A decade after 9/11, the international field of counter-terrorism is now thick with law. But that does not mean that the law is coherent or legitimate. The birth of new rules, institutions and processes can be anarchic. New norms overlay older, pre-existing legal forms and regimes, generating...

In 2011, the Appeals Chamber of the UN Special Tribunal for Lebanon purported to identify a customary international crime of transnational terrorism and applied it in interpreting domestic terrorism offences under Lebanese law. This article argues that the Tribunal's decision was incorrect...

While most terrorism remains localised, aspects of some transnational terrorism and counter-terrorism have been simultaneously enabled and constrained by globalisation. This paper addresses both the material, causative and legal dynamics of globalisation in relation to terrorism and...

In the absence of a bill of rights in Australia with which to evaluate and challenge sophisticated rights-based arguments for evaluating anti-terrorism laws, those faced with arguably excessive laws are left with little upon which to hang their challenges. In the High Court case of Thomas vs....

The use (and misuse) of law to counter terrorism has proliferated at the national, regional and international levels since the terrorist attacks on the United States of 11 September 2001. Asia is no exception, although the roots of counter-terrorism laws run much deeper than those which grew out...

This paper first considers the policy reasons for why the international community should define terrorism, focusing on arguments that terrorism: (a) seriously violates human rights; (b) jeopardizes the State, deliberative politics and the constitutional order which sustains rights; (c) is...

Controversy has erupted in many jurisdictions about the inclusion of a motive element in the criminal law definition of terrorism, in particular whether reference to a political, religious or ideological purpose or cause unjustifiably interferes in freedom of expression and freedom of religion,...

Much of the international legal debate about defining terrorism has focused on the ideological disputes, or technical mechanics, of definition, rather than on the underlying policy question of why-or whether-terrorism should be internationally criminalized. Since most terrorist acts are already...

This paper focuses on the growing pressure to automatically exclude suspected terrorists from refugee status since the late 1990s including exclusion based on mere membership of terrorist organizations. As the first part of this paper shows, such pressure has emanated from the UN General...