report al Qaeda involvement.
### <img src="Assets/Consideration.png" width="35" height="35"> Key Considerations
Storytelling is a fundamental human activity. After an attack, all of us try to create a narrative or explanation – complete with protagonists and antagonists, heroes and victims – that makes sense in our unique worldview.
Over the last 20 years, the narrative underpinning Western counter-terrorism policies, legal regimes, journalism, research and general public attitudes has (often problematically) centred on the tension between religiously‐inspired ‘extremist’ values and the question of Muslim ‘integration’ into ‘our’ liberal democratic values.
But is that story still reflective of today’s threat landscape? Far-right violence and terrorism pose a mounting threat to Western societies. Many emerging extremist ideologies – such as incels and male supremacism – don’t fit into existing paradigms. Knowing all that, what are the risks of under-estimating the allure of these new extremist ideas? Can we properly counter these threats if we don’t understand their narratives? How do we avoid overfocusing and losing sight of the continued and present danger posed Islamist extremists? Journalists have an important role to play in redefining and reshaping the stories we read, watch and listen to.
### <img src="Assets/Research.png" width="35" height="35"> Research Findings
* <a href='https://icct.nl/publication/analysing-personal-accounts-of-perpetrators-of-incel-violence-what-do-they-want-and-who-do-they-target/' target='blank'>Analysing personal accounts of perpetrators of incel violence: what do they want and who do they target?</a>
* <a href='https://icct.nl/publication/swiping-right-the-allure-of-hyper-masculinity-and-cryptofascism-for-men-who-join-the-proud-boys/' target='blank'>Swiping Right: The Allure of Hyper Masculinity and Cryptofascism for Men Who Join the Proud Boys</a>
* <a href='https://icct.nl/app/uploads/2019/02/Koehler-Violence-and-Terrorism-from-the-Far-Right-February-2019.pdf' target='blank'>Violence and Terrorism from the FarRight: Policy Options to Counter an Elusive Threat</a>
* <a href='https://icct.nl/app/uploads/2017/05/ICCT-Glazzard-Losing-the-Plot-May-2017.pdf' target='blank'>Losing the Plot: Narrative, Counter-Narrative and Violent Extremism</a>
* <a href='https://www.icct.nl/download/file/ICCT-Kundnani-Blind-Spot-June-2012.pdf' target='blank'>Blind Spot? Security Narratives and Far-Right Violence in Europe</a>
[[► Continue|Reporter 3]]{
(set: $progress to it + 20)
(set: $reporter1_complete to true)
(set: $chapter_end to true)
}
### <img src="Assets/Reality.png" width="35" height="35"> In Reality
When the attack occurred, there was no editorial precedent on the issue of naming terrorists. As a result, the terrorist’s name and face were front-page news in every print and media outlet, nationally and internationally.
### <img src="Assets/Consideration.png" width="35" height="35"> Key Considerations
An important precedent was set following the Christchurch attack in 2019, when New Zealand’s Prime Minister Jacinda Ardern vowed to never say the name of the attacker. [<a href='https://www.youtube.com/watch?v=yh8umIIJu18' target='blank'>● Video</a>] She said: “He sought many things from his act of terror, but one was notoriety - that is why you will never hear me mention his name.”
<img src="Assets/Christchurch.png" width="100%">
Why did she take this position? The impact of a terrorist attack may be shaped as much by the response and communications after the incident as by the act itself. Analysis of mass-shooting phenomena have highlighted the<a href='https://onlinelibrary.wiley.com/doi/abs/10.1111/sltb.12366' target='blank'> celebrity-like status</a> bestowed upon mass killers and identified an overemphasis on the<a href='https://journals.sagepub.com/doi/full/10.1177/0002764218756921' target='blank'> perpetrators over the victims</a> in reporting.
These lessons can be applied to violent extremism and terrorism. Rewarding a terrorist with notoriety is increasingly recognised as hurtful to the memory of those killed, survivors and their bereaved families. It also marginalises the human consequences – physical, psychological, social and economic – of an attack. Moreover, thrusting terrorists into the global media spotlight can serve as an important potential driver of copycat actions.
### <img src="Assets/Research.png" width="35" height="35"> Research Findings
* <a href='https://icct.nl/app/uploads/2020/03/Jaocb-Ware-Terrorist-Manifestos2.pdf' target='blank'>Testament to Murder: The Violent Far-Right’s Increasing Use of Terrorist Manifestos</a>
* <a href='https://www.icct.nl/download/file/ICCT-Schmid-Strengthening-the-Role-of-Victims-August-2012.pdf' target='blank'>Strengthening the Role of Victims and Incorporating Victims in Efforts to Counter Violent Extremism and Terrorism</a>
* <a href='https://www.unodc.org/documents/terrorism/Publications/Victims Publications/From_Victims_of_Terrorism_to_Messengers_for_Peace_-_UNODC-ICCT_.pdf' target='blank'>From the Victims of Terrorism to Messengers for Peace: a Strategic Approach</a>{
(set: $progress to it + 20)
(set: $police1_complete to true)
(set: $chapter_end to true)
}
### <img src="Assets/Reality.png" width="35" height="35"> In Reality
The Norwegian government’s official communication strategy in the aftermath of the attack can be best summed up by then-Prime Minister Jens Stoltenberg in his public address in the evening following the attack. He passionately <a href='https://www.france24.com/en/20110722-norway-oslo-shock-shooting-bomb-attack-youth-stoltenberg-terrorism'>argued against the ability of terrorism to intimidate</a> Norway: "People have lived through a nightmare that very few of us can imagine. The coming days will show who is responsible and what kind of punishment they will get. The message to whoever attacked us, the message from all of Norway is that you will not destroy us, you will not destroy our democracy and our ideals for a better world."
<img src="Assets/Jens Stoltenberg.png" width="100%">
(align: "===>")[(css: "font-size: 80%")[Image source: Fornyingsdepartementet]]
Behind the scenes, the government’s crisis management team committed substantial thought and effort in communications with the public. However, they faced information deficits, with the media regularly publishing critical details ahead of official government communication. In particular, the Gjorv Report flagged <a href='https://www.regjeringen.no/no/dokumenter/nou-2012-14/id697260/?ch=5#kap10'>multiple instances</a> where the police spokesman confirmed death counts late or released “partly misleading” information.
Although the attacker posted his manifesto online on the day of the attacks, Norway had no regulations allowing the police to monitor potential terrorists’ computers or online activity in closed internet forums. Additionally, law enforcement did not take any measures to remove or block the manifesto.
### <img src="Assets/Consideration.png" width="35" height="35"> Key Considerations
Ultimately, since it is impossible to prevent every attack, it is important to be prepared to mitigate the impact in the aftermath of an incident. Poor communications responses to terrorist incidents may amplify the impact of attacks, inadvertently assist terrorists in achieving their aims, and can even act as a catalyst for spikes in retaliatory hate crime – such as anti-Muslim rhetoric – and widespread fear.
It is therefore vital that government and law enforcement agencies respond with a post-incident communication strategy to limit the harm created, and prevent it being amplified by others. The police can play an important role here. A leading example of good practise is the UK Metropolitan Police’s national <a href='https://www.nova-wd.org.uk/assets/files/14-Day-Plan-V3.pdf'>14-day action plan</a>, which is “<a href='https://www.researchgate.net/publication/340829280_The_importance_of_narrative_in_responding_to_hate_incidents_following_'trigger'_events#pf18'>designed to shape newspaper headlines</a>, and to influence wider reporting throughout the two-week period. As well as this, the police work closely with organisations including the Ministry of Housing, Communities and Local Government to implement events such as vigils and wreath-laying.” A communications strategy can help law enforcement control the message, avoid speculation, and focus on proactive – versus reactive – communications.
In recent years, major technology and social media companies have also come under increasing pressure to assist the police and other emergency services in the wake of terror attacks. These platforms are already used by law enforcement to provide reassurances, practical advice, and factual information. Additionally, <a href='https://www.gifct.org/about/'>cooperation across the technology industry</a> has accelerated the development of technical tools to prevent, detect and remove violent extremist content such as terrorist manifestos, propaganda and videos of terror attacks.
However, these firms actively <a href='https://www.politico.eu/article/inside-story-facebook-fight-against-european-regulation/'>resist calls for regulation</a>, and are <a href='https://abovethelaw.com/2019/12/losing-streak-continues-for-litigants-suing-social-media-companies-over-violence-committed-by-terrorists/'>consistently winning</a> in court when challenged on their responsibility for terrorist content and behaviour linked to their platforms. Pending <a href='https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52018PC0640'>EU legislation</a> on preventing the dissemination of terrorist content online may shift this conversation, forcing greater cooperation between national authorities and the private sector.
### <img src="Assets/Research.png" width="35" height="35"> Research Findings
* <a href='https://icct.nl/publication/towards-a-framework-for-post-terrorist-incident-communications-strategies/' target='blank'>Towards a Framework for Post-Terrorist Incident Communications Strategies</a>
* <a href='https://icct.nl/publication/revisiting-the-theatre-of-terror-in-cve/' target='blank'>Revisiting the Theatre of Terror in CVE</a>
* <a href='https://icct.nl/publication/social-media-shutdown-after-sri-lankas-easter-attacks/' target='blank'>Turning the Tap Off: The Impacts of Social Media Shutdown After Sri Lanka’s Easter Attacks</a>
* <a href='https://icct.nl/publication/reporting-bringbackourgirls-campaign/' target='blank'>Mitigating the Impact of Media Reporting of Terrorism: Case Study of the #BringBackOurGirls Campaign</a>{
(set: $progress to it + 20)
}
### <img src="Assets/Reality.png" width="35" height="35"> In Reality
According to <a href='https://www.spiegel.de/international/europe/norwegian-delta-force-protocol-elite-police-retrace-steps-to-breivik-a-778026.html' target='blank'>official police accounts</a>, the attacker was attempting to surrender when police forces located him. The officers initially feared the attacker was wearing a suicide vest and almost shot him, but were quickly able to determine that was not the case. After that, the situation rapidly de-escalated. The leader of the team that arrested the terrorist <a href='https://www.theguardian.com/world/2011/jul/27/anders-behring-breivik-arrest-norway' target='blank'>said</a>: “We come to a forested area and the suspect stands there right in front of us with his hands high above his head. It was a completely normal arrest.”
Later reading of the attacker’s terrorist manifesto confirmed that his plan was to survive and face trial. “Your trial will offer you a stage to the world,” he <a href='https://www.researchgate.net/publication/303409590_Performing_Justice_Coping_with_Trauma_The_Trial_of_Anders_Breivik_2012' target='blank'>wrote</a>.
### <img src="Assets/Consideration.png" width="35" height="35"> Key Considerations
Some terrorists seek to survive their attacks, while others want to be killed by law enforcement and be portrayed as ‘martyrs’. When responding, frontline officers are often forced to make life-or-death decisions about whether or not to shoot armed attackers, or consider how they can otherwise neutralize a threat. <a href='https://www.youtube.com/watch?v=rGj2dv9vC-U' target='blank'>● Video *warning: graphic content*</a>
What laws govern these kinds of decisions? Whether or not the decision (or not) to use lethal force has legal consequences differs country-to-country. As a baseline, <a href='https://www.echr.coe.int/Documents/Guide_Art_2_ENG.pdf' target='blank'>Article 2 of the European Convention on Human Rights</a> (ECHR) protects the right to life, including the protection of persons from lethal use of force by State agents.
Does this law still apply in the case of shootings of terrorist suspects? In countries where ECHR applies, police officers are indeed legally responsible for their decision to fire and are subject to criminal law, even during terror attacks. While the issue is often relatively <a href='https://www.theguardian.com/uk-news/2019/jul/16/london-bridge-attack-police-lawfully-killed-terrorists-inquest-finds' target='blank'>clearcut</a>, it gets more challenging in other cases, for example of <a href='https://hudoc.echr.coe.int/eng#{"itemid":["001-161975"]}' target='blank'>Armani Da Silva v. the United Kingdom</a>, which concerned the investigation into the fatal shooting of a person mistakenly identified as a suspected terrorist.
