UPDATE: A Research Guide to Cases and Materials on Terrorism
By Andrew Grossman
Andrew Grossman is a retired U.S. Foreign Service Officer who served in Seoul, Abidjan, London, Tehran, Algiers and Geneva. He holds the degrees of B.A. in Economics (Clark), LL.B. (Columbia), M.A. in L.I.S. (University College London) and of Licencié en droit européen et international, Maître & Docteur en droit (Louvain-la-Neuve) and is a member of the New York Bar. He lives in London, where he writes on private international law issues, especially in the fields of nationality and tax. Among his publications are "Conflict of Laws in the Discharge of Debts in Bankruptcy", 5 Int'l Insolvency Rev. 1 (1996), "Nationality and the Unrecognized State", 50 Int'l & Comp. L.Q. 849 (2001), "Birthright citizenship as nationality of convenience", Proceedings, Council of Europe, Third Conference on Nationality, Strasbourg, Oct. 11-12, 2004; and "'Islamic land': Group Rights, National Identity and Law", 3 UCLA J. Islamic & Near E.L. 53 (2004). His previous work in this series is "Finding the Law: the Micro-States and Small Jurisdictions of Europe". He recently completed research into conflicts in the cross-border collection of tax claims (including U.S. extraterritorial enforcement under FATCA) and has begun a project analyzing the limits of national autonomy in matters of nationality under European law.
Published September/October 2017
Table of Contents
- General Sources of Information: Comprehensive Sites, Archives, Lists
- Relevant Aspects of Law
- Criminal (Penal) Law
- Case Law: Selected Opinions
- Previous Terrorist Cases, Reports
- Prosecution in the USA Based on Violation of A Foreign Statute (Not Necessarily Terrorism-Related)
- Online Articles and Other Materials
- Selected Law Review Articles
- Conflict with Freedom of Speech
- Specific Instances
- Membership in Proscribed Organization
- Organized Crime
- Crimes Against Foreign Missions and Internationally Protected Persons
- Transportation Security
- Particular Human Rights Issues; Unintended Consequences
- Status and Immigration, Including Deportation Issues and Refugee Law
- Charity, Foundation, Eco-Terrorism Issues
- Money Laundering and the Financial Support of Terrorism
- Other Crimes
- Passive Support of Terrorists and Terrorism, "Glorifying" Terrorism
- "State Terrorism"
- The Nuremberg Trials and the Eichmann Case (Terror, Genocide as Instruments of Government Policy)
- International Tribunals
- Other "Universal Jurisdiction" Cases and Issues
- United States Cases
- United Kingdom Cases
- Afghanistan, Iraq, Syria; Geneva Convention Issues
- Saudi Arabia Issues
- Risk of War, Generally
- Religion and Terrorism
- Medical Preparedness and Bio-Terrorism
- Cases Addressing Selected Miscellaneous Legal Issues
- Counter-Terrorism and Human Rights
- Relevance of the Law of War, the Geneva Conventions
A bibliographic survey of the law relating to terrorism - even one that tries to avoid advocacy and argument, and perhaps even more so on account of that - exposes its author to criticism more than anything over definition and criteria for inclusion. Terrorism itself is a moving target: laws addressing it written by a fearful Establishment, its history written by the victors. Terrorist acts can be undertaken for all sorts of reasons or, conceptually at least, for none at all other than to promote anarchy or to express hatred. A purely criminal undertaking (as in extortion) is the least likely to threaten the wider public (such crime tends to be local or limited to particular ethnic groups) and it is also the easiest to deal with. Terrorist acts commonly arise out of grievance and frustration, real or imagined: religious, political, economic, personal. Terrorism, or the threat of terrorism, can involve weapons of mass destruction, or it can consist of measures of murder and mayhem, repression and intimidation directed at individuals, at a group or class, or at all the inhabitants of a region or state. While a dozen or more sectors of the law are pertinent to terrorism - some as cause, some as effect, some as impediment and some as punishment - historically, no law has been more successful than the mere passage of time in bringing it to an end. Terrorism and its companion, civil unrest, either bring revolutionary change and are then sanctified in a new national myth, or they fail and grievances either continue to fester or are overtaken by events.
It can come as no surprise that the political Establishment focuses on terrorism occurring at home, or targeting our friends. When it is by elements of one friendly state against others of our friends (Irish republicans against British and Irish nationalists; ethnic Greeks and ethnic Turks; Orthodox Slavs and Catholic Slavs) one may perhaps side with the group most like oneself. As in Monty Python's "The News for Parrots" a mishap may be seen as tragic only to the extent that it has an impact on ourselves, our group, our class. Motivation, expectation and allegiance may be such that there is no obvious solution: "justice" and "compromise" may prove mutually exclusive in a way ill understood by outsiders. Compromise and sacrifice may be unacceptable to those who, because they have wealth and prospects have the most to lose and also the most political influence. If those charged with combating terrorism fail to appreciate the real limits of their power, or if use the notion of a "war against terrorism" chiefly as a political expedient, the situation they claim to defuse may instead be worsened. Most sovereignty, if one goes back in time far enough, derives from conquest: under modern notions of international law conquest does not afford good title to land, but how many decades or centuries back must one's claim lie in order to be beyond repudiation? The application of legal norms - of the law - to terrorism is itself an expedient: and that's certainly true to the extent that the law's actors are not there to "do justice" but rather "to play the game according to the rules". It is, however, of the essence of the rule of law that those ruled by it accept its decisions.
One would do well to keep in mind the power of claims to vested interests and the ability of those who profit from them, however indirectly to garner support, to delay change and to prolong iniquity. But even an objectively fair offer in compromise may not put an end to facts and myths that draw support, active and tacit, for extremist solutions. There are few ethnic groups whose status and location are not the result of colonization, voluntary or forced movement and war. The treaties concluding the First World War, and the ensuing resettlements, the dissolution of the Ottoman Empire and the creation of states and zones of influence, lie behind many recent European and Middle East conflicts. Whether such historical facts will stimulate and support terrorism many years later depends on the existence of a survivor class from among the losing side, of a historical record, of myths, and of a culture that will sustain anger and violent action.
Western Europe, the United States and what is known as the "Old Commonwealth" deem themselves, and are demanded by others, to be pluralistic nations. Mazzini's unity of nation and commonality of nationality commonality of language, territory, ethnicity, culture, religion and history would violate modern notion of human rights - but only in those developed nations, target regions for migration by members of other cultures, mainly family members of previous migrants. The result is a bouleversement of what used to be known as "allegiance" (carried over into America and crystalized in the XIVth Amendment and discussed further below), and fears of a developing "fifth column". We have, however, been there before: quite apart from lessons of the Indian wars and of the civil rights movement, the Sedition Act, the language laws, the German American Bund cases, the Chinese exclusion and Japanese internment and expatriation and the Communist cases showed our fear of the "other", and our ability to postulate that this other threatened the well-being of the State. Civil and human rights to dissent, to associate, to sympathize with the enemy, real or perceived, have strengthened in the intervening years. The claim of the State to undivided loyalty of those who owe it "permanent" and "temporary" allegiance has weakened concomitantly.
The aim of "official" - i.e., sovereign, terrorism by those who have in law a monopoly of coercive force - is that of "shock and awe": the intimidation of all others by "benign terror". It is not clear that a modern, liberal state can accomplish this the way totalitarian and imperial rulers did and do still. One aim of private, political terrorism is to provoke officialdom to outrageous response and thereby to procure external support. Gandhian passive resistance may not be intended to provoke violent response; but if it does, the State, or the Establishment, has lost: Mississippi Burning. It may be assumed that public suicides such as the 1981 Northern Irish death fasts, the self-immolations in Vietnam and suicide-murders, as in Israel, Iraq, Afghanistan, Europe America. have as their goal public unease and political destabilization. Mass random killings may aim to provoke disproportionate responses and, gain perversely moral high ground. Once in power terrorists may become "statesmen", be forgiven their crimes and have the opportunity to rewrite history books to make of themselves national heroes. Victims may be marginalized, their private rights and interests subordinated to political and diplomatic expediency. The criminal law may be marginalized by pardon or by refusal to prosecute, as has happened in Northern Ireland. "Truth and reconciliation" through public witnessing happens only sometimes. Old animosities and remembrances of terror may be revived as new myths to support revived rivalries and justify genocide, as happened in the course of the breakup of Yugoslavia. Or they may be denied, suppressed as a matter of official policy: Armenians and Kurds in Turkey; the civil unrest in Cyprus, 1960-1974. Past and present terrorism may be ignored by other states - allies and commercial partners of the perpetrators - when it suits their political and economic interests. Generations that follow the beneficiaries of past terrorism have vested interests that are not easily ignored: children do not, as a rule, inherit the debts of their ancestors. In short, the law is secondary to politics and to diplomacy, pragmatism and expedience. Our investigation of case law will, therefore, be less than fully satisfying: these cases concern, in fact, countries where terrorism is, put in geographic and demographic scale, not a genuine threat to the political, social or economic system. And that is true however much of a public shame and political issue it has become, however much disquiet it may have spawned. Compare, for example, the cost of natural disasters and human error or negligence: the tsunami, hurricane Katrina, and Chernobyl.
The point of this survey is not so much to list sources - many of these could be found with a search engine and legal database; others by using some of the better bibliographic sites listed here. It is rather to provide some assistance in planning research and in formulating issues to address - to examine the range of issues and provide links, first to sources that are considered reliable and unbiased, then to specimen law cases and scholarly articles and, finally, to opinions and arguments not otherwise adumbrated which, even if they are in support of a particular agenda are coherent, plausible and forthright in their advocacy or apologia. Collected here are many of the major court cases involving terrorism and terrorists of the modern era, as well as a sampling of issues related to terrorism.
