The radicalisation process is often portrayed in the literature as a pathway. Whilst the author previously developed a meta-framework that embodies the current state of research on phase models of radicalisation (De Coensel, Journal for Deradicalization 17:89–127, 2018), no research has been conducted on the use and operationalisation of these phases in the courtroom. This chapter therefore examines to what extent and how the concept of radicalisation is used to motivate the conviction of terrorist offenders by conducting a systematic, qualitative content analysis of 33 Belgian court rulings pronounced between 2012 and 2017 on terrorism-related acts. The analysis reveals that, while phase models of radicalisation are not explicitly referenced in judicial reasoning, courts implicitly rely on elements from these models, such as social ties, cognitive factors, and attitudes towards violence, to assess ideological convictions and infer terrorist intentions from these convictions. Although the analysis also sheds light on the trajectories of convicted terrorist offenders, court rulings often lack detail on the early stages of radicalisation, limiting their suitability for empirically testing theoretical models like the meta-framework.

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Radicalisation: A Concept Used in the Courtroom?

  • Stéphanie De Coensel

摘要

The radicalisation process is often portrayed in the literature as a pathway. Whilst the author previously developed a meta-framework that embodies the current state of research on phase models of radicalisation (De Coensel, Journal for Deradicalization 17:89–127, 2018), no research has been conducted on the use and operationalisation of these phases in the courtroom. This chapter therefore examines to what extent and how the concept of radicalisation is used to motivate the conviction of terrorist offenders by conducting a systematic, qualitative content analysis of 33 Belgian court rulings pronounced between 2012 and 2017 on terrorism-related acts. The analysis reveals that, while phase models of radicalisation are not explicitly referenced in judicial reasoning, courts implicitly rely on elements from these models, such as social ties, cognitive factors, and attitudes towards violence, to assess ideological convictions and infer terrorist intentions from these convictions. Although the analysis also sheds light on the trajectories of convicted terrorist offenders, court rulings often lack detail on the early stages of radicalisation, limiting their suitability for empirically testing theoretical models like the meta-framework.