<img src="Assets/Christchurch.png" width="100%">
(align: "===>")[(css: "font-size: 80%")[European Court of Human Rights, Image source: Adrian Grycuk]]
When determining whether such shootings are lawful, the Court applies a range of principles. It considers legal frameworks, such as whether the law enforcement action is strictly proportionate, whether it is taken in self-defence or in defence of others, and whether there adequate and effective safeguards to prevent abuse of force. It also evaluates whether State agents are appropriately trained and vetted regarding the use of force.
However, observers have <a href='https://www.asser.nl/media/4206/report-14-dec-final.pdf' target='blank'>noted</a> that the Court has, in recent years, “argued that states should get some latitude with regard to the means and methods to protect national security” during counter-terrorism operations, creating “problematic” uncertainties with regard to human rights obligations.
### <img src="Assets/Research.png" width="35" height="35"> Research Findings
* <a href='https://icct.nl/app/uploads/2017/12/VanDongen-The-Fate-of-the-Perpetrator-December2017.pdf' target='blank'>The Fate of the Perpetrator in the Jihadist Modus Operandi: Suicide Attacks and Non-Suicide Attacks in the West, 2004-2017</a>
* <a href='https://www.asser.nl/media/4206/report-14-dec-final.pdf' target='blank'>Human Dignity and Human Security in Times of Terrorism</a>
[[► Continue|Police 3]]{
(set: $progress to it + 20)
}
### <img src="Assets/Reality.png" width="35" height="35"> In Reality
The initial minutes and hours after the attack were filled with confusion as the Norwegian police and government worked to assess the damage and eliminate the threat. Scenes from the bombing rapidly circulated on Norwegian and international news networks. Many suggested the attack bore the hallmarks of an attack by Islamic extremists.
Immediately after the attack, phone and text message traffic spiked in and around Oslo as people tried to contact friends and family.
<img src="Assets/Tweeting Terror.png" width="100%">
(align: "===>")[(css: "font-size: 80%")[Image source: <a href="https://www.nrk.no/terrortwitter/" target="blank">NRK's Terror Terror</a>]]
Meanwhile, the police and the government held several press conferences. The Prime Minister <a href="https://www.youtube.com/watch?v=b1qZ4NSL8NI" target="blank">addressed the nation</a> on live television only a few hours after attack. He expressed solidarity with the victims, emphasized the central role of the police in the investigation, and discouraged speculation about the motives and ideology of the attacker.
### <img src="Assets/Consideration.png" width="35" height="35"> Key Considerations
Where and how people access information, particularly those related to high-impact events such as terrorist attacks, have changed significantly in the past decade. For many people, social media feeds now serve as a trusted source of information as well as a place where individuals can comment and contribute in real time. However, misinformation and rumors can also quickly spread through social media. Mainstream media reporting often compounds the problem by introducing speculative analysis, especially in the early phases of a major attack when there is little factual information available.
All of these factors can shape how a terrorist attack is perceived, as well as the impact of an attack on social cohesion, polarization and more general feelings of fear and (in)security in affected communities.
### <img src="Assets/Research.png" width="35" height="35"> Research Findings
* <a href="https://icct.nl/publication/how-not-to-manage-fear-after-terrorist-attacks/" target="blank">How (not) to Manage Fear after Terrorist Attacks</a>
* <a href="https://icct.nl/publication/towards-a-framework-for-post-terrorist-incident-communications-strategies/" target="blank">Towards a Framework for Post-Terrorist Incident Communications Strategies</a>
[[► Continue|Public 2]]{
(set: $progress to it + 20)
}The attacker wrote an extensive manifesto that they distributed widely online before the attack. There have already been mentions of the manifesto by the media, but few thus far have provided extensive analysis of its content. One of your friends posts a link to the manifesto on social media.
### Do you download and read the manifesto?
<div class="box">(link-reveal: "**+ Yes**")[
It is an important document for understanding the underlying ideology behind the attacks. (link: "► This is my choice.")[(set: $public_2 to "1")(go-to:"Public Choice 2A")]]</div><div class="box">(link-reveal: "**+ No**")[
You don’t go near it because you don’t want to give his ideas any additional attention. (link: "► This is my choice.")[(set: $public_2 to "2")(go-to:"Public Choice 2B")]]</div><div class="box">(link-reveal: "**+ Not sure**")[
You consider checking it out, but are worried about potentially breaking the law. You wonder if it’s legal to read it. (link: "► This is my choice.")[(set: $public_2 to "3")(go-to:"Public Choice 2C")]]</div>{
(set: $progress to 0)
(set: $chapter to "End of Chapter 1")
}On the evening of 22 July 2011, the attacker was arrested on Utøya Island, 3 hours after the attack began. A total of 77 people were killed, many of them participants of a summer camp on the island. To this day, the attack remains the deadliest mass shooting by a lone perpetrator in history.
[[► Chapter 2: The Trial|Nexus 2 - Trial]]{(set: $chapter to "Chapter 2: the Trial")
(set: $header to true)}In the aftermath of the attack, how do we meet demands for justice and reconciliation while protecting the rule of law? Faced with an assault of such unprecedented scale, how should we react?
Explore the perspective of these individuals, faced with difficult choices to make, as they navigate the trial.
<center><h3>(event: when time > 1s)[(t8n:"dissolve")[[[The Prosecutor|Prosecutor 4]]]]
(event: when time > 2s)[(t8n:"dissolve")[[[The Legislator|Reporter 4]]]]
(event: when time > 3s)[(t8n:"dissolve")[[[The Judge|Public 4]]]]</h3></center>{
(set: $progress to it + 20)
}
### <img src="Assets/Reality.png" width="35" height="35"> In Reality
The approach to reporting on the attacker’s manifesto varied widely between press organisations. The Telegraph published images of the perpetrator and their manifesto. ABC published an image of the manifesto and named some extremists quoted in it, whom reportedly inspired the manifesto's ideology. Meanwhile, the attacker’s Facebook page experienced a spike in interest following the attacks.
People were divided on their attitudes towards the content. One interviewee stated, <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5897876/" target="blank">"I never watched the video that he posted. The manifest. I didn’t wanna give it a click."</a> A survivor of the attack shared, <a href="https://www.youtube.com/watch?v=GZZgIpVSMFU" target="blank">"It is my responsibility to learn what made him this way and how can I make sure that this never happens again"</a>.
### <img src="Assets/Consideration.png" width="35" height="35"> Key Considerations
Primary source materials such as terrorist manifestos and publications can be critical resources to better understanding the ideology and motives of the attacker(s). However, manifestos can also provide instructions for how to conduct an attack and are commonly written and shared with the specific intent of inspiring others to follow in their footsteps. In this way, a manifesto “<a href='https://www.theatlantic.com/ideas/archive/2019/02/christopher-hasson-was-inspired-breivik-manifesto/583567/' target='blank'>caters to our instinctive desire to seek the origin of such horrors, yet that quest for understanding might exacerbate the problem</a>.”
Does this content have a place on social media or television, allowing attackers to achieve a degree of fame and spread their hateful speech and violent ideology? If not, should manifestos and other kinds of hate speech be censored? To what extent can a state legitimately and justifiably restrict the right to freedom of expression in the interests of national security?
Some countries have explored or enacted laws making it illegal to possess, share or distribute terrorist manifestos. New Zealand, for example, <a href='https://www.dia.govt.nz/Response-to-the-Christchurch-terrorism-attack-video#manifesto' target='blank'>banned</a> both live-stream footage of the Christchurch terror attack and the attacker’s manifesto and encouraged citizens to “remember that all people deserve to be respected and in an online world where your reach is far greater than in person it’s important to check yourself.”
The possession of terrorist related materials has also become a legal issue where the possessions or dissemination of terrorist materials is considered an offence in some countries. For example, in the UK it is now a terrorism offense to download, possess or disseminate terrorist materials. However, legal and human rights experts have <a href='https://hansard.parliament.uk/Commons/2018-07-03/debates/2744deb6-ee92-4369-bd8e-c1d09335e7c2/PublicBillCommittees' target='blank'>warned</a> that “thought without action must not be criminalised.”
### <img src="Assets/Research.png" width="35" height="35"> Research Findings
* <a href='https://icct.nl/publication/the-anti-islamist-anders-behring-breiviks-manifesto/' target='blank'>The Anti-Islamist: Anders Behring Breivik’s Manifesto</a>
* <a href='https://icct.nl/app/uploads/2020/03/Jaocb-Ware-Terrorist-Manifestos2.pdf' target='blank'>Testament to Murder: The Violent Far-Right’s Increasing Use of Terrorist Manifestos</a>
* <a href='https://icct.nl/publication/a-comparative-research-study-on-radical-and-extremist-hate-speakers-in-european-member-states/' target='blank'>A comparative research study on radical and extremist (hate) speakers in European member states</a>
[[► Continue|Public 3]]{
(set: $progress to it + 20)
}It has become clear that the attack was coordinated, and has caused widespread loss of life. Dozens of people are confirmed killed and hundreds are wounded.
### In the days after the attack, how do you demonstrate your support for the victims?
<div class="box">(link-reveal: "**+ Through online expressions of compassion and solidarity**")[
You take action to show your support to the victims by participating in an online social media campaign that indicates you are willing to help those stranded after the attack. You also donate money to your local Red Cross organisation who are making an online funding appeal. (link: "► This is my choice.")[(set: $public_3 to "1")(go-to:"Public Choice 3A")]]</div><div class="box">(link-reveal: "**+ By attending physical events of remembrance**")[
You attend a vigil commemorating the victims and participate in a peace march through the streets of your city in a show of resilience. (link: "► This is my choice.")[(set: $public_3 to "2")(go-to:"Public Choice 3B")]]</div><div class="box">(link-reveal: "**+ You choose not to participate**")[
You don’t do anything, because you’re worried it might be dangerous to attend a physical commemoration and writing some posts online doesn’t seem like it will help. (link: "► This is my choice.")[(set: $public_3 to "3")(go-to:"Public Choice 3C")]]</div>{
(set: $chapter to "Chapter 2: the Trial — the Prosecutor")
(set: $stage to 2)
(set: $progress to 0)
}This will be to date the most significant terrorism trial in your country’s history. The country and the world will be watching. Public emotion is running high as all corners of your country have been impacted by loss. Norway is a democratic country based on the rule of law, where all aspects of a right to a fair trial are observed. In trials like these, it is important that justice is not only done, but also seen to be done. This applies even moreso to terrorism trials.
Despite the media attention and public attention, it is your task as a prosecutor to build a case based on strong and admissible evidence. As a prosecutor you have important decisions to make in relation to how you approach the trial and prosecution.
The perpetrator’s manifesto made clear he had political motives linked to right-wing extremist ideas. However, given the nature of his attack, you have a choice to make about what charges to press.
### What crimes do you charge the attacker with?
<div class="box">(link-reveal: "**+ You prosecute him for ordinary crimes**")[
Considering the reach and scope of the legislation, you decide to prosecute Breivik for violating gun laws and murder under the criminal code. (link: "► This is my choice.")[(set: $prosecutor_4 to "1")(go-to:"Prosecutor Choice 4A")]]</div><div class="box">(link-reveal: "**+ You prosecute him for crimes against humanity**")[
Considering the impact the crimes had on society, you think you have a case for crimes against humanity, which carry a maximum sentence of 30 years. (link: "► This is my choice.")[(set: $prosecutor_4 to "2")(go-to:"Prosecutor Choice 4B")]]</div><div class="box">(link-reveal: "**+ You prosecute him for terrorist offences**")[
Considering the explicitly political extremist ideology of the perpetrator, you clearly want to prosecute for terrorist offences, which carry a maximum sentence of 21 years. (link: "► This is my choice.")[(set: $prosecutor_4 to "3")(go-to:"Prosecutor Choice 4C")]]</div>{
(set: $stage to 2)
(set: $chapter to "Chapter 2: the Trial — the Legislator")
(set: $progress to 0)
}The initial shock and panic following the terrorist attack has given way to reports offering more concrete information about the means of the attack. Several grainy videos appeared to show the attacker using (semi-)automatic firearms, and the lead investigator subsequently confirms that particularly dangerous semi-automatic and automatic firearms have been used in the attack for the purpose of ensuring and increasing mortality.