Whatever the researcher's focus, he or she might well begin by reading the Grotius lecture delivered at the British Institute of International and Comparative Law on November 13, 2003 by Judge Gilbert Guillaume.
Because of the relatively short life of many Web sites and links and the limited access to Anglo-American case law by students and researchers in other areas of the world, all the cases cited and many of the articles listed have been archived and should be accessible for some years. Many cases cited within those archived have also been archived and are linked. If access to an outside link is broken readers should try accessing them at Archive.org or searching for the document by title and document name in a search engine. JSTOR, which includes many law reviews and law-related journals, can be accessed at most university libraries and many larger public libraries, sometimes from home. HEIN Online. Westlaw and LexisNexis can be accessed by eligible users at most law libraries in the USA and some in other countries.
- EU Fight Against Terrorism
- International Committee of the Red Cross
- International Organization for Migration
- United Nations High Commissioner for Human Rights
- United Nations High Commissioner for Refugees
- "Terrorism Central"
- "Terrorism Research Center"
- Terrorisme.net (in French with some English)
- American Society of International Law Resources on Terrorism
- ASIL Electronic Information System
- Carnegie Endowment for International Peace
- Center on National Security at Fordham Law School (ISIS-related cases)
- Council on Foreign Relations
- Counter-Intelligence, Counter-Espionage, Counter-Terrorism (Australian site; many archived documents and articles)
- European Centre for Press and Media Freedom, Resource Centre, "Journalism is not terrorism"
- Martha Crenshaw, Center for International Security and Cooperation, Stanford University, Mapping Terrorist Organizations, Sept. 2010
- International Crisis Group
- Federation of American Scientists, Intelligence Resources Program (incl. "Terrorism Resources")
- Federation of American Scientists, Terrorism: Background and Threat Assessments
- Foundation for Defense of Democracies, Washington D.C.
- Havenworks (archive site; site has closed but can be retrieved at archive.org)
- Hoover Institution publications on terrorism; Adam Garfinkle ed., A Practical Guide to Winning the War on Terrorism (2004)
- Institute for Economics and Peace, Global Terrorism Index
- International Centre for Political Violence and Terrorism Research, Nanyang Technological University, Singapore
- International Centre for the Study of Radicalisation and Political Violence, King's College London: Report, Criminal Pasts, Terrorist Futures: European Jihadists and the New Crime-Terror Nexus - Rick Noack, "The thin line between Europe's criminals and militants", Washington Post, Oct. 11, 2016
- International Peace Institute, New York
- Jamestown Foundation Terrorism Monitor
- Jane's Terrorism & Insurgency Centre (proprietary site with some free material)
- Triangle Center on Terrorism and Homeland Security
- Terrorism in the Decade Since 9/11 (2012)
- Terrorism Cases Involving Muslim-Americans, 2014
- Legal Journals Index (UK): 284 articles mentioning "terrorism" and "international law" through 2006
- MIPT "Terrorism knowledge base"
- Muslim Public Affairs Council, Policy Report: Data on Post-9/11 Terrorism in the United States
- NYU Law School Center on Law and Security "Terrorist Trial Report Card" 2001-2006
- OECD Check-List of Criteria to Define Terrorism for the Purpose of Compensation (2004)
- Organization for Security and Co-operation in Europe (OSCE) Office for Democratic Institutions and Human Rights Legislation Online
- Pace University, Bibliography on Terrorism and International Law (2001)
- Peacemakers Trust (Canadian charity) bibliography
- Social Science Research Network
- SOS Attentats
- Syracuse University, TRAC Reports (Federal law enforcement and spending)
- Michael Schmidtt, Counter-Terrorism and the Use of Force in International Law, 79 Int'l L. Studies 7
- Washburn Law School: Legal journals index
- ABA Journal, articles related to terrorism
- British Journal of Criminology, articles on terrorism
- FCW, Federal (USG) technology journal, articles on terrorism
- Journal of Peace Research, The analytical study of terrorism
- Journal of Terrorism Research
- Perspectives on Terrorism
- Society for Terrorism Research, STR Journal
- Studies in Conflict and Terrorism (accessible as an e-journal at many university libraries)
- Terrorism: An Electronic Journal and Knowledge Base
- Terrorism and Political Violence
- Terrorism Research Initiative, 100 core and periphery journals for terrorism research
- Michael D. Banks, Addressing State (Ir-)responsibility: The Use of Military Force as Self-Defense in International Counter-Terrorism Operations, 200 Mil. L. Rev. 54 (2009)
- George D. Brown, Notes on a Terrorism Trial - Preventive Prosecution, "Material Support" and The Role of The Judge after United States v. Mehanna, 4 Harv. Nat'l Security J. 1 (2012)
- Laura K. Donahue, Terrorism Trials in Article III Courts, in Terrorism in the Justice System, 38 Harv. J.L. & Pub. Pol'y 105-143 (2015) - another site
- Jonathan Hafetz, Military Detention in the "War on Terrorism": Normalizing the Exceptional after 9/11, 12 Colum. L. Rev. 21 (2012)
- Official California Reports (LEXIS), free access
- Federation of American Scientists, Anti-Terrorism Authority Under the Laws of the United Kingdom and the United States
- Findlaw: "Terrorism"'
- OSCE Library
- RAND Database of Worldwide Terrorism Incidents 1968-2009
- Snowden Surveillance Archive
- Terrorism Research Center
- Terrorisme.net: collected materials relevant to terrorism (in French and English)
- University of Maryland Global Terrorism Database
- CIA FOIA database: "terrorism"
- Congressional Research Service
- FBI, Definitions of terrorism in U.S. Code
- Institute for Counter-Terrorism (Israel)
- Israel Ministry of Foreign Affairs, 2016 Cabinet terror communiqué
- National Military Strategy of the United States of America 2004
- U.S. Army Training and Doctrine Command, "A Military Guide to Terrorism in the Twenty-first Century" (2007)
- U.S. Dept of Homeland Security, Counter-terrorism laws and regulations
- U.S. Dept. of Justice, Office of the Inspector General, Report on the Mayfield case'
- U.S. Dept of State, Country Reports on Terrorism (annual)
- U.S. Dept of State, Foreign Terrorist Organizations (list)
- U.S. Dept of State, Patterns of Global Terrorism
- U.S. Government Accountability Office: reports related to terrorism
- Afua Hirsch, "The human rights of terrorists", Guardian, Sept. 11, 2001
- Globe and Mail Editorial: "Citizenship is a right, not a privilege, even for convicted terrorists", Globe and Mail, Sept. 28, 2015
- Souad Mekhennet and Joby Warrick, "For the 'children of ISIS,' target practice starts at age 6. By their teens, they're ready to be suicide bombers", Washington Post, October 7, 2016
- Robert Mendick, "Judges stop Theresa May deporting terror suspects", Daily Telegraph, May 7, 2016
- Somni Sengupta "Examining the U.N.'s Record on Urgent Global Challenges", New York Times, Sept. 19, 2016
- Smita Shama, "Kashmir unrest: Terrorism grossest violation of human rights, says India; rejects UNHRHC proposal", India Today, Sept. 13, 2016
- Carol J. Williams, "CIA torture report seen abroad as proof of U.S. human rights duplicity", Los Angeles Times, Dec. 9, 2014
And see in this context 1951 Refugee Convention, article 1F:
"The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that:
(a) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;
(b) he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee;
(c) he has been guilty of acts contrary to the purposes and principles of the United Nations."
and UNHCR, Note on the Exclusion Clauses EC/47/SC/CRP.29 (1997)
- UNHCR, HCR/GIP/03/05, Guidelines on International Protection: Application of the Exclusion Clauses: Article 1F of the 1951 Convention relating to the Status of Refugees (Sept. 4, 2003)
- U.S. interpretation: In re Q-T-M-T-, Respondent, U.S. Board of Immigration Appeals, Interim Decision $3300, File A71 458 610, New York, Dec. 23, 1996
- Law Library of Congress, Refugee Law and Policy (various countries)
It is not the aim to set out here all the possible crimes that may be charged in connection with a terrorist act, plot or campaign especially since new laws are being enacted in response to new outrages and so any such effort would be chasing a moving target. Existing law addresses arson, sabotage, murder and attempted murder, genocide, civil rights offenses, weapons offenses, conspiracy. New laws cover membership in and aid to scheduled organizations, but the list of such organizations is subject to administrative change and for the accused to prove termination of involvement with a newly-listed entity may be difficult. Recent cases address (in the USA) "support for terrorism or terrorist organizations" and (in Europe) "glorifying terrorism".
The full text of published opinions in major recent U.S. prosecutions may be accessed below. Within each opinion there are further links where judgments in cited cases are available online. Additional cases have been included below either for their notoriety or for their explanatory value. Sections that follow address legal issues peripheral to terrorism. Most of the case law here is from the USA the UK, Canada, Australia and New Zealand. The researcher may want to search the European Court of Human Rights database and some of the country-specific sites listed below. Some non-US jurisprudence can be examined indirectly by looking at the US, UK and Canadian cases appearing in the sections on extradition and on refugee law.
Terrorism tends to be cyclical. Researchers will do well to start with the early sedition acts and review the concept of allegiance as it has changed over two centuries. For the USA, the obligations of allegiance are, besides loyalty: payment of taxes, fulfillment of military service upon conscription, and provision of information upon subpoena.
