Lecture 1 Defining Terrorism

Parliament Website - House of Commons Library – Useful for finding documents. Counter Terrorism Act 2008 – Human Rights concerns, pre charge detention times – lots of select committee reports surrounding it. Terrorism Acts 2000 + 2006 – Key acts Independent Reviewer of Terrorism Legislation – Annual reports on the legislation Counter-terrorism statistics gov.uk – HO publish annual statistics Exam = 2x 1750 words in 48 hours Lecture One Nature of The Threat 29/09/20 • • Defining terrorism UK counter-terrorism legislation Defining Terrorism: Is One Mans’ Terrorist Another Mans Freedom Fighter? Ganor (2002) - - Political scientist, challenges view that defining freedom fighters who resort to violence on civilians as terrorists is problematic – should be subject to full weight of criminal law. Discrediting genuine freedom fighters with genuine causes – states label them as terrorists? Defining Terrorism: ‘A Conceptual Minefield’ Saul (2019) - International lawyer, looks at issues of defining terrorism at the international level Wilkinsons’ 5 Characteristics – Influential in developing counter terrorism policy in the UK State terrorism as far more effective than sub-state terrorism Terrorism can be conceptually and empirically distingushed from other modes of violence through these 5 characteristics • Premeditated to create a climate of fear Psychological use of violence • Target wider than the immediate victims Identities of casualties is incidental to political message communicated – collateral damage • Attacks on random/symbolic targets, including civilians Intrinsically violates the laws of warfare • Considered extra-normal; violated standard regulatory norms May be revolutionary and opposed to law on principle – IRA refusing to acknowledge criminal courts • Primary function is to POLITICALLY influence Gov, communities or specific groups – violence/threat of is order to change affairs Tilly’s Skepticism – does it really distinguish? Or can they be applied to criminal violence – gang violence for eg? Military conflicts? US emphasize sub-state groups acting against powerful (US) interests – argues that references to terrorism were not useful, nothing about definitions showed a similar cause-effect relationship between terrorism and its consequences – so, no useful generalizations available. • • In social science, useful definitions should point to detectable phenomena that exhibit some degree of casual coherence – in principle all instances should display common properties that embody or result from similar cause effect relations A remarkable array of actors sometimes adopt terror as a strategy, and therefore no coherent set of cause-effect propositions can explain terrorism as a whole – not distinguishable from other strategies 4 elements to definition- terror is a strategy of intimidation in disputes, wide variety of individuals/groups/networks use the strategy of terror, strategies complement and intercept with other forms of political activity – any organization, state or sub state, have a wide range of strategies(eg. IRA/Shein Fayne), always specialists in coercion (eg. SAS) Gearty’s Methods or Subversives? Very concerned with human rights usurping the political sphere – issues should be debated in a political arenas and thrashed out via democratic system. Originally opposed to HRA, but in support of the way it developed but critical of the way it was incorporated into UK law. Doesn’t believe the domain of law is the right place to have debates about HR. • The deliberate or reckless killing of civilians, or the doing of extensive damage to their property, with the intention of thereby communicating a political message of some sort to a third party Neutral definition – immoral weapon of the weak bully, always ineffective. Terrorism as a methodology, states and Gorilla movements use it as one method from a variety. State terror is most effective (Hitler, Stalin, Ghaza + Israel) but terrorism seems to define a category of person rather than a technique of violence – terrorist as an identifier. • A moral judgment has insinuated itself into the language of terrorism. What the terrorist does is always wrong, what the "counter-terrorist" has to do to defeat the terrorist is therefore invariably, necessarily right…… the language of terrorism has become the rhetorical servant of the established order Stopped looking at what happens and instead at who is doing it. UK Counter-Terrorism Legislation • • Civil Authorities (Special Powers) (Northern Ireland) Act 1922 Prevention of Terrorism (Emergency Powers) Act 1974, 1976, 1989 Rushed through within 48hrs of Birmingham pub bombings, 17hrs of debate. 9(1) defines terrorism as use of violence for political ends, putting public in fear. Repealled 2000. • Terrorism Act 2000 S1 provides fuller definition of terrorism – permanent footing, no longer emergency powers – counter-terrorism strategy placed on permanent legislative basis, international in its scope. (1) In this Act "terrorism" means the use or threat of action where(a) the action falls within subsection (2), (b) the use or threat is designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public, and (c) the use or threat is made for the purpose of advancing a political, religious, racial or ideological cause. (2) Action falls within this subsection if it(a) involves serious violence against a person, (b) involves serious damage to property, (c) endangers a person's life, other than that of the person committing the action, (d) creates a serious risk to the health or safety of the public or a section of the public, or (e) is designed seriously to interfere with or seriously to disrupt an electronic system.….. (4) In this section(a) "action" includes action outside the United Kingdom • • • • • • • • Anti-Terrorism Crime and Security Act 2001 Prevention of Terrorism Act 2005 Terrorism Act 2006 Counter-Terrorism Act 2008 Terrorist Asset-Freezing ect Act 2010 Terrorism Prevention and Investigation Act 2011 Counter-Terrorism and Security Act 2015 Counter-Terrorism and Border Security Act 2019 • (Counter-Terrorism and Sentencing Bill) Counter-Terrorism Special Powers as per TA 2000: Proscription s.3 Stop & Search ss. 43, 43a, 44 Port & Border Stop & Detain sch. 7 Arrest s.41 Pre-charge Detention Time Limits sch. 8, PACE code H TPIMs (terrorism prevention investigation mechanisms) s.2 TPIA 2011, control orders under PTA 2005, detention under ATCSA 2001