The government announces urgent sittings of Parliament to discuss the existing firearms and weapons legislation. As a legislator you can vote for or against several proposals.
### Do you vote to amend existing firearms and weapons legislation?
<div class="box">(link-reveal: "**+ You vote against any changes to the existing legislation**")[
Having reflected on the reach and scope of the legislation, you decide that the legislation is sufficiently comprehensive. No legislation can guarantee a 100% success rate against misuse of firearms. (link: "► This is my choice.")[(set: $reporter_4 to "1")(go-to:"Legislator Choice 4A")]]</div><div class="box">(link-reveal: "**+ You vote for amendments to the existing legislation**")[
You are persuaded that there are loopholes within the legislation which urgently need to be closed. Such loopholes include allowing the sale of (semi-) automatic to persons with a criminal record for violent offences or documented mental health problems. (link: "► This is my choice.")[(set: $reporter_4 to "2")(go-to:"Legislator Choice 4B")]]</div><div class="box">(link-reveal: "**+ You vote for the introduction of new legislation**")[
In your view the attack has crystallised the need for new firearms and weapons legislation – one that implements strict barriers to obtaining certain types of dangerous weapons and introduces harsh penalties for sellers of such weapons. (link: "► This is my choice.")[(set: $reporter_4 to "3")(go-to:"Legislator Choice 4C")]]</div>{
(set: $chapter to "Chapter 2: the Trial — the Judge")
(set: $stage to 2)
(set: $progress to 0)
}The trial is receiving extensive media coverage from both traditional and online media outlets. Since the attacks, a broad range of news items (op-eds, exposes, interviews, short documentaries, vox pops) have been featured daily across national and international media outlets.
This has created a significant risk that the perpetrator will not receive a fair trial. As the presiding judge, you want to avoid a declaration of mistrial and retrial which will substantially lengthen the judicial process. The huge media interest in the proceedings comes with another considerable risk – that the defendant will use the trial as a platform to spread his ideology and promote his manifesto. You must make a decision which respects the right to fair trial and the societal demands for justice.
### Should the trial be held behind closed doors?
<div class="box">(link-reveal: "**+ You decide to hold an open trial as normal**")[
Having reflected on the importance of the principle of ‘not only must justice be done but also be seen to be done’, you decide to hold an open trial. Scrutinising the defendant’s views in an open trial could offer necessary deconstruction and dispelling of the dangerous untruths and dubious propaganda within his manifesto. Further, while it means the defendant may take the stand, holding an open trial also allows for the voices of the victims and their families to be heard and amplified. (link: "► This is my choice.")[(set: $public_4 to "1")(go-to:"Judge Choice 4A")]]</div><div class="box">(link-reveal: "**+ You choose to hold closed proceedings**")[
In your view, the risk that an open trial will give more exposure to the views and manifesto of the defendant is too high. Further, the atmosphere surrounding the trial is one of anticipation and intense speculation. Public and political pressure for a swift and extremely punitive sentence is increasing. You strongly feel that the best way to protect the sanctity of the justice process against undue influence and additional complications (such mistrial – retrial) is closed proceedings. (link: "This is my choice.")[(set: $public_4 to "2")(go-to:"Judge Choice 4B")]]</div>{
(set: $progress to it + 20)
}
### <img src="Assets/Reality.png" width="35" height="35"> In Reality
The attacker could have been charged for homicide and for unlawful involvement with firearms or explosives with the intention to commit a criminal act. Alternatively, the prosecution could have used <a href='https://lovdata.no/dokument/NLE/lov/2005-05-20-28/*#KAPITTEL_2' target='blank'>article 102 of the Norwegian Penal Code</a>, which states that killing persons can be considered a <a href='https://www.focus.de/politik/ausland/terrorismus-hintergrund-verbrechen-gegen-die-menschlichkeit_aid_649510.html' target='blank'>crime against humanity</a> provided that it is part of a broad or systematic attack on a civilian population. This would introduce the question of whether, based on the attacker’s manifesto and statements, the bombing and shootings could be perceived as a systematic attack. <a href="https://www.youtube.com/watch?v=fZCZV8HMmx8&ab_channel=TheTelegraph" target="blank">● Video</a>
<img src="Assets/Trial Evidence.png" width="100%">
(align: "===>")[(css: "font-size: 80%")[Evidence displayed in the 22 July Information Centre, Image Source: Wolfmann]]
Ultimately the prosecutor decided to charge the attacker for terrorist offences and premeditated murder. This meant the prosecutor needed to establish the attacker had terrorist intent.
### <img src="Assets/Consideration.png" width="35" height="35"> Key Considerations
When it is comes to prosecuting terrorism crimes, prosecutors need to take may factors in consideration including the available resources to allow them to build a case, admissible evidence, the applicable legal framework and the sentencing rules in their country. In addition, prosecutors need to also be cognizant of the views of the public, but at all times prosecutors have to prosecute alleged terrorists in accordance with the rule of law and human rights. This means making sometimes difficult decisions that may not always be welcomed by the general public. In an interview the <a href='https://web.archive.org/web/20120710013424/http://theforeigner.no/pages/columns/prosecuting-breivik/' target='blank'>prosecutor Bejer Engh explained</a> the prosecution’s strategy and challenges.
Prosecutor Bejer Engh responded to public sentiment by saying that she understood that people had strong feelings about how to react to Breivik, but that the prosecution’s strategy needed to relate to the Norwegian legal framework: “Otherwise he’s won. And you know, he wanted to change Norwegian society and I’m sure he’d feel it was a victory if we gave up our principles. Right at the moment we’re being tested – can we hold on to our principles?”
### <img src="Assets/Research.png" width="35" height="35"> Research Findings
* <a href='https://icct.nl/publication/anders-breivik-a-terrorist-on-trial/' target='blank'>Anders Breivik: A Terrorist on Trial</a>
* <a href='https://www.icct.nl/download/file/ICCT-de-Graaf-EM-Paper-Terrorism-Trials-as-Theatre.pdf' target='blank'>Terrorists on Trial: A Performative Perspective</a>
[[► Continue|Prosecutor 5]]{
(set: $progress to it + 20)
}It is the first day of the trial. Cameras are rolling in the courtroom as you enter and take your place at the prosecutor’s table. The defendant is about to enter.
### What do you do when he enters the court?
<div class="box">(link-reveal: "**+ You shake his hand**")[
Treating him the same as you would any other defendant is a strong signal to him - and the world - that you intend to give him a fair trial. (link: "► This is my choice.")[(set: $prosecutor_5 to "1")(go-to:"Prosecutor 5A")]]</div><div class="box">(link-reveal: "**+ You turn your back on him**")[
This attacker - and the world - deserves to know from the outset of the trial that you will give him no respect. (link: "► This is my choice.")[(set: $prosecutor_5 to "2")(go-to:"Prosecutor Choice 5A")]]</div><div class="box">(link-reveal: "**+ You make strong eye contact**")[
You want the defendant to know you are not afraid of him, his ideas, or his terrible actions. (link: "► This is my choice.")[(set: $prosecutor_5 to "3")(go-to:"Prosecutor Choice 5B")]]</div>{
(set: $progress to it + 20)
(set: $progress to it + 20)
(set: $prosecutor2_complete to true)
(set: $chapter_end to true)
}
### <img src="Assets/Reality.png" width="35" height="35"> In Reality
<a href='https://www.icct.nl/download/file/ICCT-De-Graaf-et-al-The-Anders-Behring-Breivik-Trial-August-2013.pdf' target='blank'>In its strategy, the prosecution wanted</a> to address the atrocious events that happened, while at the same time aspiring to proceed in a judicial, factual manner. The exchange of handshakes with the perpetrator – initiated by prosecutors Bejer Engh and Svein Holden – illustrated this normalised approach. Whilst the international media described the handshake as “a bizarre protocol” and a “rare sight”, or were even outraged by the act, Engh justified the approach by emphasising the importance of treating both the trial and the suspect, regardless of the accusations, according to the normal standards, thereby underlining the importance of the rule of law.
### <img src="Assets/Consideration.png" width="35" height="35"> Key Considerations
The starting point for assessing how a prosecutor should act can be found in the <a href='https://www.ohchr.org/EN/Professionalinterest/Pages/RoleOfProsecutors.aspx' target='blank'>United Nations Guidelines on the Role of Prosecutors</a>, a non-binding instrument that was formulated “to assist Member States in their tasks of securing and promoting the effectiveness, impartiality and fairness of prosecutors in criminal proceedings” in domestic law and practice. In particular, Guideline 12 states that prosecutors shall: “in accordance with the law, perform their duties fairly, consistently and expeditiously, and respect and protect human dignity and uphold human rights, thus contributing to ensuring due process and the smooth functioning of the criminal justice system.”
While this sets the international standard, national judicial systems vary greatly in terms of how they measure up, even for normal criminal proceedings. Terrorist trials in particular are notoriously political and often administered by military or security forces that do not provide due process protections for defendants. The <a href='https://www.hrw.org/guantanamo-trials' target='blank'>military commissions at Guantanamo Bay</a> are perhaps the most high-profile, but this practice occurs in <a href='https://www.rferl.org/a/activists-detained-for-protests-as-fabricated-terrorism-trial-resumes-in-russia/30633964.html' target='blank'>many</a> <a href='https://www.hrw.org/news/2017/03/16/china-disclose-details-terrorism-convictions' target='blank'>countries</a> around the world.
Another challenge is that prosecutors of terrorism cases may be directly exposed to security risks. These may stem from threats posed by those who sympathise with the defendant, state security services do also <a href='https://www.newyorker.com/magazine/2018/12/24/iraqs-post-isis-campaign-of-revenge' target='blank'>harass and threaten</a> prosecutors. A <a href='https://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session20/A.HRC.20.19_En.pdf' target='blank'>2012 report </a>by the the UN Special Rapporteur on the Independence of Judges and Lawyers noted that “a prosecutor who fears for his/her security – or that of his/her family – cannot possibly be fully independent and impartial in the performance of duties.”
Trials, and in particular terrorist trials, are ultimately performative spaces: they re-imagine and contest acts of terrorism in the judicial proceedings and the verdict as well as through the media and society. Every prosecutor needs to set the stage and play his or her part, effectively in cases where media coverage of the trial will already impact how society copes with the aftermath of a terror attack.
### <img src="Assets/Research.png" width="35" height="35"> Research Findings
* <a href='http://icct.nl/publication/terrorists-on-trial-a-performative-perspective/' target='blank'>Terrorists on Trial: A Performative Perspective</a>
* <a href='https://www.icct.nl/download/file/ICCT-De-Graaf-et-al-The-Anders-Behring-Breivik-Trial-August-2013.pdf' target='blank'>The Anders Behring Breivik Trial: Performing Justice, Defending Democracy</a>{
(set: $progress to 0)
(set: $chapter to "End of Chapter 2")
}The trial ended on 24 August 2012, 131 days after the trial first began. The perpetrator was sentenced to the maximum penalty of imprisonment for 21 years, with the possibility of indefinite extension. <a href="https://www.dailymotion.com/video/xt1421" target="blank">● Video</a>
[[► Chapter 3: The Aftermath|Nexus 3 - Remembrance]]{(set: $chapter to "Chapter 3: the Aftermath")
(set: $header to true)}With the trial complete, what do we do to prevent such violence from happening again? Explore the perspective of these individuals, faced with difficult choices to make, as they navigate the difficult aftermath of a terror attack.
Explore the perspective of these individuals, faced with tough choices to make, as they navigate the aftermath of the attack.
<center><h3>(event: when time > 1s)[(t8n:"dissolve")[[[The Prison Administrator|Police 7]]]]
(event: when time > 2s)[(t8n:"dissolve")[[[The Intelligence Officer|Public 7]]]]</h3></center>{
(set: $progress to it + 20)
}The defendant is sentenced to 21 years in prison, and is required to serve at least 12 years before being considered for early release. A huge public and media outcry follows the sentencing, pushing back on the idea of any early release for those convicted terrorism related offences. This is, however, written into existent law. As a legislator you therefore have a decision to make.