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (post 9/11 case: senior government officials not liable for certain actions of subordinates)
- Center for National Security Studies v. U.S. Department of Justice, 331 F.3d 918 (Nov. 18, 2002) (secrecy with regard to the identity of persons detained following 9/11 attacks)
- Mati Gill v. Arab Bank Plc, 893 F.Supp.2d 474 (E.D.N.Y. 2012) ("Arab Bank Facts" Web site with documents and defensive arguments
- Hamdi v. Rumsfeld, 243 F.Supp.2d 527 (E.D.Va. 2002), 296 F.3d 278 (4th Cir. 2002), both reversed by: 316 F.3d 450 (4th Cir. 2003); judgment vacated by: 542 U.S. 547 (2004); on remand: 378 F.3d 426 (4th Cir. 2004) (nationality issue, enemy combatant)
- Holder v. Humanitarian Law Project, 561 U.S. 1 (2010) (material support for terrorism, foreign terrorist organization)
- Humanitarian Law Project v. U.S. Dep't of Justice, 393 F.3d 902 (9th Cir. 2004); on remand 380 F.Supp.2d 1134 (C.D. Cal. 2005) (statutory definition of terrorism)
- In re Islamic Republic of Iran Terrorism Litigation, 659 F.Supp.2d 31 (2009); Copy of Docket (from PACER and RECAP). There have been numerous cases relating to jurisdiction and liability of the Iranian Government for acts of terrorism including the Khobar Towers bombing (Estate of Michael Heiser v. HSBC Bank USA, 2014 U.S. Dist. LEXIS 162373 (summary judgment denying judgment creditors' attempt to attach blocked funds)
- Mustafa Kamal Mustafa ("Abu Hamza") cases (via bailli.org)
- In re People's Mojahedeen of Iran, 630 F.3d 832 (D.C. Cir. 2012)
- United States v. Bin Laden, 91 F.Supp.2d 600 (S.D. N.Y. 2000); 92 F.Supp.2d 225 (S.D. N.Y. 2000); 109 F.Supp.2d 211 (2000)
- United States v. Ali Asad Chandia, 395 Fed. Appx. 53 (4th Cir. 2010), remanding for resentencing
- United States v. El-Hage, 213 F.3d 74 (2d Cir. 2000)
- United States v. Faris, 388 F.2d 452 (4th Cir. 2004), vacated and remanded, 125 S.Ct. 1637 (2004), conviction and sentence affirmed, 2005 U.S. App. LEXIS 29066, 2005 WL 3556095 (4th Cir. 2005)
- United States v. Fortier, 242 F.3d 1224 (10th Cir. 2001) and see: Ralph Blumenthal, "Release of Oklahoma City Bombing Figure Kindles Fears", N.Y. Times, Jan. 19, 2006
- United States v. Haouari, 2001 WL 1586676 (S.D.N.Y.) (denial of motion for new trial)
- United States v. Lindh, 212 F.Supp.2d 541, 574 (E.D.Va.2002)
- United States v. McVeigh, 153 F.3d 1166 (10th Cir. 1998)
- United States v. Nichols, 169 F.3d 1255 (10th Cir. 1999)
- United States v. Rahman, 189 F.3d 88 (2d Cir. 1999)
- United States v. Reid, 214 F.Supp.2d 84 (D. Mass. 2004), aff'd 369 F.3d 619 (1st Cir. 2004)
- United States v. Salimeh, 152 F.3d 88 (2d Cir. 1998), 261 F.3d 271 (2d Cir. 2001)
- United States v. Sattar, 272 F.Supp.2d 348 (S.D.N.Y.2003); United States v. Sattar, 314 F.Supp.2d 279 (S.D.N.Y.2004); United States v. Sattar, 395 F.Supp.2d 79 (S.D.N.Y. 2005) (conviction of lawyer for Rahman); further documents on Lynne Stewart site and on Cryptome.org
- United States v. Yousef, 327 F.3d 56 (2d Cir. 2003)
- United States v. Afshari, 426 F.3d 1150 (9th Cir. 2003) (assistance to Mujahedin-e Khalq)
- In re Application under s. 83.28 of the Criminal Code,  2 S.C.R. 248 (Can.) (sabotage of Air India Flight 182)
- R. v. Ribic, 2003 FCA 246, 185 C.C.C. (3d) 129 (F.C.A. 2003) (Canadian citizen prosecuted for terrorist activities in support of ethnic Serbs in Bosnia)
- R (ex rel. Kurdistan Workers' Party) v Home Secretary,  EWHC Admin 644 (Eng.) (defining "terrorism" and "terrorist organization"
- R (Gillian) v Comr of Police of Metropolis,  EWCA Civ. 1067,  Q.B. 388 (C.A.) (random stop-and-search by police for "articles of terrorism")
- Raed Salah Mahajna v. Home Secretary,  UKUT B1 (IAC) (deportation; hate speech, glorification of terrorism)
- N2 v. Home Secretary, SC/125/2015 (Dec. 1, 2016) (asylum denial; glorification of terrorism)
- Home Office v. Tariq,  UKSC 35 (compatibility with EU and human rights law of secrecy in civil service recruitment)
- Averill v. United Kingdom  E.C.H.R. 212, European Court of Human Rights: rights of persons (particularly those charged with terrorist offenses) upon arrest
- Also see Canlii Connects, "Canada's Terrorism Laws Stand: R v Khawaja and the Constitutionality of Criminalizing Terrorism" and R. v. Khawaia, 2012 SCC 69,  3 SCR 555
- "Police Break Up Suspected Bomb Plot in Brooklyn", New York Times report, Aug. 1, 1997
- "Suspects in Bomb Plot Took Two Paths from the West Bank", New York Times report, Aug. 3, 1997 (Planners of subway bombing, "more aimless than ardent", not part of any broad organized conspiracy)
- Discussion of the Front de Libération de Québec (in French)
- Discussion: Movimiento Independentista Revolucionario Armado (MIRA)
- New York Times, May 21, 2002: FBI director warns "Suicide Attacks Certain in U.S."
- Puerto Rico: United States v. Rodriguez, 803 F2d 318 (7th Cir. 1986) (FALN)
- Quebec: R. v. Vallieres,  4 C.C.C. 69 (Que. Q.B. App. 1969) (murder)
- R. v. Cossette-Trudel, 11 C.R. (3d) 1, 52 C.C.C. (2d) 352 (Que. C.S.P. 1979) (kidnapping of foreign diplomat; sentencing issues)
- UN Special Committee on Decolonisation, Secretary-General's Reports
- United States v. Rosado, 728 F.2d 89 (2d Cir. 1984) (due process issues; citing other cases)
- USDOJ, Bombs in Brooklyn: "How the Two Illegal Aliens Arrested for Plotting to Bomb the New York Subway Entered and Remained in the United States" (March 1998)
- United States v. McNab, 331 F.3d 1228 (11th Cir. 2003) (criminal conviction in the U.S. based on a determination by the U.S. court that defendant violated a law of another country)
- United States v. Miller, 26 F.Supp.2d 415 (N.D.N.Y. 1998) (Canadian customs and excise fraud; money laundering)
- United States v. Pasquantino, 336 F.3d 321 (4th Cir. 2003, aff'd 544 U.S. 349 (2005) (Canadian customs and excise fraud, alcohol)
- United States v. Trapilo, 130 F.3d 547 (2d Cir. 1997) (Canadian customs and excise fraud, tobacco)
- Compare: United States v. Bean, 537 U.S. 7 (2002) (denial of firearms license based on Mexican conviction, reversing 253 F.3d 234 (5th Cir. 2001))
- Albert Bandura, Mechanisms of Moral Disengagement in Terrorism (1990)
- Australia, Commonwealth Director of Public Prosecutions, Counter Terrorism prosecutions
- Bank for International Settlements, General guide to account opening (2016), Annex to "Guidelines: Sound management of risks related to money laundering and financing of terrorism"
- Anthony J. Colangelo, A Unified Approach to Extraterritoriality, 97 Va.L.Rev. 1019 (2011)
- Lisa Daniels, Prosecuting Terrorism in State Court, Lawfare (Oct. 2016)
- Akbar Ganji, The Responsibility of Ayatollahs and Muftis for Terrorism, The World Post, Dec. 15, 2015
- Human Rights Watch, U.S.: Terrorism Prosecutions Often an Illusion: Investigations, Trials of American Muslims Rife with Abuse (2014)
- Library of Congress Research Studies: "Terrorism and Crime"
- Max-Planck Institute for Foreign and International Criminal Law, Web portal
- T. O'Connor, North Carolina Wesleyan College, "The Criminology of Terrorism: History, Law, Definitions, Typologies"
- Ezekiel Rediker, The Incitement of Terrorism on the Internet: Legal Standards, Enforcement, and the Role of the European Union (2015)
- Religious incitement and its theological background: see Tim Rutton, "Drawn into a Religious Conflict", Los Angeles Times, Feb. 4, 2006
- David Scheffer, Options for Prosecuting International Terrorists, United States Institute of Peace Special Report (Nov. 2001)
- Stephen J. Schulhofer, Prosecuting Suspected Terrorists: The Role of the Civilian Courts, 2 J. of the ACS Issue Groups 63 (2008)
- U.K. Crown Prosecution Service, Counter-Terrorism Division, "Successful prosecutions since the end of 2006"
- U.S. Department of Justice, Criminal Resource Manual 9-91.100: Providing "material support" for terrorists (2001)
- U.S. House Permanent Select Committee on Intelligence. Worldwide Threat Assessment of the US Intelligence Community (Feb. 2016)
- Robert Verkaik, The Trials of Babar Ahmad: from Jihad in Bosnia to a US prison via Met brutality, The Observer, March 19, 2016 (extradition of suspect to the USA when he could not be tried in the UK; payment to him by the Met Police in 2009 of damages)
- Christian Walter, Defining Terrorism in National and International Law
- Innocent Maja, Defining International Terrorism in Light of Liberation Movements, GlobaLex (July 2008)
- Law Society Gazette: Changes to extradition law (2014) - archived copy
