What is Terrorism? Assessing Domestic Legal Definitions

86 Pages Posted: 8 Feb 2013 Last revised: 19 Feb 2013

See all articles by Keiran Hardy

Keiran Hardy

University of New South Wales (UNSW) - Faculty of Law

George Williams

University of New South Wales (UNSW) - Faculty of Law

Multiple version iconThere are 2 versions of this paper

Date Written: February 7, 2013

Abstract

Anti-terrorism powers were largely enacted as an emergency response to September 11 and later terrorist attacks, and yet they now appear to be a permanent feature of domestic law. How governments apply these anti-terrorism powers depends upon the scope of statutory definitions of terrorism. This article develops three key criteria for assessing the appropriateness of definitions of terrorism in domestic legislation. The first two criteria relate to the principle of legality. They require definitions of terrorism to be drafted in language which (1) gives reasonable notice of the prohibited conduct, (2) confines the operation of legislation to its intended purposes, and (3) is drafted consistently in comparable jurisdictions. The article then tests seven definitions of terrorism against these three criteria. It focuses on legal definitions of terrorism in the United Kingdom, Canada, Australia, South Africa, New Zealand, India, and the United States. The article not only examines the statutory language used to define terrorism in each jurisdiction, but also examines how these definitions have been applied and interpreted since their enactment. This testing process suggests that much remains to be done to improve the clarity, scope and consistency of definitions of terrorism in domestic legislation.

Suggested Citation

Hardy, Keiran and Williams, George, What is Terrorism? Assessing Domestic Legal Definitions (February 7, 2013). UNSW Law Research Paper No. 2013-16; UCLA Journal of International Law and Foreign Affairs, Vol. 16, 2011; UNSW Law Research Paper No. 2013-16. Available at SSRN: https://ssrn.com/abstract=2213332

Keiran Hardy

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

George Williams (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

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