### Do you remove the early release clause from the applicable legislation?
<div class="box">(link-reveal: "**+ You vote to make only small changes**")[
You decide that the existing criminal law and counter-terrorism provisions are strong enough; all that is necessary is to close small gaps in the legislation regarding sentencing and parole. (link: "► This is my choice.")[(set: $reporter_5 to "1")(go-to:"Legislator Choice 5A")]]</div><div class="box">(link-reveal: "**+ You vote to make substantial changes to legislation**")[
You feel a strong sense of responsibility to not only close some legislative gap but also to further strengthen the existing legislation and toughen sentencing provisions. You support the proposals for extensive amendments. (link: "► This is my choice.")[(set: $reporter_5 to "2")(go-to:"Legislator Choice 5B")]]</div><div class="box">(link-reveal: "**+ You vote to introduce new legislation**")[
You decide that the best way to restore the general public’s confidence in the security apparatus and prevent similar events from recurring in the future is to introduce new and more onerous counter-terrorism and criminal legislation. (link: "► This is my choice.")[(set: $reporter_5 to "3")(go-to:"Legislator Choice 5C")]]</div>{
(set: $progress to it + 20)
}
### <img src="Assets/Reality.png" width="35" height="35"> In Reality
Norway was considered globally as one of the countries with <a href='https://www.theguardian.com/world/2011/jul/24/norway-strict-gun-laws-circumvented' target='blank'>stringent gun laws in 2011</a>, where fully automatic weapons, some semiautomatic weapons, and firearms disguised as other objects were already banned under the law. However, the perpetrator obtained his gun legally in 2010 and indicated this was for hunting purposes, which is common. In his manifesto, he reported purchasing ammunition from a small U.S. supplier.
<img src="Assets/Stortinget.png" width="100%">
(align: "===>")[(css: "font-size: 80%")[The Norwegian Stortinget, Image Source: Cornelius Poppe]]
The official government inquiry did recommend a ban on semi-automatic weapons. However, <a href='https://www.reuters.com/article/us-norway-guns-idUSKCN1GD5WL' target='blank'>it took until 2018</a> for Norway to introduce plans for such a ban and it will only be in effect from 2021 onwards – a full ten years after the attack. Of note, the legislation will allow for exemptions, particularly for shooting sports.
In comparison, <a href='https://www.reuters.com/article/us-newzealand-shooting-idUSKBN23P0TE' target='blank'>New Zealand</a> introduced two sets of substantial guns reforms in the year following the Christchurch attack. Some of their changes include a new firearms registry which gun licence holders have to update as they buy or sell guns, tighter rules for gun dealers and prohibition of high-risk firearms such as short semi-automatic rifles (amongst other changes). Other countries such as <a href='https://www.cbc.ca/news/politics/liberal-government-gun-control-friday-1.5549969' target='blank'>Canada</a> have also revisited existent firearms legislation in the wake of attacks.
### <img src="Assets/Consideration.png" width="35" height="35"> Key Consideration
In the aftermath of an attack states tend to promise (substantial) reviews of existing counter-terrorism measures and criminal law provisions. Even after an attack however, introducing additional or new firearms regulations can be challenging. There may be a deeply embedded culture and strong legal protections for gun ownership (e.g. the United States) or there are legitimate uses such as hunting - the protection of which delays the introduction of new legislation (e.g. Norway).
<img src="Assets/Weaponry.png" width="100%">
(align: "===>")[(css: "font-size: 80%")[Oslo Tinghus during the Trial, Image Source: Ulflarsen]]
A key consideration should be: what is the intended impact of the proposed legislation restricting the use of firearms? Or, to put it differently, will this legislation be effective in curbing future attacks committed with firearms? An additional consideration - for countries where such rights are written into core legal texts - should be whether such legislation disproportionately restricts existing gun ownership rights.
It should also be borne in mind that recent terror attacks such as Nice (<a href='https://www.nytimes.com/2016/07/16/world/europe/nice-france-truck-attack-what-we-know.html' target='blank'>2016</a> and<a href='https://www.euronews.com/2020/10/29/nice-attack-two-dead-and-several-injured-in-suspected-terror-assault-in-nice' target='blank'> 2020</a>) and London Bridge (<a href='https://www.theguardian.com/uk-news/2019/jun/28/london-bridge-attacks-how-atrocity-unfolded' target='blank'>2017</a> and<a href='https://www.bbc.com/news/uk-50594810' target='blank'> 2019</a>) were committed with easily accessible household items or easy-to-rent vehicles. As such, any changes in firearms and weapons legislation should at least attempt to consider not only firearms as weapons but also other items that could be successfully used as weapons. This is particularly relevant for countries where gun ownership is either, in essence, prohibited or already severely restricted.
### <img src="Assets/Research.png" width="35" height="35"> Research Findings
* <a href='https://icct.nl/publication/the-use-of-salw-by-terrorist-organisations-as-a-source-of-finance/' target='blank'>The Use of Small Arms and Light Weapons by Terrorist Organisations as a Source of Finance</a>
* <a href='https://icct.nl/publication/icct-situation-report-the-use-of-small-arms-light-weapons-by-terrorist-organisations-as-a-source-of-finance-in-west-africa-and-the-horn-of-africa/' target='blank'>ICCT Situation Report: The Use of Small Arms & Light Weapons by Terrorist Organisations as a Source of Finance in West Africa and the Horn of Africa</a>
* <a href='https://www.europarl.europa.eu/legislative-train/theme-area-of-justice-and-fundamental-rights/file-review-of-legislation-on-firearms' target='blank'>Review of Legislation on Firearms</a>
[[► Continue|Reporter 5]]{
(set: $progress to it + 20)
}
### <img src="Assets/Reality.png" width="35" height="35"> In Reality
The defendant was sentenced to 21 years in prison, with a minimum term of 10 years. In September 2020, he <a href='https://www.thelocal.no/20200916/norway-killer-breivik-seeks-parole-lawyer' target='blank'>filed his first application for parole</a>. Explaining the application, his lawyer said: "He has the right to a legal review for parole at the end of the minimum period, which is 10 years in his case. It's a right all convicts ... have and that he wants to exercise." It is not clear whether Norway intends to change existing legislation in response.
However, any discussion would do well to be informed by similar developments in other countries. For example, in 2016 <a href='https://www.theguardian.com/uk-news/2016/aug/16/revealed-how-anjem-choudary-inspired-at-least-100-british-jihadis' target='blank'>Anjem Choudary</a>, one of UK’s most notorious and influential hate preachers, was finally sentenced under section 12 of the Terrorism Act 2000 for inviting support of a proscribed terror organisation (ISIS). Choudary’s outreach was described as “a key influence in the spread of the jihadi movement in the Netherlands” by the Dutch <a href='https://www.aivd.nl/' target='blank'>AIVD</a>. During the sentencing the judge highlighted a gap in the existing legislation which meant that even though Anjem Choudary was likely to continue spreading his message and was “dangerous”, the court had no power to impose an extended (tougher) sentence. This gap was closed by subsequent legislation. This new legislation also expanded the reach of the expression of support for terrorist organisations and encouragement for terrorism type of offences.
Equally concerning, in 2019 (<a href='https://www.bbc.com/news/uk-50611788' target='blank'>London Bridge</a>) and 2020 (<a href='https://www.wsj.com/articles/vienna-terrorist-attacker-who-killed-four-is-named-as-kujtim-fejzulai-11604401398' target='blank'>Vienna</a>), terror attacks were committed by individuals who had been convicted of terrorism charges but been subject to early release. The London Bridge attacker had been released automatically at the halfway point of a 16-year-fixed term sentence, despite the fact that the judge in his original trial had stated that he would continue to pose a significant risk to the public even after a lengthy sentence. As a response, the UK government has moved to introduce new legislation – the <a href='https://services.parliament.uk/Bills/2019-21/counterterrorismandsentencing.html' target='blank'>Counter-Terrorism and Sentencing Bill 2019-2021</a>. One of the substantive changes is the introduction of a 14-year minimum sentence for those considered to be particularly dangerous terror offenders. Further, the legislation seeks to remove the possibility of early release and impose up to 25 years of monitoring after prison release.
The case in the Vienna attack was slightly different, as the attacker there had been <a href='https://apa.at/news/wien-attentaeter-war-20-jahre-alt-und-einschlaegig-vorbestraft-2/' target='blank'>released after serving less than one year of a 22-month sentence</a> because he was he was considered a young adult and thus fell under the privileges of Austria’s Juvenile Court Act (<em>Jugendgerichtsgesetzes</em>: JGG).
### <img src="Assets/Consideration.png" width="35" height="35"> Key Considerations
The swift introduction of new stricter legislation or proposals for substantial amendments to existing criminal law and counter-terrorism provisions are a common response in the aftermath of a terrorist attack. One of the first questions that arises following an attack is what could have been done to prevent it – for example avoidable errors or omissions by intelligence services or police or unforeseen gaps within the legislation. While inquiries into the procedures, workings and attack response by the intelligence and police services can take time, the government and legislators alike want to be seen to act swiftly and decisively. However, reactive legislation rushed through Parliament carries with it a number of pitfalls.
In the urgency to restore public confidence and trust, governments tend to reduce individual rights protections (especially for those suspected of terrorist activities) in order to facilitate tougher and harsher security measures. While these measures can have the short term effect of containing an individual terror suspect, in the longer run many such measures have been struck down by various courts as being in breach of either domestic or regional rights obligations or both. Rather than rushing through legislation and then having to amend it or replace it entirely, legislators’ time might be better served by first exploring the full range of the criminal and counter-terrorism provisions already available and how these interact and apply together. Most importantly, any and all new or amended provisions need to comply with the rule of law.
### <img src="Assets/Research.png" width="35" height="35"> Research Findings
* <a href='https://icct.nl/app/uploads/2020/09/Re-Offending-by-Released-Terrorist-Prisoners.pdf' target='blank'>Re-Offending by Released Terrorist Prisoners: Separating Hype from Reality</a>
* <a href='https://icct.nl/publication/incitement-to-terrorism-treating-the-symptoms-or-addressing-the-causal-malady/' target='blank'>Incitement to Terrorism – Treating the Symptoms or Addressing the Causal Malady?</a>
* <a href='https://icct.nl/update/2020-advanced-summer-programme-terrorism-counter-terrorism-and-the-rule-of-law/' target='blank'>2020 Advanced Summer Programme: Terrorism, Counter-Terrorism and the Rule of Law</a>
[[► Continue|Reporter 6]]{
(set: $progress to it + 20)
}The investigation into where and how the perpetrator became radicalised indicates that they were regularly accessing extreme materials online. They were also a visitor to several private message boards which allowed for sharing of extreme views. Both the materials and the message boards are easily accessible through well-known and very popular online social platforms.
While the online social platforms are willing to cooperate with intelligence and police services in tracking and removing such materials, they do not want to be seen as restricting freedom of speech. As a legislator, you are tasked with finding a workable solution.