- Reuven Young, Defining Terrorism: The Evolution of Terrorism as a Legal Concept in International Law and Its Influence on Definitions in Domestic Legislation, 29 Boston Coll. Int'l & Comp. L.Rev. 27 (2006)
- Asma T. Uddin and Haris Tarin, Rethinking the "Red Line": The Intersection of Free Speech, Religious Freedom, and Social Change, Brookings U.S.-Islamic World Forum Papers, November 2013
- Bibi van Ginkel, Prosecuting Foreign Terrorist Fighters: What Role for the Military?, International Centre for Counter-Terrorism, The Hague (May 2016)
- Stacey Wright, The Difficulties in Terrorism Prosecution, S.J. Quinney College of Law, University of Utah (Nov. 2014)
- Imran Awan, The Problem with Defining Terrorism and the Impact on Civil Liberties - Britain is Beginning to Create a Monster with Large Claws, Sharp Teeth and a Fierce Temper?, 1 J. of Politics and Law 2 (2008)
- Sahar F. Aziz, Caught in a Preventive Dragnet: Selective Counterterrorism in a Post 9/11 America, 47 Gonz. L. Rev. 429 (2011)
- Daphne Barak-Erez, Terrorism Law between the Executive and Legislative Models, 57 Am.J.Comp.L. 877 (2009)
- Erik Bleich, The Rise of Hate Speech and Hate Crime Laws in Liberal Democracies, 37 J. Ethnic & Migration Stud. 917 (2011)
- Robert F. Blomquist, The Jurisprudence Of American National Security Presiprudence, 44 Val. U. L. Rev. 881 (2010) (executive power and national security)
- Ahawn Marie Boyne, Free Speech, Terrorism, and European Security: Defining and Defending the Political Community, 30 Pace L. Rev. 417 (2010)
- Alan Clarke, Terrorism, Extradition and the Death Penalty, 29 William Mitchell L.Rev. 783 (2003)
- Tiberiu Dragu and Mattias Polborn, The Rule of Law in the Fight against Terrorism, 58 Am.J.Pol.Sci. 511 (2014)
- S. Chehani Ekaratne, Redundant Restriction: The U.K.'s Offense of Glorifying Terrorism, 23 Harv. Human Rights J. 206 (2010)
- Mohamed R. Hassanien, International Law Fights Terrorism in the Muslim World: A Middle Eastern Perspective, 36 Denv. J. Int'l L. & Pol'y 221 (2008)
- Jacqueline S. Hodgson and Victor Tadros, The Impossibility of Defining Terrorism, 16 New Crim. L. Rev. 495 (2013)
- Caleb Holzaepfel. Can I Say That?: How an International Blasphemy Law Pits the Freedom of Religion Against the Freedom of Speech, 28 Emory Int'l L. Rev. 597 (2014)
- Jordan J. Paust, Antiterrorism Military Commissions: Courting Illegality, 23 Mich. J. Int'l L. 1 (2001)
- Antje C. Petersen, Extradition and the Political Offense Exception in the Suppression of Terrorism, 67 Indiana L.J., Iss. 3, Article 6 (1992)
- Adam Tomkins, Criminalizing Support for Terrorism: A Comparative Perspective, 6 Duke J. of Const. L. & Pub. Pol. 80 (2010)
- Alexander Tsesis, Inflammatory Speech: Outrage Versus Intimidation, 97 Minn. L. Rev. 1145 (2013)
- Scott Shane & Adam Goldman, "Extremist imam tests F.B.I. and the limits of the law", N.Y. Times, Sept. 30, 2016
- Flemming Rose, "Denmark sacrifices freedom of speech in the name of fighting terror", Politico.eu, May 12, 2016
- Richard Bernstein, "What is free speech, and what is terrorism?", N.Y. Times, Aug. 14, 2005
- Benjamin Kachuriner, Fighting the War on Terror With Words: A Comparative Study of Anti-Terror Legislation and Its Impact on Free Speech and Free Exercise of Religion Rights (unpublished paper, Seton Hall University)
- Paul Marshall, "Blasphemy and free speech", Imprimis, vol. 41, No. 2, Feb. 2002
- Sayed Aqeel Hussain, "Is there freedom of speech in Islam?", Kashmir Observer, March 18, 2016
How terrorism issue can and will be dealt with is dependent upon political and diplomatic issues: whether the incident or movement represents a domestic threat or a threat to trade, investment or other vital national interests. Executive and legislative action may or may be logical and proportionate. Terrorism that is far away and unlikely to impinge on domestic interests escapes the popular imagination, whereas a single terrorist act close to home may unleash irrational fear and disproportionate response. Product tampering is a case in point:
- Product tampering by way of extortion, in general
- Mercury in Israeli oranges (PDF) (PLO)
- Cyanide in Chilean grapes (PDF) (Manuel Rodriguez Patriotic Front and Leftist Revolutionary Front)
Not far removed from this sort of terrorism is public panic over disease, however remote the actual danger of infection at the time: BSE, avian influenza, smallpox, anthrax. The political search for a scapegoat and a plausible solution are well illustrated by the anthrax cases; but these also demonstrate the propensity of the press to fan hysteria and, indeed, to spur the authorities to action that may be out of proportion to facts and to risk: Hatfill v. New York Times Co., 416 F.3d 320 (4th Cir. 2005). See also Pennekamp v. Florida, 328 U.S. 331 (1946) (reversing contempt conviction of newspaper editor and publisher following publication of editorials critical of the administration of justice in local courts; citing Campbell v. New York, 186 Misc. 586, 62 N.Y.S.2d 638 (Ct. Cl. 1946) as a quintessential miscarriage of justice case.). The recruitment of public fear and outrage seems to blur the meaning and significance of "reasonable doubt" and make miscarriage of justice more likely; once obtained, the fact that affirmance of a conviction serves to underpin the reputation and integrity of the legal system and the positions of those in power hinders serious consideration of justice. In the United States, the assumption is that executive clemency can be used to resolve the tragedy of miscarriage of justice. Such a remedy is, however, made uncertain by the opposition of some prosecutors to the reopening of cases even for the examination of existing DNA evidence, and the obstacles standing in the way of clemency proceedings and to appeals. On prosecutorial misconduct, see, e.g., Jerry Markon and Timothy Dwyer, "Federal Witnesses Banned in 9/11 Trial", Washington Post, Mar. 15, 2006, p. A01.
It is both simplistic and dangerous to cite as the "root cause" of terrorism a single contemporary movement. Criticizing "liberals" for refusing to label "radical Islamic terrorism" as such a cause is unhelpful, according to diplomats and scholars, but it is fashionable among some politicians including President Trump. This is true if only because Political Islam has been distinguished from Islam as a religion. Racial and ethnic profiling as such are anti-democratic, yet without being used as epithets or offending privacy or civil rights are of obvious use in intelligence matters. Keywords have an obvious function in communications monitoring. What risk does right-wing populism, on the rise in many countries, have for legislation, prosecution and diplomatic response to terrorism? Terrorism, after all, takes many forms:
The Risk of Radiological Terrorism is Undiminished:
- Graham Allison, Nuclear Terrorism: The Ultimate Preventable Catastrophe (2005)
- Louis René Beres, On International Law and Nuclear Terrorism, 24 Ga. J. Int'l & Comp. L. 1 (1994)
- Bulletin of the Atomic Scientists, What Does "Nuclear Terrorism" Really Mean? (2016)
- Leah Litman, Cleaning House - Dirty Bombs and the Nuclear Non-Proliferation Treaty, 25 Harv. Intl'l L. Rev. #1092 (2003)
- The Goiânia (Brazil) incident
- Jeffrey Goldbert, "The Ghost of Purim Past" N.Y. Times, Mar. 14, 2006 (Iranian threat against Israel).
- Testimony of Dr. Henry Kelly, President, Federation of American Scientists, before the Senate Committee on Foreign Relations, March 6, 2002
- Jon J. Klein, Deterring and Dissuading Nuclear Terrorism, 5 J. Strategic Security 15 (2012)
- NATO Review Magazine, Could ISIL Go Nuclear? (2015)
- Nuclear Threat Initiative, Washington, DC
Chemicals agents that have been used as instruments of terror include sarin:
- Chronology of incidents 1950-2005 (PDF)
- Public health issues (CDC)
- Cornell University
- Medical issues (via archive.org 2004)
- British schoolchildren using acid and ammonia as weapons
- A history of weapons of terror: chemical and biological
Some court judgments thus far on ricin-related incidents have bordered on the bizarre:
- United States v. Mettetal, 2005 WL 310804 (D.C. W.Va.) and related references cited and linked within that document. The case of Mohammed Meguerba and other Algerians acquitted of a ricin plot in Britain has been before the courts again in relation to orders for their deportation: R. v. Bourgass,  EWCA Crim. 1943,  All E.R. (D) 254 (Jul.); more on Bourgass.
- Nigel Morris. "Algerian cleared of 'ricin plot' fears torture at home"', Independent, Feb. 25, 2006.
