Minorities and Counter-Terrorism Law

European Yearbook of Minority Issues, Forthcoming

Sydney Law School Research Paper No. 17/35

15 Pages Posted: 5 May 2017

See all articles by Ben Saul

Ben Saul

The University of Sydney Law School

Date Written: May 4, 2017

Abstract

Members of minority groups have historically been both victims and perpetrators of terrorism. This article examines how international and national legal controls on terrorism have addressed or impacted upon members of minority groups. In particular, it identifies three key areas in which legal questions arise: (1) the extent to which terrorism laws protect minorities (which is principally a question of the definition of terrorism, particularly ‘motive’ elements); (2) how terrorism laws apply to – or exempt – members of minorities who perpetrate terrorism (which concerns both definition and exceptions to definitions); and (3) how counter-terrorism laws differentially or disproportionately impact on minorities (which concerns definition as well as over-policing).

Keywords: Minorities, Terrorism, Self-Determination, Discrimination, Separatism, Religious Violence, Ethnic Violence

JEL Classification: K10, K30, K33

Suggested Citation

Saul, Ben, Minorities and Counter-Terrorism Law (May 4, 2017). European Yearbook of Minority Issues, Forthcoming; Sydney Law School Research Paper No. 17/35. Available at SSRN: https://ssrn.com/abstract=2962826

Ben Saul (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

HOME PAGE: http://https://sydney.edu.au/law/about/people/profiles/ben.saul.php

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