### How do you legislate to effectively monitor and combat online hate speech and incitement to terrorism?
<div class="box">(link-reveal: "**+ You introduce new legislation targeting online behaviours**")[
In order to combat the online publication and dissemination of extreme materials and incitement to terrorism, new legislation is needed to specifically target internet activity. Such legislation can not only expand on the range of materials that can fall into a definition of ‘publication’ but also what counts as dissemination. The legislation only targets the perpetrators, not the online social platforms that host such content. (link: "► This is my choice.")[(set: $reporter_6 to "1")(go-to:"Legislator Choice 6A")]]</div><div class="box">(link-reveal: "**+ You promote a blended approach between self-regulation and legislative amendments**")[
You seek a compromise between the demands of combatting the online publication and dissemination of extreme materials and the concerns of the online social platforms. You decide to support the combination of stricter legislation targeting online incitement and encouragement to terrorism and self-regulation of online social platforms when it comes to removing extreme materials is enough. You want to maintain a balance between combatting extremism and terrorism online and freedom of speech. (link: "► This is my choice.")[(set: $reporter_6 to "2")(go-to:"Legislator Choice 6B")]]</div><div class="box">(link-reveal: "**+ You call for new counter-terrorism legislation and a range of penalties targeting online social platforms**")[
You consider that online social platforms have failed in combatting the publication and dissemination of extreme speech and materials inciting terrorism. The government needs to intervene and impose tough sanctions if these issues are to be effectively addressed. You advocate for new harsh counter-terrorism legislation in conjunction with a range of sanctions for online social platforms. (link: "► This is my choice.")[(set: $reporter_6 to "3")(go-to:"Legislator Choice 6C")]]</div>{
(set: $progress to it + 20)
(set: $reporter2_complete to true)
(set: $chapter_end to true)
}
### <img src="Assets/Reality.png" width="35" height="35"> In Reality
Shortly before committing his attacks, the perpetrator of the Norway attacks <a href='https://www.theguardian.com/world/2011/jul/26/breivik-manifesto-email-uk-contacts' target='blank'>emailed</a> his manifesto to hundreds of contacts and media outlets. The emails included a link to a YouTube video. This was not the first time he had shared his views online. In <a href='https://www.theguardian.com/world/2011/jul/30/norway-attacks-anders-behring-breivik' target='blank'>October 2008</a>, he was posting messages on an online social platform complaining that other far-right bloggers had become too soft. In 2009, he registered as a member of a forum where violence was openly incited. It has been suggested that he was radicalised by the same online processes as many of those whom he loathed and targeted in his manifesto. As noted by extremism experts with reference to this attack, “<a href='https://www.theguardian.com/world/2011/jul/30/norway-attacks-anders-behring-breivik' target='blank'>the internet is extremely effective at formulating extremist ideals</a>.”
The perpetrator of the Christchurch attack also circulated his manifesto via <a href='https://www.theguardian.com/world/2019/mar/17/christchurch-attack-death-toll-rises-to-50-as-concern-grows-over-burial-delays' target='blank'>emails</a>. He also <a href='https://www.theguardian.com/world/2019/mar/15/rightwing-extremist-wrote-manifesto-before-livestreaming-christchurch-shooting' target='blank'>live-streamed</a> footage before and during the attack on social media. New Zealand Prime Minister Jacinta Ardern noted at the time that there were “questions to be answered” about the role social media played in disseminating the video of the attack. While no media penalties were imposed, Facebook has stated that it is <a href='https://www.theguardian.com/media/2019/jul/12/no-media-penalty-over-christchurch-shootings-live-stream-watchdog-suggests' target='blank'>“exploring”</a> placing restrictions on who can livestream video on the platform. More recently, Facebook has made moves to <a href='https://www.washingtonpost.com/technology/2020/06/30/facebook-boogaloo-ban-accounts/' target='blank'>close or limit accounts</a> associated with ‘dangerous organizations’ including the Boogaloo Boys, while Twitter has also taken down thousands of accounts linked to the <a href='https://www.dw.com/en/twitter-takes-down-accounts-linked-to-qanon-conspiracy-theory/a-54260674' target='blank'>QAnon conspiracy theory</a> citing increased harms caused by its supporters.
### <img src="Assets/Consideration.png" width="35" height="35"> Key Considerations
States have increasingly focused on targeting online extreme speech and materials as well as online incitement, encouragement of, invitation for, support for and glorification of terrorism as vital first steps in combatting terrorism. In many cases, this focus has been triggered by specific domestic or regional events.
Some of the proposed legislative changes, if enacted, can result in potentially substantial limitations on the right to freedom of speech. Legislators can play a key role by ensuring that any legislative changes are proportionate. Proportionality in this context refers to extent to which a state can legitimately and justifiably restrict the right to freedom of expression in the interests of combatting extremism and terrorism.
Online social platforms/internet companies have an equally <a href='https://www.theguardian.com/uk-news/2017/sep/19/theresa-may-will-tell-internet-firms-to-tackle-extremist-content' target='blank'>important role to play</a>. While the virtual surveillance capabilities of states have grown significantly over the last decade, online social platforms and internet companies are best placed to remove extremist content and to place effective barriers to uploading and disseminating such content.
However, extremist content should not be removed in a manner that reduces the likelihood of a criminal conviction for incitement or encouragement for terrorism or other relevant offences. While such content should be swiftly made inaccessible to the public, sufficient (background) data should be kept on file with online social platforms; this data can prove significant in securing a conviction.
### <img src="Assets/Research.png" width="35" height="35"> Research Findings
* <a href='https://icct.nl/publication/a-comparative-research-study-on-radical-and-extremist-hate-speakers-in-european-member-states/' target='blank'>A comparative research study on radical and extremist (hate) speakers in European member states</a>
* <a href='https://icct.nl/publication/testament-to-murder-the-violent-far-rights-increasing-use-of-terrorist-manifestos/' target='blank'>Testament to Murder: The Violent Far-Right’s Increasing Use of Terrorist Manifestos</a>
* <a href='https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52018PC0640&from=EN' target='blank'>Proposal for a Regulation of the European Parliament and of the Council: On Preventing the Dissemination of Terrorist Content Online</a>
* <a href='https://www.rand.org/content/dam/rand/pubs/research_reports/RR400/RR453/RAND_RR453.pdf' target='blank'>Radicalisation in the Digital Era: The Use of the Internet in 15 Cases of Terrorism and Extremism</a>{
(set: $progress to it + 20)
}
### <img src="Assets/Reality.png" width="35" height="35"> In Reality
When the Norwegian Prime Minister addressed the country in the aftermath of the attacks, he advocated for “<a href='https://www.theguardian.com/world/2020/aug/25/dear-christchurch-breiviks-trial-showed-us-extremist-ideas-struggle-in-the-light' target='blank'>more democracy, more openness, more humanity</a>.” <a href='https://www.theguardian.com/world/2020/aug/25/dear-christchurch-breiviks-trial-showed-us-extremist-ideas-struggle-in-the-light' target='blank'>Cathrine Grondahl</a>, who represented several of the victims, noted that the trial was necessary for the victims, both to be able to tell what they had experienced and to know more. The trial was broadcast live. However, restrictions were placed on segments in which the defendant or victims had to give testimony. Many turned to the live-tweeting of journalists in the room for updates.
<img src="Assets/Open Trial.png" width="100%">
(align: "===>")[(css: "font-size: 80%")[Oslo Tinghus during the Trial, Image Source: Ulflarsen]]
It has been <a href='https://www.journalism.co.uk/news-features/reporting-the-anders-breivik-trial/s5/a548869/' target='blank'>suggested</a> that the court's main arguments for restricting the TV broadcast with regard to the defendant’s testimony and examination were twofold. According to the perpetrator’s manifesto, the trial would be the <a href='https://www.theguardian.com/world/2020/aug/25/dear-christchurch-breiviks-trial-showed-us-extremist-ideas-struggle-in-the-light' target='blank'>crowning moment</a> or phase three of his propaganda campaign (phase one was writing the manifesto; phase two was committing the acts of terror). As further dissemination of his ideology through a trial was a key reason behind his actions, the court did not wish to contribute any more than necessary to fulfilling this ambition. In addition, allowing his testimony to be broadcast was deemed likely to exacerbate many of the victims' grief if it was broadcast. As some of his victims chose not to attend court, public broadcasting might nevertheless result in them hearing his testimony.
### <img src="Assets/Consideration.png" width="35" height="35"> Key Considerations
The urge to hold a highly charged trial behind closed doors and away from prying media eyes is not uncommon. This urge is particularly understandable in cases involving terrorist suspects who may seek to exploit the increased media presence for their own purposes. There is the additional consideration that a terror suspect may not receive a fair trial within the traditional criminal court set-up which in some countries involves a sitting jury. Incessant media output could either prejudice a jury member or at a minimum create an atmosphere within which it is difficult to argue that a jury/jury member(s) will not be prejudiced. This can be a very useful argument to either challenge a conviction or seek a retrial. To resolve this problem, Ireland, a country with a memorable history of terrorist violence, relies on a <a href='https://www.courts.ie/special-criminal-court' target='blank'>Special Criminal Court</a> which operates without a jury. Other countries such as the United States also have more specialised trial models to facilitate highly charged and challenging trials.
The reasoning behind these closed trial models tends to be two-fold: effective and fair administration of justice as well as the preservation of public order (particularly for a highly charged trial). The question of why offer a terror suspect the same rights and protections as law abiding citizens including a fair trial tends to resurface in the aftermath of terrorist attacks. The answer lies – at least in part – in preventing terrorist organisations from exploiting counter-terrorism responses as part of their propaganda. The <a href='https://www.theguardian.com/world/2004/may/13/iraq.theeditorpressreview' target='blank'>Abu Ghraib images</a> are a prominent example of this risk. More importantly, a core goal of terrorism is to disrupt and challenge the structures and normal operation of society including the rule of law. Protecting and reinforcing the right to fair trial (as well as other rights) following a terrorist attack is one of the most robust responses to an attack.
### <img src="Assets/Research.png" width="35" height="35"> Research Findings
* <a href='https://icct.nl/publication/a-fair-and-public-trial-for-the-norwegian-terror-suspect/' target='blank'>A Fair and Public Trial for the Norwegian Terror Suspect</a>
* <a href='https://icct.nl/publication/bringing-foreign-terrorist-fighters-to-justice-in-a-post-isis-landscape-part-iii-collecting-evidence-from-conflict-situations/' target='blank'>Bringing (Foreign) Terrorist Fighters to Justice in a Post-ISIS Landscape Part III: Collecting Evidence from Conflict Situations</a>
* <a href='https://www.clingendael.org/event/effective-counter-terrorism-efforts-without-sacrificing-human-rights-and-rule-law' target='blank'>Effective Counter Terrorism Efforts Without Sacrificing Human Rights and Rule of Law</a>
[[► Continue|Public 5]]{
(set: $progress to it + 20)
}The prosecution chooses to charge the defendant with terrorist offences and premeditated murder, and convincingly establishes the attacker had terrorist intent. Controversially, the prosecution also recommends that the defendant be declared insane and committed to psychiatric care rather than sent to prison. You need to determine the sentence.
### What kind of sentence would you impose on the perpetrator?
<div class="box">(link-reveal: "**+ Send him to a psychiatric care centre , as per the prosecution’s request**")[
Only a madman could have committed such atrocities. Additionally, declaring him insane delegitimises his extremist ideology. (link: "► This is my choice.")[(set: $public_5 to "1")(go-to:"Judge Choice 5A")]]</div><div class="box">(link-reveal: "**+ Send him to prison**")[
He knew exactly what he was doing when he carried out his acts and therefore deserved a life sentence, carrying full responsibility for his actions. (link: "► This is my choice.")[(set: $public_5 to "2")(go-to:"Judge Choice 5B")]]</div>{
(set: $progress to it + 20)
(set: $progress to it + 20)
(set: $public2_complete to true)
(set: $chapter_end to true)
}
### <img src="Assets/Reality.png" width="35" height="35"> In Reality
Norway rushed to <a href='https://www.bbc.com/news/world-europe-17488391' target='blank'>amend their Mental Health Act</a> prior to the verdict of the Court, to ensure that if the attacker was declared insane, he could be transferred to a psychiatric care facility for life.
<img src="Assets/Trial Salute.png" width="100%">
(align: "===>")[(css: "font-size: 80%")[Breivik during the trial, Image Source: Heiko Junge]]
In fact, the courts conducted an initial psychiatric assessment of the attacker, which found him to be insane. Amid vast public outrage, a second assessment was conducted, which held the initial assessment to be inaccurate and declared the attacker sane. As a result of these conflicting evaluations, the prosecution did argue for a finding of insanity.
However, the Court <a href='https://www.domstol.no/en/Enkelt-domstol/Oslo-District-Court/nyheter/Dom-i-22-juli-saken/' target='blank'>disregarded the first assessment</a> and declared the defendant criminally sane and legally responsible for the terrorist attack. This means that he could not be transferred to compulsory (mental) health care in accordance with sections 39 and 39a of the General Civil Penal Code. Instead, he was sentenced to 21 years of “preventive detention” in prison. This is a special form of imprisonment which can be extended indefinitely as long as the individual is deemed a threat to society.