- Compare: Special Immigration Appeals Commission, K v. Home Secretary
- (July 12, 2004); Matter of Applications for Bail (Dec. 16, 2005)
Popular imagination, and the political establishment close behind, have on occasion given human and constitutional rights little priority when they perceive a threat to the status quo, to vested interests, or to society and the State. Aside from immigration, naturalization and deportation cases see:
- In re the Canadian Citizenship Act and in re Jensen,  2 F.C. 665, 67 D.L.R. (3d) 514 (Jehovah's Witness's refusal to swear oath) and
- In re Petition for Naturalization No. 8314 Mahmoud Kassas, 788 F.Supp. 993 (M.D. Tenn. 1992) (naturalization refused to petitioner who would not "bear arms against an Islamic country")
Membership, or deemed membership, in specific subversive organizations has often had severe consequences under immigration law and, more recently, anti-terrorism law.
- R v Z (A-G for NI's Reference),  2 A.C. 645 (IRA and similar organizations)
- Sheldrake v. D.P.P.,  1 A.C. 364 (Hamas)
- MM & GY & TY v. Secretary of State for the Home Department,  EWHC 3513 (Admin) (spouse and adult children of terrorist denied naturalization: held unlawful exercise of discretionary power). Discussed at United Kingdom Immigration Law Blog.
- Pham v. Secretary of State for the Home Department,  UKSC 19 (Terrorism, Deprivation of Citizenship and Statelessness). United Kingdom Immigration Law Blog discussion.
- and see other Law Blog case discussions
- Abrams v. United States, 250 U.S. 616 (1919) (anarchists)
- Pennsylvania v. Nelson, 350 U.S. 497 (1955) (supremacy of federal sedition act over state law)
- Schneiderman v. United States, 320 U.S. 118 (1943) (denaturalization of communist)
- United States v. Baeker, 55 F.Supp. 403 (E.D. Mich. 1944) (German-American Bund)
- People's Mojahedin Organization of Iran v. U.S. Dept. of State, 182 F.3d 17 (D.C. Cir. 1999) (designation as terrorist organization)
- Rothstein v. UBS AG, 708 F.3d 82 (2d Cir. 2013) (bank's supply of cash to Iran not a proximate cause of Hamas terrorism)
- In re S-K, Respondent, 23 I&N Dec. 936 (BIA 2006) (denial of application for asylum)
24 I&N Dec. 289 (BIA 2007)
24 I&N Dec. 475 (BIA 2008)
Political terrorists, such as the IRA and offshoots, and the Protestant militias of Northern Ireland, are addressed elsewhere. Nonpolitical criminal gangs are mentioned here for the sake of completeness. The kidnapping for ransom by terrorist and insurgent groups of individuals, especially foreigners (as in Iraq and Colombia), is scarcely new.
Specimen cases discussing terrorism in the context of organized crime:
- European Community v. RJR Nabisco, Inc., 150 F.Supp.2d 456 (E.D.N.Y. 2001) (citing other cases, with links), aff'd 424 F.3d. 175 (2d Cir. 2005) (whether an action in civil RICO can lie against persons complicit in smuggling and tax evasion). For additional discussion of Supreme Court jurisprudence and imitations on the scope of civil RICO see, e.g., Illinois Department of Revenue v. Phillips, 771 F.2d 312 (7th Cir. 1985) and CIB Bank v. Esmail, 2004 WL 3119027 (N.D. Ill.)
- United States v. Bonanno Organized Crime Family, 879 F.2d 20 (2d Cir. 1989)
- United States v. Escobar, 842 F.Supp. 1519 (E.D.N.Y. 1994) (Colombian drug cartel)
- David E. Kaplan, "Paying For Terror: How jihadist groups are using organized-crime tactics-and profits-to finance attacks on targets around the globe", U.S. News & World Report, Dec. 5, 2005
- Ethnic gangs, preying largely, or initially, on their own ethnic group but expanding overseas following deportations and beyond their ethnicity at home, constitute a particular source of terrorism. Thus, "Mara Salvatrucha", MS-13: Wikipedia; Dan Eggen, "Customs Jails 1,000 Suspected Gang Members"', Washington Post, Aug. 2, 2005, p. A02. The group loyalty issue, transcending national borders and displacing allegiance to the State, has certain similarities to that in religious-based aggression and terrorism. See: United States v. Rivera, 412 F.3d 562 (4th Cir. 2005) (murder convictions affirmed); Lopez-Soto v. Ashcroft, 383 F.3d 228 (4th Cir. 2004) (asylum refused)
- International Association for the Study of Organized Crime
- Jamestown Foundation, "Tangled Webs: Terrorist and Organized Crime Groups" (Jan. 2006)
- Library of Congress, "Nations hospitable to organized crime and terrorism" (Oct. 2003)
- Library of Congress, "Terrorist and Organized Crime Groups in the Tri-Border Area" (South America) (Jul. 2003)
Demonstrations, sometimes violent, against foreign missions, have been a mainstay of popular protests. It is said that the takeover of the American Embassy in Tehran on November 4, 1979 was unexpected even by the demonstrators who succeeded in overrunning it. There had been a similar demonstration only days before which had been diffused by the local police. Perhaps, like Master Sergeant Samuel K. Doe when he overran the presidential palace in Monrovia on April 12, 1980, their success was accidental, attributable to security errors and failings. As with many crimes, happenstance is a major element of terrorist "success". It is easy for any government and any law enforcement agency to claim "progress" in combating terrorism because so many conspiracies fail or are diffused in the course of planning or in the early stages of execution and before even coming to official notice. Those that succeed can have unintended, or at least unexpected, consequences, no less than in the assassination of the Archduke Franz Ferdinand on June 28, 1914. Cited below are a few notable documents and recent judgments regarding crimes on internationally protected persons. The Erdos case (below) and the 1974 kidnapping and death of U.S. vice consul John S. Patterson, for which Bobby Joe Keesee was convicted of conspiracy and served time in prison, increased U.S. pressure for additional domestic and international legal protections for diplomatic and consular staff.
- Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons (1977)
- 18 U.S.C. §1116, Murder or manslaughter of foreign officials, official guests, or internationally protected persons
- United States v. Bin Laden, 93 F.Supp.2d 484 (S.D.N.Y. 2000), 109 F.Supp.2d 211 (S.D.N.Y. 2000) (bombing of U.S. embassies in Nairobi and Dar es Salaam; related opinions are cited and linked within these two)
- United States v. Erdos, 474 F.2d 157 (1973); Jordan J. Paust, Non-Extraterritoriality of "Special Territorial Jurisdiction" of the United States: Forgotten History and the Errors of Erdos, 24 Yale J. Int'l L. 305 (1999); background to the case: Chris Erdos, Heart of Darkness, Foreign Service Journal, April 2008; Association for Diplomatic Studies and Training, Murder in an Embassy, Part I - "I am not losing my mind"
- R (on the application of Nejad) v. Home Secretary,  EWCA Civ. 33 (1983 Iranian embassy siege)
- R. v. Cossette-Trudel, 11 C.R. (3d) 1, 52 C.C.C. (2d) 352 (Que. C.S.P. 1979) (kidnapping of foreign diplomat by FLQ)
- United States Diplomatic and Consular Staff in Tehran (United States v. Iran), ICJ, (1979)
See also the case of the "November 17" Greek anarchist-terrorists who assassinated foreign diplomats.
- Passenger Name Record (PNR)
- European Commission, Transfer of Air Passenger Name Record (PNR) Data and Terrorist Finance
The tension found in the law of refugee status (see below) is also found here: whether a terrorist or a supporter of an organization that conducts terrorist activities should be granted rights that he or she would not allow to others. Taking this issue further is the question of the right of an entire people or nation to vote into office via a democratic election a government that scorns democracy and will violate of human rights, engage in state or state-sponsored terrorism, end democracy and perhaps install a theocratic state. Past interference by foreign governments in the affairs of other countries, Iran and Chile for example, have not been happy ones. A few cases relevant to this issue appear on this page; the researcher may also want to review the International Court of Justice Web site.
The application of anti-terrorist law in situations not obviously considered by the legislature during its passage has a parallel in the wide-ranging use of RICO and tax evasion charges to combat not only organized crime but small-scale drug smuggling and evasion of foreign customs duty and excise taxes, discussed elsewhere on this page. Other current administrative and executive issues include the centralization of power in the Executive; eavesdropping on domestic, or partly domestic, communications; and "racial profiling" as a counter-terrorism law-enforcement tool. These issues may be researched in newspaper databases.
