Defining Terrorism Activity Defense Institute of International Legal Studies Regional Defense Combating Terrorism Fellowship Program

Scenario The Ministry of Legislative Affairs has requested your assistance in drafting a new law outlawing terrorism. Specifically, the Ministry would like you to address the following issues. Assume for the purposes of this exercise there are no prior national laws pertaining to terrorist acts currently in force.

Q1. Should the statute focus on prevention and prohibition of terrorist acts, or will it include punishment as well? 1.Prevention and prohibition of terrorist acts 2.Prevention, prohibition, and punishment of terrorist acts

Q2. Should the act of terrorism be solely defined by ordinary criminal offenses or should terrorism be more generally defined, such as ‘violent acts…’? 1.Ordinary crimes 2.More general definition

Q3. Will the commission of an allegedly terrorist act enable the government to claim greater authority under the statute or are the current government’s powers sufficient? 1.Greater government powers 2.Current government powers

Q4. Should the offense of terrorism require a motive, such as seeking to cause fear and panic in the population? If so, how should it be phrased? 1.Yes, motivation should be included 2.No, motivation not be included

Q5. Will acts of terrorism under the new law include acts directed against property? If so, will there be any limitations, such as only those acts directed against government property? 1.Yes, criminal acts directed against property are included 2.No, criminal acts directed against property are not included

Q6. Must the suspect commit a terrorist act or is the mere membership in an outlawed organization sufficient to impose criminal liability? 1.Commission of a terrorist act required 2.Membership in a terrorist organization is sufficient

Q7. Assume the Ministry would like to include violence directed against important persons, such as diplomats, as a terrorist crime. Should the law require proof that the terrorist knew the identity of the intended victim at the time of the commission of the crime? What level of knowledge, if any, should be required? 1.Yes, proof of knowledge of victim’s identity required 2.No, proof of knowledge of victim’s identity not required

Q8. The Ministry would like to criminalize the act of providing financial support, among others, to terrorists. Should the law require proof that the donor knew the individual or organization to which he donated funds was engaged in terrorist activities? Would constructive knowledge (“should have known”) be enough ? 1.Yes, proof of knowledge of terrorist activities required 2.No, proof of knowledge of terrorist activities not required

Defining Terrorism Activity Defense Institute of International Legal Studies Regional Defense Combating Terrorism Fellowship Program