### <img src="Assets/Consideration.png" width="35" height="35"> Key Considerations
The UN Standard Minimum Rules for the Treatment of Prisoners (<a href='https://www.unodc.org/documents/justice-and-prison-reform/Nelson_Mandela_Rules-E-ebook.pdf' target='blank'>the Nelson Mandela Rules</a>) describe the main purpose of a sentence of imprisonment as protecting society against crime and reducing recidivism. This must be informed by considerations of the mental health of the defendant, as this impacts how much culpability an individual may have.
When Courts are making judgements, it is important to consider on a case-by-case basis the diverse motivations that may drive someone to commit acts of violent extremism. However, even though the link between mental health and radicalisation is sensitive and controversial, larger trends are visible.
While radicalisation is an extremely complex process that cannot be explained and described in simple terms or singular causes, an analysis of lone actor terrorists indicated that <a href='http://icct.nl/app/uploads/2016/02/201602_CLAT_Policy-Paper-1_v2.pdf' target='blank'>mental health problems were at least a factor in 35% of attacks</a> in the EU from 2000-2015.
Knowing that, can societies do more to prevent terror attacks by paying greater attention to mental health warning signals, while also avoiding the stigmatization of those who experience mental health issues? What role do mental health professionals have in flagging individuals that may be vulnerable to radicalisation? What is the right balance between maintaining patient confidentiality and protecting national security? If mental health problems are not formally diagnosed, is there a role in prevention for social workers, frontline police, community leaders, religious leaders and even family members?
### <img src="Assets/Research.png" width="35" height="35"> Research Findings
* <a href='https://icct.nl/publication/mental-health-and-the-foreign-fighter-phenomenon-a-case-study-from-the-netherlands/' target='blank'>Mental Health and the Foreign Fighter Phenomenon: A Case Study from the Netherlands</a>
* <a href='http://icct.nl/app/uploads/2016/02/201602_CLAT_Policy-Paper-1_v2.pdf' target='blank'>Lone-Actor Terrorism Policy Paper 1: Personal Characteristics of Lone-Actor Terrorists</a>{
(set: $progress to it + 20)
}
### <img src="Assets/Reality.png" width="35" height="35"> In Reality
In the chaos of the attack, the police operations leader in Oslo initially thought that there were<a href='https://www.theaustralian.com.au/news/latest-news/police-describe-chaos-after-anders-breivik-attack/news-story/4f6824470c936fe71dd46b5b4681915e' target='blank'> two suspected attackers</a> and two other bombs about to detonate Police first received reports of a ‘non-Nordic looking’ person leaving the site of bombing, followed by information regarding a ‘Nordic looking’ suspect. The <a href='https://www.sintef.no/globalassets/project/nexus/01--report-22-july-gjorv-commision-summary_english_version.pdf' target='blank'>Gjorv Report</a>, an official government inquiry into the attack and response, also noted that “the police operation… was poorly coordinated” and that “the understaffed Operations Centre... was overwhelmed.”
Despite the confusion, <a href='https://www.spiegel.de/international/europe/norwegian-delta-force-protocol-elite-police-retrace-steps-to-breivik-a-778026.html' target='blank'>elite police units had trained for a major terrorist attack</a> and were able to quickly deploy to the bomb site to assess the damage, rescue victims and secure the area.
### <img src="Assets/Consideration.png" width="35" height="35"> Key Considerations
In an unfolding, seemingly violent scenario, law enforcement officers face an array of unknowns and have to make continuous judgement calls and decisions related to the preservation of public safety, and to their own safety. The overarching aim is always to neutralize the threat, but that mission can be complicated by poor communications, poor training, or frontline police forces that are under-equipped to combat heavily-armed terrorists.
In part to overcome these challenges, many countries have established paramilitary police units (PPUs) and deployed them in domestic counter-terrorism operations. In terms of their training, equipment and force posture, PPUs tend to resemble the military more than the police. Blurring the distinction between civilian and military forces can introduce human rights concerns. These forces tend to be granted more leeway to take decisive action, and there are <a href='https://smallwarsjournal.com/jrnl/art/role-police-and-military-special-forces-counter-terrorism-efforts-cities' target='blank'>many recorded instances</a> of PPUs causing civilian casualties while employing aggressive measures to end terror threats. Additionally, disproportionate police responses to terrorism can have the effect of creating fear in populations, as well as <a href='https://www.washingtonpost.com/news/the-watch/wp/2014/04/22/the-police-response-to-the-boston-marathon-bombing/' target='blank'>eroding trust between citizens and law enforcement</a>.
For these reasons, after a crisis has passed, official inquiries – such as the <a href='https://www.sintef.no/globalassets/project/nexus/01--report-22-july-gjorv-commision-summary_english_version.pdf' target='blank'>Gjorv Report </a>– can shed valuable light on the successes, failures and lasting impacts of police actions in the face of terror threats. Public safety is not only about how police respond in the confusion of an attack, but also about broader public trust in police and other security forces.
### <img src="Assets/Research.png" width="35" height="35"> Research Findings
* <a href='https://icct.nl/publication/the-global-war-on-terrorism-domestic-imperatives-and-paramilitary-police-units-lessons-from-south-asia/' target='blank'>The Global War on Terrorism, Domestic Imperatives, and Paramilitary Police Units: Lessons from South Asia</a>
[[► Continue|Police 2]]{
(set: $progress to it + 20)
(set: $public1_complete to true)
(set: $chapter_end to true)
}
### <img src="Assets/Reality.png" width="35" height="35"> In Reality
Over 100,000 people participated in a march in central Oslo on 26th July, four days after the attacks. In scenes <a href='https://www.youtube.com/watch?v=Ies_s3hgEQ8' target='blank'>broadcast around the world</a>, mourners carried flowers, lit thousands of candles, sang hymns and hugged each other. Members of the emergency services were honored.
Prime Minister Jens Stoltenberg addressed the march saying: "By taking part, you are saying a resounding 'yes' to democracy."
### <img src="Assets/Consideration.png" width="35" height="35"> Key Considerations
After terrorist attacks, there is often a massive public outpouring of grief and emotion. Individuals, communities and authorities organise different initiatives to channel those emotions into physical and online action.
<img src="Assets/Flower March2.png" width="100%">
(align: "===>")[(css: "font-size: 80%")[Image source: Mathias-S]]
Knowing that an essential goal of terrorism is to widen social divisions and instill fear, citizens in some cases respond to attacks by expressing solidarity. A powerful and visible message of unity – think “<a href='https://www.bbc.com/news/blogs-trending-35108339' targe='blank'>je suis Charlie</a>”or “<a href='https://thetab.com/uk/2017/03/23/defiant-we-are-not-afraid-billboards-appearing-around-london-35919' target='blank'>we are not afraid</a>” – can go a long way to help bring affected populations together to cope with the socio-psychological trauma of an attack. In their own way, social media platforms can also play a significant role by creating an online space where communities can grieve and start the process of sense-making.
However, in these moments, the public may also be vulnerable to more polarizing narratives. The idea that your community – or your set of values – is under threat from another can be particularly compelling. If these ideas are wrapped up in issues of national identity or historical injustice frameworks, they can become particularly damaging.
### <img src="Assets/Research.png" width="35" height="35"> Research Findings
* <a href='https://icct.nl/publication/remembering-terrorism-the-case-of-norway/' target='blank'>Remembering Terrorism: The Case of Norway</a>
* <a href='https://www.icct.nl/download/file/ICCT-Bakker-de-Graaf-Towards-A-Theory-of-Fear-Management-in-CT-January-2014.pdf' target='blank'>Towards a Theory of Fear Management in the Counterterrorism Domain: A Stocktaking Approach</a>
* <a href='https://icct.nl/app/uploads/2019/08/20190809_grntt_paper_12_0.pdf' target='blank'>Towards a Framework for Post-Terrorist Incident Communications Strategies</a><iframe src="https://fra1.qualtrics.com/reports/public/bGVpZGVudW5pdi01ZjU4NjNiNzg4MTE4ZjAwMGUyNGNmMTctVVJfM0ljNDN4REJyWE9QeHN4" title="Results" width="100%" height="1000"></iframe>{
(set: $chapter to "Chapter 3: the Aftermath - the Prison Administrator")
(set: $stage to 3)
(set: $progress to 0)
}The defendant has been sentenced to 21 years in prison, which is the maximum sentence possible. As they are being prepared to be transferred to prison to serve out their sentence, questions arise on how to deal with them upon arrival. Given their extremist views, there is a fear that they may radicalize other inmates.
As the prison administrator, you have the responsibility for deciding how to house them.
### What housing model would you opt for them and other violent extremist offenders (VEOs) in your prison?
<div class="box">(link-reveal: "**+ The Concentration Model**")[
You house them and all other VEOs together, separate from the normal prison populations. That way they can’t radicalise anyone else. (link: "► This is my choice.")[(set: $police_7 to "1")(go-to:"Prison Choice 7A")]]</div><div class="box">(link-reveal: "**+ The Dispersion Model**")[
You mix the perpetrator and all VEOs with the normal prison inmates. Extremists will be more likely to deradizalise if they are not together. (link: "► This is my choice.")[(set: $police_7 to "2")(go-to:"Prison Choice 7B")]]</div><div class="box">(link-reveal: "**+ The Isolation Model**")[
You isolate the perpetrator from all other inmates in the prison. They are clearly a danger to anyone who comes in contact with their ideas. (link: "► This is my choice.")[(set: $police_7 to "3")(go-to:"Prison Choice 7C")]]</div>{
(set: $chapter to "Chapter 3: the Aftermath - the Intelligence Officer")
(set: $stage to 3)
(set: $progress to 0)
}After the attack, a government inquiry finds evidence of multiple intelligence failures. A range of measures are recommended and a new fusion centre is set up to coordinate, analyse, combine, and facilitate interagency cooperation with regard to terrorism. As a police intelligence analyst, you are assigned to the fusion centre to work alongside colleagues from a range of other security agencies. Your unit is tasked with writing a national threat assessment.
### What information is most vital to inform this assessment?
<div class="box">(link-reveal: "**+ Strategic input from across government**")[
High-level officials from across the police, intelligence services, military and other national security agencies should come together to share views about the overall threat and risk. (link: "► This is my choice.")[(set: $public_7 to "1")(go-to:"Intelligence Choice 7A")]]</div><div class="box">(link-reveal: "**+ Specific information about radicalised individuals and potential terror plots**")[
You need to follow the threat. That means working closely with operational units in the intelligence services and police in particular. Access to classified information is essential. (link: "► This is my choice.")[(set: $public_7 to "2")(go-to:"Intelligence Choice 7B")]]</div><div class="box">(link-reveal: "**+ Information gathered and shared by foreign intelligence services.**")[
Most of the threats your country faces will come from beyond your borders and you need to work closely with allies. (link: "► This is my choice.")[(set: $public_7 to "3")(go-to:"Intelligence Choice 7C")]]</div>{
(set: $progress to it + 20)
}
### <img src="Assets/Reality.png" width="35" height="35"> In Reality
The perpetrator was sentenced to 21 years in prison, the longest sentence possible under Norwegian law for terrorism offenses. In prison, he was held in isolation, spending 22 to 23 hours per day alone in his cell.
<img src="Assets/Skien Prison.png" width="100%">
(align: "===>")[(css: "font-size: 80%")[Skien Prison, Image source: Bitjungle]]
As a result of these conditions, he brought a case claiming violations of his rights under the European Convention on Human Rights, namely Article 3 (prohibition of torture) and Article 8 (right to respect for private and family life). Moreover, he claimed that his time in isolation had <a href='https://www.bbc.com/news/world-europe-38603187' target='blank'>further radicalised them</a>.
Although the Oslo District Court initially <a href='https://www.theguardian.com/world/2016/apr/20/anders-behring-breiviks-human-rights-violated-in-prison-norway-court-rules' target='blank'>found in favour of the perpetrator</a>, the Norwegian state argued that he had to be held in isolation because he still posed a threat. Eventually, the case reached the European Court of Human Rights, but the Court <a href='https://www.dw.com/en/european-court-of-human-rights-rejects-appeal-of-anders-breivik/a-44328533' target='blank'>rejected the claim</a>, calling it manifestly unfounded.