- Office of the United Nations Commissioner for Human Rights
- Amnesty International USA, "Security and Human Rights"
- Cathy Gilsinan, "The Geography of Terrorism", The Atlantic, Nov. 18, 2014
- Syllabus and course assignments of Prof. Frederick P. Hitz, University of Virginia Law School, Fall 2016: "Anti-Terrorism, Law, and the Role of Intelligence"
- Source Watch, Center for Media and Democracy, "War on Terrorism"
- Markkula Center for Applied Ethics, "Racial Profiling in the Age of Terrorism"
- POLITICO (Europe), "Terrorism"
- Martin Bright, "Katharine Gun: Ten Years on what happened to the woman who revealed dirty tricks on the UN Iraq war vote?" (GCHQ whistleblower case), Guardian, March 7, 2013
- Mary De Ming Fan, The Immigration-Terrorism Illusory Correlation and Heuristic Mistake, 10 Harv. Latino L.Rev 33 (2007)
- Ali Khan, A Theory of International Terrorism, 19 Conn. L. Rev. 945 (1987)
- William K. Lietzau, "Old Laws, New Wars: Jus ad Bellum in an Age of Terrorism", 8 Max Planck UNYB 384 (2004)
- Stephen P. Marks, International Law and the War on Terrorism: Post 9/11 Responses by the United States and Asia/Pacific Countries, 14 Asia Pacific L. Rev. 43 (2006)
- Anne-Marie Slaughter and William Burke-White, "The Future of Law: Protecting the Rights of Civilians", 24 Harv. Int'l Rev. (2002)
- New York University Law School, Center on Law and Security, Publications
- European Journal of International Law, (vol. 14, issue 2., 2003), Symposium: 'A War Against Terrorism', Table of Contents and links to full text of all articles
- In re Sealed Case No. 02-001, 310 F.3d 717 (Intel. Surveillance Ct. of Review 2002)
- Council on Foreign Relations webcast, "The Law of War in the War on Terrorism" (2005)
- James Bamford, "The Agency That Could Be Big Brother", N.Y. Times, Dec. 25, 2005 and subsequent articles by this author in various publications, thus:
- James Bamford, "Every Move You Make", Foreign Policy, Sept. 7, 2016 - Archived copy ("Over eight years, President Barack Obama has created the most intrusive surveillance apparatus in the world..")
- Wikipedia: GCHQ
- Wiretaps and dissent: "In 1971, stolen FBI files exposed the government's domestic spying program", Los Angeles Times, Mar. 8, 2006
- Web search: "Cyber warfare and cyber terrorism"
- and see Lech J. Janczewski & Andrew M. Colarik, Cyber Warfare and Cyber Terrorism (Premier Reference)
- Suzanne Goldenberg, "Terrorism law used on Vegas 'vice lord'", Guardian, Nov. 7, 2003
- Michelle Garcia, "N.Y. Using Terrorism Law to Prosecute Street Gang", Washington Post, Feb. 1, 2003, p. A03
- Walter Pincus and Dan Eggen, "325,000 Names on Terrorism List", Washington Post, Feb. 15, 2006, p. A01
- The Guardian: Special report, attack on London, "The terrorist who wasn't", Mar. 8, 2006 (de Menezes case - problem of pressure on the police resulting in tragic errors) - With links to other reporting on the London bombing and other terrorism incidents.
- Anthony Faiola, "Racial profiling seems to be a weapon in Europe's war on terrorism"
- Nicola Abé, "A Terrorist, a Killing and the Search for Justice", Der Spiegel International, Oct. 19 2016 (Killing of Palestinian prisoner by Israeli soldier)
- Doug Linder, An Introduction to the My Lai Courts-Martial, University of Missouri-Kansas City
- James F. Gebhart, The Road to Abu Ghraib: US Army Detainee Doctrine and Experience, Combat Studies Institute Press (2005)
- Robert Mendick, "Almost all Iraq abuse claims against British troops are 'baseless', admits Attorney General", Daily Telegraph, Oct. 19, 2016, (print version, Oct. 20, p. 11)
- Cahal Milmo, "Sgt Alexander Blackman: The case for and against the Royal Marine who murdered a wounded, unarmed Taliban fighter", Independent, Sept. 18, 2015
- Jonathan Owen, "British soldiers could face prosecution for crimes committed during Iraq conflict, investigators confirm", Independent, Jan. 1, 2016
It is an irony of refugee law that persecuted dissenters are entitled to protection both from the enemies and the friends of the state of refuge, subject only to Art. 1(f) and 33 of the 1950 Refugee Convention. The Doherty case and others involving prison escapees and Irish republicans wanted for violent crimes led to a revision of the U.S.-U.K. extradition treaty that sharply limited grounds for refusing extradition. This treaty, not yet ratified by the United States but effectively implemented by Britain, can have perverse results, as in the Bermingham, Mulgrew & Darby case. There a decision by the British authorities not to prosecute the accused for their actions in the U.K. while employed by a U.K. Bank made them subject to extradition to the United States. See also the Feb. 24, 2006 judgment in the Norris case, below.
- In re Castioni,  1 Q.B. 149 (offense of a political character)
- In re Meunier,  2 Q.B. 415 (offense of a political character)
- R (Al-Fawwaz) v Brixton Prison Governor,  UKHL 69,  1 A.C. 556
- R. v. Home Secretary, Ex p. Puttick,  Q.B. 767 (naturalization issue; marriage under fictitious name of former terrorist); also  Fam. 1
- Nadarajah v. Gonzalez, 2006 U.S. App. LEXIS 6615, 2006 WL 686385 (9th Cir.) (Tamil Tigers)
- Ahmad v. Wigan, 726 F.Supp. 389 (E.D.N.Y. 1989), aff'd 910 F.2d 1063 (2d Cir, 1990) (Abu Nidal terrorist group)
- In re Extradition of Marzook, 924 F.Supp. 565 (S.D.N.Y. 1996) (Hamas)
- INS v Doherty, 502 U.S. 314 (1992), reversing 908 F.2d 1108 (2d Cir. 1990) (IRA)
- United States v. Corbin Thomas, 10-2866 (3rd Cir. 2013) - 2009 judgment
- United States v. Demjanjuk, 612 F.Supp. 544 (N.D. Ohio 1985); United States v. Demjanjuk, 367 F.3d 623 (6th Cir. 2004); United States v. Demjanjuk, 128 Fed.Appx. 496 (6th Cir. 2005) (Nazi death camp guard)
- United States v. Shi. 525 F.3d 709, cert. denied, 129 S.Ct. 324 (2008) (Conviction of a Chinese national for acts of violence on board a Taiwanese-owned, Seychelles-flagged, Chinese-crewed vessel in the middle of the Pacific Ocean) Discussion: 103 Am.J.Int'l.L. 745 (2009)
- Ahani v. Canada,  1 S.C.R. 72 (Iranian terrorist), and see:
- Ahani v Canada (1051/2002) Court of Appeal of Ontario: 58 O.R. (3d) 107 (Aug. 2, 2002)
- Human Rights Committee: CCPR/C/80/D/1051/2002 (June 15, 2004), (2004) 11 I.H.R.R. 941; (2004) 39 E.H.R.R. SE12; Human Rights International comment
- Suresh v. Minister of Citizenship and Immigration,  2 F.C. 592, reversed  1 S.C.R. 3 (Tamil Tigers)
- United States v. Dynar,  2 S.C.R. 462 (extradition to USA for alleged money laundering offense committed in Canada)
- Ward v. Attorney-General of Canada,  2 S.C.R. 689 (IRA)
- Zaoui v. Attorney-General,  2 N.Z.L.R. 33 (Dec. 19, 2003); Attorney-General v. Zaoui,  N.Z.C.A. 244 (Sept. 30. 2004); Zaoui v. Attorney-General,  N.Z.S.C. 38 (June 21, 2005) (PDF 324 Kb.) (risk to suspected supporter of terror of torture or of cruel, inhuman or degrading treatment or punishment if deported)
On the doctrine of specialty, forbidding trial for a crime not specified in the extradition documents, see:
- US-UK extradition treaty; Justice (UK human rights charity) briefing; Liberty briefing; (US) Foreign Affairs Manual, 7 FAM 1600; Parliament site.
Also, see cases and documents cited and linked at United States v. Keesee, 121 F.3d 718 (9th Cir. 1997) (crimes for which defendant was not extradited may be considered in sentencing). On Bobby Joe Keesee, see:
- "Diplomat's Seizure Linked to ex-POW" (PDF), N.Y. Times, June 9, 1974, p. 8; "Body of U.S. Aide is Believed Found in North Mexico" (PDF), N.Y. Times, July 10, 1974, p. 5; "Keesee pleads guilty to federal charges in skyjacking of businessman's plane" Amarillo Globe News, Nov. 2, 1999; other articles
On cross-border enforcement and extradition for tax offences (note that given certain facts tax offenses may be re-characterized as common-law fraud, wire fraud, money laundering, terrorism):
- M_ris Juru_s, Criteria for Defining Tax Evasion as Tax Terrorism, Economics and Business, Riga Technical University (2017)
- Jae-myong Koh, Suppressing Terrorist Financing and Money Laundering (Springer 2006)
- Wouter H. Muller, Christian H. Kalin, John G. Goldsworth, eds, Anti-Money Laundering; International Law and Practice (Wiley 2007)
- Bruce Zagaris, U.S. Efforts to Extradite Persons for Tax Offenses, 25 Loy. L.A. Int'l & Comp. L. Rev. 653 (2003)
- John D.G. Waszak, The Obstacles to Suppressing Radical Islamic Terrorist Financing, 36 Case W. Res. J. Int'l L. 673 (2004)
On new expedited, simplified extradition procedures:
- CRS Report for Congress, Extradition Between the United States and Great Britain: The 2003 Treaty (2006)
- Human Rights Joint Committee, The Human Rights Implications of UK Extradition Policy (2011)
- Matthew Garrod, Deportation of Suspected Terrorists with 'Real Risk' of Torture: The House of Lords Decision in Abu Qatada, 73 Mod. L.Rev. 631 (2010)
- House of Commons, The UK/US Extradition Treaty (2009)
- Statewatch, UK applies new simplified extradition procedures to USA and over a hundred other countries (2004)
- Europa-Universität Viadrina Frankfurt (Oder), Extradition and Action Against Terrorism (2013)
These are extraordinary cases and their outcome seems to depend on diplomatic and political considerations, especially given the lack of legal redress under Ker, Frisbee and Alvarez-Machain (extrajudicial seizures) as well as cases denying Constitutional protection to aliens abroad. The case of U.S. citizen (and military deserter) Ronald Anderson illustrates this: his seizure and frog-marching into the USA from the Canadian side of the border was serendipitously (in the days before camcorders) recorded on 8mm film and widely broadcast, generating Canadian pressure for his release.
