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Mohamed Badar

Professor of Comparative and International Criminal Law at Northumbria University, Newcastle, UK

Cyber crime

Session Title | The Use of the Internet for Terrorist Purposes: A Comparative Study on the Criminalisation of Incitement to Terrorism.

My presentation will focus on the very recent developments in EU and Arab countries regarding the criminalisation on incitement to terrorism and glorifying terrorist activities through the internet and social media. The second part discusses State responsibility and the positive obligations to protect the right to life through legislation by criminalising incitement to hatred, glorification, and apology for terrorism. The presentation also discusses in brief the practice of excommunication (takfiri practices) by extremist groups and demonstrates that such practices do not merely classify people or excommunicate them from a particular society but it also allows for their killing and the new trend adopted by few African states in criminalising glorification and apology to terrorism and how the recent work of the African Commission on Human Rights managed to strike a good balance between freedom of expression and incitement to hatred which is a unique module to be followed by Western Countries. I argued that to enact such legislation is not merely a recommendation but an imperative under the right to life provision in the International Covenant on Civil and Political Rights, and the corresponding duty of States to protect the lives of their citizens.

He is a Professor and the Chair in Comparative and International Criminal Law & Islamic Law at Northumbria University, Newcastle, United Kingdom.

He served as Senior Prosecutor and Judge in Egypt from 1997-2006. He recently served as a Senior Expert for Euromed Justice IV, a project funded by the European Commission for enhancing Euro-Mediterranean mutual legal assistance on the investigation and prosecution of complex judicial cases i.e. terrorism, money laundering and cybercrime. He also served as a senior Police investigator in Egypt (1991-1997). He was a member (investigator) of the Bahrain Independent Commission of Inquiry to investigate and report on allegations of human rights violations during the civil unrest in Bahrain in February/March 2011.

He had the opportunity to work as an expert for the United Nations Interregional Crimes and Justice Research Institute (UNICRI), the United States Institute for Peace (USIP), the United Nations Office on Drugs and Crime (UNODC) and the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO).

He holds a Ph.D. in comparative and international criminal law from the National University of Ireland, Galway, a first class honours LL.M. degree in international human rights from the same university, a Bachelor of Law (LLB) and a Bachelor of Police Sciences from the Police College, Police Academy, Cairo, and a Diploma in international legal relations from Ain Shams University, Cairo.

He is the author of The Concept of Mens Rea in International Criminal Law (Oxford: Hart, 2013) and has published 30 articles in refereed journals as well as 20 chapters in prominent books. My work was cited and quoted by the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Court, the United Nations Extraordinary Chambers in the Courts of Cambodia, the United Nations International Law Commission, the Supreme Court of Argentina, and by distinguished scholars.

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