### <img src="Assets/Consideration.png" width="35" height="35"> Key Considerations
The European Court of Human Rights has previously ruled in <a href='https://hudoc.echr.coe.int/fre#{"itemid":["001-110267"]}' target='blank'>Ahmad and Others v United Kingdom</a> that isolation in prison does not immediately constitute inhuman or degrading treatment. Rather "the particular conditions, the stringency of the measure, its duration, the objective pursued and its effect on the person concerned had to be taken into account.”
Nonetheless, theUnited Nations Standard Minimum Rules for the Treatment of Prisoners (the <a href='https://www.unodc.org/documents/justice-and-prison-reform/Nelson_Mandela_Rules-E-ebook.pdf' target='blank'>Mandela Rules</a>) note that prolonged (in excess of 15 days) or indefinite solitary confinement should be prohibited. Prolonged or indefinite isolation may violate states' obligations under the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Punishment.
### <img src="Assets/Research.png" width="35" height="35"> Research Findings
Research by ICCT has examined approaches to handling extremist offenders in a variety of contexts, such as in the <a href="https://icct.nl/publication/the-dutch-approach-to-extremist-offenders/" target="blank">Netherlands</a>, <a href="https://icct.nl/publication/the-last-frontier-prisons-and-violent-extremism-in-mali/" target="blank">Mali</a>, and the <a href="https://icct.nl/publication/rethinking-prison-radicalisation-lessons-from-the-u-s-federal-correctional-system/" target="blank">United States</a>— as well as their different outcomes.
For example, looking at Dutch prison management of Violent Extremist Offenders (VEOs), Liesbeth van der Heiden (ICCT Senior Research Fellow) and Olivia Kearney (ICCT Project Assistant) <a href="https://icct.nl/publication/the-dutch-approach-to-extremist-offenders/" target="blank">argue in favour of a concentration model of VEOs</a>, rather than dispersing them amongst the general prison population.
[[► Continue|Police 8]]{
(set: $progress to it + 20)
}Few terrorist offenders are sentenced to life imprisonment, meaning that the majority will be released at some point. While some are sentenced to a few months or a few years, others are given much longer sentences. What they have in common is that many of them will eventually be released back into society at some point.
### What types of interventions would you use to attempt to ensure the perpetrator no longer poses a risk to society?
<div class="box">(link-reveal: "**+ Cognitive behavioural therapy (CBT) programmes**")[
You believe the thoughts, feelings and beliefs that pushed them towards violent extremist ideas are learned rather than innate. By focusing on understanding and changing these cognitive processes - such as critical reasoning, goal setting, perspective taking - you seek to reduce criminal tendencies. (link: "► This is my choice.")[(set: $police_8 to "1")(go-to:"Prison Choice 8A")]]</div><div class="box">(link-reveal: "**+ Vocational training**")[
The lack of employment and employment skills is believed to be closely related to criminal conduct and re‐offending of normal prison populations, and you think it might help give this perpetrator and other VEOs a future to look forward to. (link: "► This is my choice.")[(set: $police_8 to "2")(go-to:"Prison Choice 8B")]]</div><div class="box">(link-reveal: "**+ Deradicalisation program**")[
Addressing an individuals radical ideology and behaviours that underpinned their decision to take up violence need to be prioritised. (link: "► This is my choice.")[(set: $police_8 to "3")(go-to:"Prison Choice 8C")]]</div><div class="box">(link-reveal: "**+ No interventions**")[
Given the horror of their crimes, you believe the perpetrator cannot be rehabilitated. No time or money should be spent on interventions for terrorists. (link: "► This is my choice.")[(set: $police_8 to "4")(go-to:"Prison Choice 8D")]]</div>{
(set: $progress to it + 20)
}
### <img src="Assets/Reality.png" width="35" height="35"> In Reality
The Norwegian prison system is built around the goal of rehabilitation, rather than punishment, for all prisoners and has one of the lowest recidivism rates in the world. As for all other prisoners, under domestic law, Norwegian authorities are under the obligation to work towards the perpetrator’s rehabilitation. It is unclear what kind of rehabilitation programmes he has been undergoing during his time in prison.
The question of efficacy of rehabilitation programmes and the level of recidivism of violent extremist offenders remains a contested subject, particularly in light of multiple high-profile attacks carried out by released extremist offenders. These include the London Bridge attack in November 2019 (which was carried out by an individual who had undertaken <a href='https://www.bbc.com/news/uk-50611788' target='blank'>two rehabilitation programmes in prison</a> after a 2012 conviction for terrorism-related offences).The February 2020 attack in London (where the attacker had <a href='https://www.theguardian.com/uk-news/2020/feb/02/streatham-attacker-was-released-terror-offender-sudesh-amman' target='blank'>recently been released from prison</a> after serving a sentence for terrorism-related offences) and the November 2020 Vienna attack (where the perpetrator had been <a href='https://apa.at/news/wien-attentaeter-war-20-jahre-alt-und-einschlaegig-vorbestraft-2/' target='blank'>released part way through a terrorism conviction for attempting to travel to Syria to join Islamic State</a>) are more recent examples.
<img src="Assets/Vienna.png" width="100%">
(align: "===>")[(css: "font-size: 80%")[Vienna]]
Nonetheless, some <a href='https://ctc.usma.edu/overblown-exploring-the-gap-between-the-fear-of-terrorist-recidivism-and-the-evidence/' target='blank'>research</a> has shown that recidivism rates are substantially lower for violent extremist offenders than for other categories of inmates. It is not yet clear whether rehabilitation interventions play a significant role in this. Furthermore, the results of deradicalisation and reintegration programmes are not well understood for two main reasons. First it is difficult to evaluate their success scientifically because legal, ethical and security concerns place restrictions on doing so. Many of these programmes are also in their infancy, so no proper case studies or data exist and there is no consensus on what constitutes best practice.
### <img src="Assets/Consideration.png" width="35" height="35"> Key Considerations
Current research suggests that violent extremism is not caused by a distinct personality trait, disorder or profile and contrary to previous thinking most violent extremists are not insane. However, research into understanding how various mental illnesses may facilitate extremist violence is ongoing. Addressing either mental illness or other emotional or psychological issues may be appropriate for some extremists, but this should be carried out by qualified mental health-care professionals.
Cognitive-behavioural programmes do not seek to address a mental illness as such, but to address the attitudes, beliefs or perceptions that enable violent extremist prisoners to support or participate in violent acts in the first place. These interventions can include a variety of aspects, including encouraging prisoners to feel that they no longer “fit in” with other members of their extremist group; exploring their dissatisfaction or disillusionment with their involvement or belief system; reducing their identification with a particular group or cause; improving their emotional regulation; and many others. Most of these cognitive changes are highly complex and challenging, and require the engagement of a wide range of trained personnel to engage with the violent extremist.
<img src="Assets/Mountains.png" width="100%">
Vocational training can be an essential part of rehabilitation and eventual reintegration into society for some violent extremists. Vocational training may keep violent extremist prisoners (VEPs) engaged and occupied, which can often have a positive impact on their physical and mental wellbeing. It may also reduce the appeal of rejoining a violent extremist group after release. This is most likely the case where an individual was driven to join such a group out of frustration or disillusionment at not being able to find or maintain a job, and thus may not apply to all extremists.
Overall, achieving the goals of either disengagement or deradicalisation will likely always require a multidisciplinary approach. Thus, it is likely that a combination of different interventions will be needed for each violent extremist prisoner. The approach should be individually tailored to the inmate, taking into account factors such as the specific drivers that led them to engage with violent extremism.
### <img src="Assets/Research.png" width="35" height="35"> Research Findings
* <a href='https://icct.nl/publication/re-offending-by-released-terrorist-prisoners-separating-hype-from-reality/' target='blank'>Re-Offending by Released Terrorist Prisoners: Separating Hype from Reality</a>
* <a href='https://icct.nl/publication/it-takes-a-village-an-action-agenda-on-the-role-of-civil-society-in-the-rehabilitation-and-reintegration-of-those-associated-with-and-affected-by-violent-extremism/' target='blank'>It Takes a Village: An Action Agenda on the Role of Civil Society in the Rehabilitation and Reintegration of Those Associated With and Affected by Violent Extremism</a>
* <a href='https://icct.nl/publication/the-need-for-more-structural-data-analysis-in-detention-and-rehabilitation-of-extremist-offenders/' target='blank'>The Need for More & Structural Data Analysis in Detention and Rehabilitation of Extremist Offenders</a>
* <a href='https://icct.nl/publication/additional-guidance-on-the-role-of-psychologistspsychology-in-rehabilitation-and-reintegration-programs/' target='blank'>Additional Guidance on the Role of Psychologists/Psychology in Rehabilitation Programmes</a>
* <a href='https://www.icct.nl/download/file/ICCT-Veldhuis-Designing-Rehabilitation-Reintegration-Programmes-March-2012.pdf' target='blank'>Designing Rehabilitation and Reintegration Programmes for Violent Extremist Offenders: A Realist Approach</a>
[[► Continue|Police 9]]{
(set: $progress to it + 20)
}The defendant in this case received the longest sentence possible under law, but the sentence can be extended if a parole board believes that the defendant continues to pose a risk to society. You are asked by the parole board to assess the risk that they might pose to the public upon release from prison.
### What is the most important factor you will emphasize in your report?
<div class="box">(link-reveal: "**+ Their changes in belief (deradicalisaton)**")[
You want to see a clear change in thinking, moving from embracing violent extremist ideology to renouncing it. (link: "► This is my choice.")[(set: $police_9 to "1")(go-to:"Prison Choice 9A")]]</div><div class="box">(link-reveal: "**+ Their change in behaviour and community networks (disengagement)**")[
You want to see significant changes to the perpetrator’s behaviour to avoid and reject participation in communities - physical or online - where violent extremist ideas exist. (link: "► This is my choice.")[(set: $police_9 to "2")(go-to:"Prison Choice 9B")]]</div>{
(set: $progress to it + 20)
(set: $police3_complete to true)
(set: $chapter_end to true)
}
### <img src="Assets/Reality.png" width="35" height="35"> In Reality
The perpetrator in the Norway attacks <a href='https://www.thelocal.no/20200916/norway-killer-breivik-seeks-parole-lawyer'>filed his first application for parole</a> in September 2020. Explaining the application, his lawyer said: "He has the right to a legal review for parole at the end of the minimum period, which is 10 years in his case. It's a right all convicts ... have and that he wants to exercise."
While it is not likely that this particular individual will be granted early parole by Norwegian authorities, according to <a href='https://www.bbc.com/news/world-europe-51560046'>Europol</a> hundreds of convicted terrorists “will be released from European prisons within the next few years, figures suggest. From 2016 to 2018, Spain had the most court cases for terror offences (343) in the EU, followed by the UK (329), France (327) and Belgium (301). This means many governments will need to determine the risks of release, how to supervise those who have been released, and how to integrate convicted terrorists back into society.
### <img src="Assets/Consideration.png" width="35" height="35"> Key Considerations
There is no perfect formula for looking at the risk that an individual who has served their sentence may still pose upon their release back into the community. Yet, terrorism recidivism remains a significant social, political and security concern. The metrics used to assess this, as well as the actors and procedures that have a role to play upon their release have changed substantially. However, work with probation officers, and other relevant government and social groups remains important for supervision, and successful return and reintegration to the community.
Utilising a structured risk assessment tool can play a vital role in allowing relevant actors to better understand the risk that may be posed to society by the release of an extremist offender (in addition to helping understand the risk that they pose while in prison itself). Although risk assessments do not provide a magic bullet to address the challenges of managing, rehabilitating, and reintegrating violent extremists, using structured professional judgment through such tools at regular intervals can assist in addressing the risk of extremist individuals.