- "U.S. Returns Deserter to Canada"', Washington Post, Aug. 31, 1974, p. A13
- and see "Narcotic Agent Held on Canada's Charges" (PDF), New York Times, Feb. 16, 1930, p. 14
Political and diplomatic questions aside, U.S. law enforceable by the courts is represented by a series of cases:
- Arar v. Ashcroft, 414 F.Supp.2d 250, 2006 WL 346439 (E.D.N.Y. 2006); 532 F.3d 157 (2d Cir. 2008); 585 F.3d 559 (2009) (Canadian citizen in transit at JFK Airport, New York rendered to Syria and there tortured); and see N.Y. Times editorial, Feb. 26, 2006, "A Judicial Green Light for Torture".
- Collier v. Vaccaro, 51 F.2d 17 (4th Cir. 1931) (Canadian charges of murder, kidnap and larceny against informer working with U.S. narcotics agent)
- Elmaghraby v. Ashcroft, 2005 WL 2375202 (E.D.N.Y.), and see Nina Bernstein, "U.S. Is Settling Detainee's Suit in 9/11 Sweep", N.Y. Times, Feb. 28, 2006
- Frisbie v. Collins, 342 U.S. 519 (1952); and see Aaron Schwabach and S.A. Patchett, "Doctrine or Dictum: The Ker-Frisbie Doctrine and Official Abductions Which Breach International Law", 25 U. Miami Inter-Am. L. Rev. 19 (1993)
- Jaffe v. Snow, 610 So.2d 482 (Fla. 5th Dist. 1992) and related Canadian proceedings including Jaffe v. Miller, 1994 CarswellOnt 2871 (Ont. Gen. Div.1994) (Florida bounty hunter extradited and jailed in Canada for kidnapping); Jaffe v. Smith, 825 F.2d 304 (11th Cir. 1986) (forcible repatriation by bounty hunter no obstacle to trial in U.S.)
- Ker v. Illinois, 119 U.S. 436 (1886)
- United States v. Alvarez-Machain, 504 U.S. 655 (1992); Sosa v. Alvarez-Machain, 542 U.S. 692 (2004)
- Jonathan A. Bush, "How Did We Get Here? Foreign Abduction After Alvarez-Machain", 45 Stan L. Rev. 939 (1993)
- United States v. Awadallah, 202 F.Supp.2d 17 (S.D.N.Y. 2002) (perjury, 9/11 testimony; Constitutional issues, discussing Toscanino)
- United States v. Toscanino, 500 F.2d 267 (2d Cir. 1974) (unlawful eavesdropping, kidnapping and torture by American agents in Uruguay; holding largely discredited by subsequent case law and rejected in other circuits: see citing references)
Compare the UK rule:
- In re Schmidt,  A.C. 339 and Reg. v. Horseferry Rd. Ct., Ex p. Bennett,  1 A.C. 42.
- There it is a question of the degree of official misconduct that determines whether the court shall stay prosecution when normal extradition arrangements have been bypassed.
With respect to the USA convention matters concern chiefly the death penalty and US courts' definition of "political crime". The latter led to a more expansive extradition treaty with the UK that (notwithstanding that it has not yet been ratified by the United States) has allowed extradition to the US of persons indicted for actions performed in the UK with effects in the USA, in cases where the UK authorities have chosen not to prosecute.
- US-UK Extradition Treaty, 2003 (text); Department of State text
- Report to Parliament, Oct. 2012
- Extradition Act 2003, chapt. 41
- U.S. Department of State Deputy Legal Advisor comment (2005)
- The 2003 Extradition Treaty: Should U.S.-U.K.'s Extradition Relationship Be Overhauled? Seton Hall Student Scholarship Paper 221 (2013)
European Arrest Warrant:
- EUR-Lex backgrounder
- European Commission explanation
- Andrei Vlad Ionescu, European Arrest Warrants in the UK: What Can Britain Learn from American Due Process
European Court of Human Rights:
- Human rights and the fight against terrorism
- Case searches: HUDOC
- Brogan v. United Kingdom 11 EHRR 117 (1988)
- Magee v. United Kingdom,  ECHR 216
- Soering v. United Kingdom [1989[ ECHR 14
- Introductory Note to the European Court of Human Rights: Ahmad and Others v. the United Kingdom, 52 ILM 440 (2013)
Canada: Canadian Charter of Human Rights:
- Reference re Ng Extradition,  2 S.C.R. 858
- United States v. Burns,  1 S.C.R. 283
- UK: Bohning v. United States,  All E.R. (D) 241 (Oct): double jeopardy ne bis in idem; but note the "two sovereign" issue:
- R. (St. John) v. Governor of Brixton Prison,  EWHC Admin 543,  Q.B. 613
- Ramda v. Home Secretary,  All E.R. (D) 223 (Nov)
- United States v. Krueger, 415 F.3d 766 (7th Cir. 2005), citing Blockburger v. United States, 284 U.S. 299 (1932))
- United States v. Lara, 541 U.S. 193 (2004) (tribal court)
- And compare: Coumas v. Superior Court, 31 Cal. 2d 682, 192 P.2d 449 (1948) (state constitutional bar); People v. Mackle, 241 Mich. App. 583; 617 N.W.2d 339 (Ct. App. 2000) (prosecution in Canada followed by extradition and prosecution in Michigan).
- Treaty rights may be abrogated by Congress: United States v. Dion, 476 U.S. 734 (1986) (Legislative override of treaties is common in taxation, e.g. AMT; 3.8% "Medicare tax"; in U.S. law last in time governs as between treaty and legislation in terms of "supreme law of the land".)
- Haroon Rashid Aswat (accused terrorist; BBC report)
- R. (Norris) v. Home Secretary,  EWCA Crim. 280; Nikki Tait, "Businessman loses first round in extradition plea", Financial Times, Feb. 25, 2006, p. 3; Ian Norris accused of price-fixing; Cleary Gottlieb note on an earlier District Court decision, June 2005 (PDF)
- Bermingham, Mulgrew & Darby case, mentioned above
- Zoe Brennen, "Snatched by the American courts", Times (London), Mar. 19, 2006, p. 5-2
One may see in the current context of a "war on terror" (as in past crises of "clear and present danger") not only preventive measures and new criminal sanctions but the tightening of public surveillance and of control of status. Thanks to the capabilities of modern computerization these changes may, unlike past wartime measures, be irreversible. It has been a hallmark of Common Law countries that citizens are not required to carry identity documents and need not register their addresses with the local authorities. The parliamentary debate in Britain over the proposal to introduce national identity cards, and that in the United States over security in the issuance of driving licenses, a quasi-identity card, have highlighted the issue.
A further inevitable response to the terrorist threat from abroad is to tighten border controls and visa issuance, with unintended consequences for the innocent. There may be a limit: member states of the European Union, the European Economic Area and Switzerland are bound by treaty to allow unrestricted entry of nationals of other member states (except for reasons of national security, health and public policy, strictly construed). The USA, Canada and Mexico have lesser mutual entry obligations under NAFTA. There may also be pressure to abrogate through legislation the grant of nationality by jus soli - birthright citizenship - although the need for a constitutional amendment makes that a daunting proposition in the United States.
