NCJ Number
224832
Date Published
2007
Length
10 pages
Annotation
This paper examines some fundamental issues related to the global initiative against terrorism from a European perspective.
Abstract
The issues discussed are problems in defining “terrorism;” the types of, motivations for, and aims of terrorism; legal policing policies toward terrorist operations; and the protection of human rights under antiterrorist policing policies. After reviewing various definitions of “terrorism” from both political and legal perspectives, this paper identifies six elements of “terrorism:” an activity inspired by ideological, ethnic, or religious motivations; an activity that involves the unlawful use or threat of use of violence; an activity that is a tactic designed to achieve the main goals of a group; the main activity of the group is not permitted by law; the activity threatens the life and property of people; and the activity is committed against random and innocent victims. The types, reasons, and aims of terrorism are distinguished between ideological (political, economic, and social), national (ethnic) aspirations, and religiously based goals. The vital principles underlying the legal policing against terrorist operations are the protection of society and individuals from terrorist attacks, as well as respect for and protection of human rights and the rule of law in the tactics used. The fundamental rights promoted under the European Convention for the Protection of Human Rights and Fundamental Freedoms are the rights to liberty and security, life, not to be exposed to tortures, and respect for family and private life. Also advocated are the freedoms of thought, conscience, and religion; expression; and assembly and association. This paper notes that European culture views terrorism as a type of crime, so there are no reasons to justify eliminating or compromising the rights guaranteed other criminals under national constitutional and international law. 13 references