### <img src="Assets/Research.png" width="35" height="35"> Research Findings
* <a href='https://icct.nl/publication/the-practitioners-guide-to-the-galaxy-a-comparison-of-risk-assessment-tools-for-violent-extremism/' target='blank'>The Practitioner’s Guide to the Galaxy – A Comparison of Risk Assessment Tools for Violent Extremism</a>
* <a href='https://icct.nl/publication/the-dutch-approach-to-extremist-offenders/' target='blank'>The Dutch approach to extremist offenders</a>
* <a href='https://www.icct.nl/download/file/ICCT-Schmid-Violent-Non-Violent-Extremism-May-2014.pdf' target='blank'>Violent and Non-Violent Extremism: Two Sides of the Same Coin?</a>
* <a href='https://icct.nl/app/uploads/2016/12/16Dec6_JVEO_Policy-Brief_FINAL.pdf' target='blank'>Rehabilitating Juvenile Violent Extremist Offenders in Detention</a>{
(set: $progress to it + 20)
}
### <img src="Assets/Reality.png" width="35" height="35"> In Reality
Just weeks after the attack, the Norwegian parliament <a href='https://www.regjeringen.no/no/dokumenter/nou-2012-14/id697260/?ch=3#kap3' target='blank'>requested</a> “an independent commission to review and draw lessons from the attacks,” with the purpose of equipping Norway to avert and meet any future attacks while preserving key values in Norwegian society, specifically openness and democracy.
One of the primary failures identified was a deficiency in coordination and interaction. In part in response to this finding, in 2014 Norway established a joint analysis cell called the <a href='https://www.refworld.org/docid/5bcf1f8d13.html' target='blank'>Joint Counter Terrorism Center</a>, led by the Norwegian Police Security Service (<em>Politiets sikkerhetstjeneste</em>: PST) in coordination with the military intelligence service. The PST is responsible for <a href='https://pst.no/alle-artikler/pressemeldinger/skjerping-av-trusselen-fra-ekstrem-islamisme/' target='blank'>national terrorism threat assessments</a>.
### <img src="Assets/Consideration.png" width="35" height="35"> Key Considerations
Over the last 20 years, many countries have established counter-terrorism fusion centres. However, many fusion centres also have no formal authority – other organisations are often not legally obligated to accept fusion centres’ coordinating role. They also are rarely implementing organisations, meaning they depend on other services and agencies to execute counter-terrorism policies.
Fusion centres may also be subject to political influence. Public perception of terrorist threats is ultimately a political issue, and national threat levels may be at risk of being used for political purposes, particularly after terrorist attacks.
<img src="Assets/Surveillance.png" width="100%">
One of the issues that fusion centres face in their mission of combining and analysing threat information, is the classified nature of part of this information. There are legal barriers that make it difficult to exchange information between closed and open circuits. These legal frameworks are there for valid reasons, for instance to ensure source protection for sensitive intelligence sources, like human assets. If the overarching goal is maximum information exchange to inform threat assessments, it might seem reasonable to reconsider these legal barriers. However, changing these could hinder the ability of intelligence or police organisations to build and maintain their information position within their counter-terrorism investigations.
When considering how to share information across national boundaries, political considerations and problems related to (de)classification become even more challenging. In part to address these concerns, representatives from various national fusion centres informally convene bi-annually to share insights and experiences on threat assessments and counter-terrorism coordination.
### <img src="Assets/Research.png" width="35" height="35"> Research Findings
* <a href='https://icct.nl/app/uploads/2019/02/ICCT-VanderVeer-Bos-VanderHeide-Fusion-Centres-in-Six-European-Countries.pdf' target='blank'>Fusion Centres in Six European Countries: Emergence, Roles and Challenges</a>
* <a href='https://icct.nl/publication/intelligence-failures-in-france-the-complex-reality-of-information-sharing/' target='blank'>Intelligence Failures in France? The Complex Reality of Information Sharing</a>
[[► Continue|Public 8]]{
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}It emerges that the attacker’s name had been flagged to the security services months before the attack for importing chemicals that customs authorities feared could be used to make weapons. The chemicals are legal to import and have legitimate uses in farming.
However, a full investigation reveals that more than two dozen individuals have made similar purchases in the year following the attack.
### Do you put all of these individuals on a government watchlist?
<div class="box">(link-reveal: "**+ Yes, they will each be added to the watchlist**")[
The attacker’s manifesto included his formula for bomb-making, and might have inspired others, while also giving them the means to conduct a serious attack. Everyone on the list should be subject to intense government monitoring. (link: "► This is my choice.")[(set: $public_8 to "1")(go-to:"Intelligence Choice 8A")]]</div><div class="box">(link-reveal: "**+ No, you don’t add them to the watchlist**")[
It’s too complicated and expensive to monitor everyone. The chemicals are legal and most people don’t intend any harm. Besides, you’re worried about the legality of putting everyone on a government watchlist for just one suspicious transaction. (link: "► This is my choice.")[(set: $public_8 to "2")(go-to:"Intelligence Choice 8B")]]</div><div class="box">(link-reveal: "**+ You don’t add them before checking other sources**")[
One legal purchase isn’t enough. But, it makes sense to find out a little more about everyone on that list. If they’ve been importing other bomb-making items, have purchased firearms or have previous convictions, you might consider further monitoring. (link: "► This is my choice.")[(set: $public_8 to "3")(go-to:"Intelligence Choice 8C")]]</div>{
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### <img src="Assets/Reality.png" width="35" height="35"> In Reality
The attacker’s bomb-making preparations had caught the attention of multiple government agencies — including the Customs Service, the Directorate for Civil Protection, and the Norwegian Post, (the national postal service) — <a href='https://www.telegraph.co.uk/news/worldnews/europe/norway/8661084/Norway-killer-Anders-Behring-Breivik-came-to-attention-of-intelligence-services-in-March.html' target='blank'>months before the attack took place</a>. Ultimately, his name was included on a list of 41 individuals who had imported to Norway from Poland chemicals that could be used in the production of explosives. This list was shared with the police, but <a href='https://www.reuters.com/article/us-breivik-commission-idUSBRE87C0PE20120813' target='blank'>no investigations were made</a> and the terrorist went undetected prior to his attack.
<img src="Assets/Gjorv.png" width="100%">
(align: "===>")[(css: "font-size: 80%")[Alexandra Bech Gjørv, head of the July 22 Commission, Image source: Heiko Junge, NTB Scanpix]]
According to the official government inquiry <a href='https://www.regjeringen.no/no/dokumenter/nou-2012-14/id697260/?q=poland&ch=7#kap16-2' target='blank'>report</a>, the police explained their failure to investigate was because the list “does not describe anything other than a foreign exchange transaction to a Polish company, which legally sells goods to Norway. At that time, there was no information to suggest that.… the list could be linked to people in environments that represented a terrorist threat.”
However, the inquiry noted that “more creative” use of this information could have uncovered the attacker’s purchase of high-capacity rifles, a bulletproof vest and other equipment. Taken together, this information “could have reinforced the suspicion that something was wrong.”
### <img src="Assets/Consideration.png" width="35" height="35"> Key Considerations
Watchlisting is an established practice by intelligence agencies and law enforcement agencies. Watchlists contain classified and unclassified information regarding the identities of those who are known or reasonably suspected of being involved in terrorist activities.
Each national government sets its own criteria for when an identity should be included – or removed – from a terrorist watchlist. Suspicious activity usually is the trigger for inclusion, including (but not limited to) the purchase of specific equipment or materials, patterns of financial activity, online activity linked to terrorism and radicalisation, and suspicious travel activity.
The practice is not without controversy. What triggers a government to add – or remove – an individual from a terrorist watchlist? What are the overall benefits of a watchlist to national, international, and border security? What are the human rights implications of watchlisting, and how can a government monitor watchlisting activities in a transparent manner to prevent abuse? What additional authorities are given to law enforcement or security personnel upon encountering individuals on the watchlist?
<img src="Assets/Monitoring.png" width="100%">
In 2017, watchlists became central to combat the phenomena of foreign terrorist fighters. <a href='http://undocs.org/S/RES/2396(2017)' target='blank'>United Nations Security Council Resolution (UNSCR) 2396</a> was passed, stating that member states “shall develop watchlists or databases of known and suspected terrorists, including foreign terrorist fighters, for use by law enforcement, border security, customs, military, and intelligence agencies to screen travelers and conduct risk assessments and investigations.” This includes the collection of biometric data such as fingerprints and photographs in order to identify alleged terrorists and foreign fighters. Additionally, the resolution “urges Member States to expeditiously exchange information, through bilateral or multilateral mechanisms.”
On the one hand, proactive collection and sharing of information through these watchlists could constitute necessary pieces of larger puzzles that intelligence agencies seek to prevent terrorist attacks. On the other hand, there are risks that these databases may be misused for targeting of dissenters instead of suspected terrorists, and that incomplete or incredible information may lead to government action that is not justified.
Moreover, monitoring individuals on watchlists <a href='https://www.bbc.com/news/magazine-22718000' target='blank'>presents challenges</a> for intelligence services. Most lack the manpower to actively monitor all individuals on the list. For example, in 2019 the UK had <a href='https://www.bbc.com/news/uk-48185759' target='blank'>3,000 Persons of Interest (POI)</a> on their watchlist, and 20,000 former SOIs. Additionally, the massive volume of data generated by such monitoring activities means services risk missing the forest for the trees. Of particular concern are false positives – that have to be checked and discounted, which can unduly claim significant time and energy.
In recognition of these challenges, the Global Counter-Terrorism Forum (GCTF)’s <a href='https://www.thegctf.org/LinkClick.aspx?fileticket=8cF0-KwDAGM%3D&portalid=1' target='blank'>New York Memorandum on Good Practices for Interdicting Terrorist Travel</a> offers non-binding guidelines for good practices for governments in the development and implementation of watch lists.
### <img src="Assets/Research.png" width="35" height="35"> Research Findings
* <a href='https://icct.nl/app/uploads/2019/10/WillemijnTiekstraFreeMovement.pdf' target='blank'>Free movement threatened by terrorism: an analysis of measures proposed to improve EU border management</a>
* <a href='https://www.thegctf.org/LinkClick.aspx?fileticket=8cF0-KwDAGM%3D&portalid=1' target='blank'>New York Memorandum on Good Practices for Interdicting Terrorist Travel</a>{
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## Credits
This narrative was developed by the <a href="https://icct.nl" target="blank">International Centre for Counter-Terrorism - the Hague</a>.
Content Development: <a href="https://icct.nl/people/alexander-von-rosenbach/" target="blank">Alexander von Rosenbach</a>, <a href="https://icct.nl/people/joana-cook/" target="blank">Joana Cook</a>, <a href="https://icct.nl/people/reinier-bergema/" target="blank">Reinier Bergema</a>, <a href="https://icct.nl/people/julie-coleman/" target="blank">Julie Coleman</a>, <a href="https://icct.nl/people/rumyana-grozdanova/" target="blank">Rumyana van Ark</a>, <a href="https://icct.nl/people/ruth-heylin/" target="blank">Ruth Heylin</a>, <a href="https://icct.nl/people/gijs-weijenberg/" target="blank">Gijs Weijenberg</a>
Creative Development: <a href="https://icct.nl/people/teo-kai-xiang/" target="blank">Teo Kai Xiang</a>
<center><iframe src="https://docs.google.com/forms/d/e/1FAIpQLScZ47isYknM07gcdqN0C-yGbxWTHP3K396kbHZABPRGdhsgnA/viewform?embedded=true" width="640" height="818" frameborder="0" marginheight="0" marginwidth="0">Loading…</iframe></center>(if: $visual is "visual")[(link: '<img src="Assets/Chapter1.png" alt="Chapter 1: The Attack - How should we react in the immediate aftermath of a devestating attack? Explore the perspective of the officer, the reporter and the citizen" width="100%">')[(goto:"Nexus 1 - Attack")]
(link: '<img src="Assets/Chapter2.png" alt="Chapter 2: The Trial - How do we meet demands for justice while protecting the rule of law? Explore the perspective of the prosecutor, the judge and the legislator." width="100%">')[(goto:"Nexus 2 - Trial")]
(link: '<img src="Assets/Chapter3.png" alt="Chapter 3: The Aftermath - How do we prevent such violence from ever happening again? Explore the perspective of the intelligence officer and the prison administrator." width="100%">')[(goto:"Nexus 3 - Remembrance")]
](if: $visual is "alternative text")[<center><h3>[[Chapter 1: The Attack|Nexus 1 - Attack]]
[[Chapter 2: The Trial|Nexus 2 - Trial]]
[[Chapter 3: The Aftermath|Nexus 3 - Remembrance]]](set: $collapsed to false)
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