Alan Greene
Defining Terrorism: One Size Fits All?
Greene, Alan
Authors
Abstract
This article challenges the idea, both in domestic and international law, of defining terrorism. Using section 1 of the UK's Terrorism Act 2000 as an illustrative example, this article argues that a single definition of terrorism is invariably broad owing to the need to accommodate the lowest common denominator. This is damaging to the ‘principle of legality’ as recognized in British public law and the ECHR. Moreover, this problem is further exacerbated by the increasing application of counterterrorism legislation to non-international armed conflicts. This article therefore suggests an alternative solution: multiple definitions of terrorism whose breadth is dependent upon the specific circumstances for which they are designed. Fears that such an approach may amount to an ‘expression of inconsistency’ will be addressed by arguing that law's capacity to shape and frame public and political debate on the concept of terrorism is over-exaggerated. Legal definitions of terrorism therefore should remain primarily concerned with the legal rather than political function of defining terrorism.
Citation
Greene, A. (2017). Defining Terrorism: One Size Fits All?. International and Comparative Law Quarterly, 66(2), 411-440. https://doi.org/10.1017/s0020589317000070
Journal Article Type | Article |
---|---|
Acceptance Date | Jan 9, 2017 |
Online Publication Date | Feb 20, 2017 |
Publication Date | Apr 1, 2017 |
Deposit Date | Jan 9, 2017 |
Publicly Available Date | Jan 10, 2017 |
Journal | International and Comparative Law Quarterly |
Print ISSN | 0020-5893 |
Electronic ISSN | 1471-6895 |
Publisher | British Institute of International and Comparative Law |
Peer Reviewed | Peer Reviewed |
Volume | 66 |
Issue | 2 |
Pages | 411-440 |
DOI | https://doi.org/10.1017/s0020589317000070 |
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Copyright Statement
This article has been published in a revised form in International & comparative law quarterly https://doi.org/10.1017/s0020589317000070. This version is free to view and download for private research and study only. Not for re-distribution, re-sale or use in derivative works. © British Institute of International and Comparative Law 2017
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