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...

There has been considerable ambivalence in the response of the international community and different national governments towards the problem of how to respond to individual terrorist acts and sustained campaigns of terrorist violence. Responses vacillate between a desire to punish and deter...

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...

Until recently, terrorism been addressed under existing frameworks of the law on the use of force, humanitarian law and human rights law, or under sectoral treaties dealing with particular offences. This article asks whether there is now an emerging ‘international law of terrorism’ or...

The criminal law has assumed a central role in global counter-terrorism efforts since 9/11. This article examines criminal law responses to terrorism at the national, regional and international levels, including the controversial shift over time from treating terrorism as ordinary crime...