Almost alone among human-rights oriented legal instruments and likely due to the factual context in which the Convention was conceived, the Refugee Convention makes its protection (the grant of refugee status) dependent upon prior conduct compatible with the preservation of human rights and "the purposes and principles of the United Nations" (Refugee Convention, art. 1(f) and 33 (unworthiness))
- House of Commons research paper, "Anti-Terrorism, Crime and Security Bill: Parts IV and V: Immigration, Asylum, Race and Religion" (PDF)
- International Organization for Migration documents
- Congressional Research Service, "Terrorist Grounds for Exclusion of Aliens" (2010)
- National Immigrant Justice Center, The Terrorism Bars to Asylum
- UK Home Office: "terrorist behavior" justifying exclusion
- Independent Reviewer of Terrorism Legislation: The Terrorism Acts in 2014 (Sept. 2015)
- USCIS: Terrorism-related inadmissibility grounds
- Center for Immigration Studies, "Asylum in the United States"
- Convention (1951) and Protocol (1967) Relating to the Status of Refugees
- UNHCR documentation:
- REFWORLD documentation search other document and article search
- 1997 testimony of INS General Counsel on terrorists, asylum and deportation (PDF provided by Internet Archives)
- Omer Elagab, Jeehaan Elagab, International Law Documents Relating to Terrorism, (3rd ed., 2007)
- Celia W. Duger, "Asylum Rules Protect Both U.S. Allies and Adversaries, I.N.S. Says", N.Y. Times, Aug. 5, 1997
- Dan Eggen, "Patriot Act Partly Blamed in Madrid Case", Washington Post, Mar. 11, 2006. P. A04
- Jonathan Lis, "U.S. refuses to grant visa to Israeli MK due to his membership in 'terror group'", Haaretz, Feb. 23, 2012
- Center for Immigration Studies, Immigration histories of 94 terrorists who operated in the United States between the early 1990s and 2004, including six of the September 11th hijackers (2005)
- Susan Martin, International Migration and Terrorism: Prevention, Prosecution and Protection (University of California at Davis) (undated)
- Marianne Wiedemann, "Naturalisation and International Terrorism under German Law"
- Course documents (2006), Prof. R. A. Boswell, UC Hastings College of the Law
- Elena Fiddian-Qasmiyeh. The Oxford Handbook of Refugee and Forced Migration Studies (2014)
- Maryellen Fullerton, ed., The Refugee Law Reader, 6th ed. (2011)
- Guy Goodwin-Gill, The Refugee in International Law (2d ed. 1998)
- James C. Hathaway, The Rights of Refugees under International Law (2005)
- M. Rafiqul Islam and Jahid Hossain Bhuiyan, ed., An Introduction to International Refugee Law (2013)
- Sarah Singer, Terrorism and Exclusion from Refugee Status in the UK: Asylum Seekers Suspected of Serious Criminality (2015)
- Theresa Sidebotham, "Immigration Policies and the War on Terrorism", 32 Denv. J. Int'l L. & Pol'y 539 (2004)
- Chadwick M. Graham, Note: "Defeating an Invisible Enemy: The Western Superpowers' Efforts to Combat Terrorism by Fighting Illegal Immigration", 14 Transnat'l L. & Contemp. Probs. 281 (2004)
- Rene Bruin and Kees Wouters, "Terrorism and the Non-derogability of Non-refoulement", 15 Int'l J. Refugee L. 5 (2003)
- Mary D. Fan, The Immigration-Terrorism Illusory Correlation and Heuristic Mistake, 10 Harv. Latino L. Rev. 33 (2007), 28 Immigr. & Nat'lity L. Rev. 555 (2007)
- LAIC Hot Topics 42: Terrorism (2003)
- Sarah Leonard, The Use and Effectiveness of Migration Controls as a Counter-Terrorism Instrument in the European Union, Penn State University (2011)
- M. Isabel Medina, Immigrants and the Government's War on Terrorism, 6 New Centennial Rev. 225 (2006)
- Valsamis Mitsilegas, Immigration Control in an Era of Globalization: Deflecting Foreigners, Weakening Citizens, and Strengthening the State, 19 Ind.J.Global Leg.Stud. 2 (2012)
- Elies van Sliedregt, European Approaches to Fighting Terrorism (2010)
- Karen C. Tumlin, Suspect First: How Terrorism Policy Is Reshaping Immigration Policy, 92 Calif.L.Rev. 1173 (2004)
- A v Secretary of State for the Home Department, [2004 E.W.C.A. Civ. 1123,  All E.R. (D) 62 (Aug.) (addresses the 1951 Refugee Convention art. 1(f) issue; also admissibility of confessions under torture)
- In re M.,  1 A.C. 377 ("[T]he argument that there is no power to enforce the law by injunction or contempt proceedings against a minister in his official capacity would, if upheld, establish the proposition that the executive obey the law as a matter of grace and not as a matter of necessity, a proposition which would reverse the result of the Civil War.") And see Ian Ward, "The Story of M: A Cautionary Tale from the United Kingdom", 6 Int'l J. Refugee L. 194 (1994)
- R v Immigration Appeal Tribunal ex parte 'B', CO/1852/87,  Imm. A.R. 166 (effect of political activity in host country on asylum claim; anti-Khomeini Iranian)
- Secretary of State for the Home Department v. Rehman,  U.K.H.L. 47,  1 A.C. 153 (deference to executive in matters of national security
- Bastanipour v. INS, 980 F.2d 1129 (7th Cir. 1992) (Iranian Christian convert)
- Jean v. Nelson, 472 U.S. 846 (1985) (Haitian asylum seeker)
- Kerry v. Din, 576 U.S. ___ (2015) (no right to review of denial on terrorism grounds of husband's application for US visa)
- Padilla v. Rumsfeld, 352 F.3d 695 (2d Cir. 2003) (executive powers in relation to terrorism suspect)
- Shaughnessy v. Mezei, 345 U.S. 206 (1953) (stateless person)
- United States ex rel. Knauff v. Shaughnessy, 338 U.S. 537 (1950) ("Whatever the procedure authorized by Congress is, it is due process as far as an alien denied entry is concerned.")
- Ahani v. Canada, 7 Imm. L.R. (3d) 1, 77 C.R.R. (2d) 144 (F.C.A. 2000) (incarceration with view to deportation of former member of Iranian government agency engaging in terrorist activities)
- Moumdjian v. Canada, 177 D.L.R. (4th) 192 (Armenian terrorist group)
- Pushpanathan v. Minister of Citizenship and Immigration,  1 S.C.R. 982, 160 DLR (4th) 193 (drugs trafficker; asylum claimant; discussion of art. 1(f) issues)
- Ward v. Attorney General of Canada,  2 S.C.R. 689 (IRA)
- See also: extradition cases, above.
There are two separate issues here: entities that may or may not register as 501(c)(3) charitable and 501(d) religious organizations that support, directly or indirectly, terrorist activity abroad; and domestic extremist organizations that initiate and support violence or the threat of violence for political aims, typically anti-abortion, animal rights and environmental issues. Various Muslim charities have been before the courts in the recent past and some reported cases are included here; see also "money laundering" below.
- Debra Morris, "Charities and Terrorism", 5 Int'l J. of Not-for-Profit Law (2002)
- American Veterinary Medical Association
- Anti-Defamation League: Eco-terrorism page
- ARC News (former UK animal rights online magazine, site via archive.org)
- EURSOC Two (Sept. 2005, via archive.org)
- Southern Poverty Law Center: Neal Horsley Kevin Kjonaas
- T. O'Connor, North Carolina Wesleyan College, "History of Eco-terrorism" (via archive.org)
- Wikipedia: abortion
- Wikipedia: Earth Liberation Front
- E.O. 13224: "Blocking property and prohibiting transactions with persons who commit, threaten to commit. or support terrorism"; Terrorism Sanctions Regulations (PDF)
- UK: Serious Organized Crime and Police Act 2005, 2005 chapter 15; as applicable to demonstrations and protests see R. (Haw) v. Home Secretary,  EWHC 2061,  2 W.L.R. 50 (D.C.) (The late Brian Haw's protest in Parliament Square; see Parliamentsquare.org.uk)
- IRS: Chief Counsel Memorandum on foreign charities (PDF)
- Global Relief Foundation v. New York Times Co., 390 F.3d 973 (7th Cir. 2004) (defamation)
- Global Relief Foundation v. O'Neill, 315 F.3d 748 (7th Cir.2002)
- Hall v. Save Newchurch Guinea Pigs (Campaign),  All E.R. (D) 301 (Mar.) (animal rights)
- Hewitt v. Grunwald,  EWHC 2959 (QB),  All E.R. (D) 366 (Dec.) (defamation case, trustees of "Interpal", said to support Palestinian terrorism, against Board of Deputies of British Jews)
- Holy Land Found. for Relief and Dev. v. Ashcroft, 333 F.3d 156 (D.C. Cir. 2003)
- R. v. Belmar, 27 C.C.C. (3d) 142 (B.C. C.A. 1986) (Environmental terrorists)
- Huntingdon Life Sciences Ltd v. Stop Huntingdon Animal Cruelty,  All E.R. (D) 280 (Jun.)
- United States v. Kjonaas, D. N.J., Case # 3:04-cr-00373-AET-2, Docket; CNN report; Times (London) account; from PACER: verdict; Proposed jury instructions; Judgment; Prosecution Memorandum in opposition to post-trial relief
- National Organization for Women, Inc. v. Scheidler, 510 U.S. 249 (1994)
- Planned Parenthood of the Columbia/Willamette Inc. v. American Coalition of Life Activists, 422 F.3d 949 (9thCir. 2005)
- United States v. Jordi, 418 F.3d 1212 (11th Cir. 2005) (enhancement of sentence)
"Money laundering" is an expansive term that may be attached to the handling of money in connection with any sort of offense. Much of the support of low-level terrorist activity in the Middle East, and the financing of the 9/11 attacks in the USA, has been financed by such crimes as small-scale credit card and check fraud and excise tax evasion (tobacco trafficking). Money-laundering and, to a degree, tax evasion has sometimes been assimilated to terrorism. Indeed, anti-terrorism statutes and treaties have been applied in what appear to be purely financial crimes. The use of hawalas and other informal money-transfer systems, cross-border charities, opaque business and nonbusiness entities and lax banking controls (including within the United States) have served as enablers of terrorist finance.
- Council of Europe Convention on the Prevention of Terrorism (1977)
- Association of the Bar of the City of New York, The Prevention and Prosecution of Terrorist Acts: A Survey of Multilateral Instruments (2006)
- International treaties against terrorism and the use of terrorism during armed conflict and by armed forces, 88 Int'l Rev. of the Red Cross 853 (2006)
- Protiviti, Guide to U.S. Anti-Money Laundering Requirements, 5th ed. (2012)
- Security Council, Counter-Terrorism Committee, 16 International Legal Instruments
- United Nations, International Legal Instruments
- Michael P. Scharf, Application of Treaty-Based Universal Jurisdiction to Nationals of Non-Party States, 35 New Eng. L.Rev. 363 (2001)
- Michael P. Scharf, The ICC's Jurisdiction Over the Nationals of Non-Party States: A Critique of the U.S. Position, 64 L. Contemp. Prob. 70 (2001)
- Maroufidou v. Sweden, UN Human Rights Committee, Communication No. R.13/58 (1981)
- United States v. Abu Marzook, 2006 WL 250008 (N.D. Ill.); United States v. Marzook, 383 F.Sup.2d 1056 (N.D. Ill. 2005) (Hamas) (over 100 reported cases deal in some way with membership in, cooperation with or financing of Hamas)
- United States v. Gilbert, 244 F.3d 888 (11th Cir. 2001) (gaming facility as money laundering enterprise)
- United States v. Hammoud, 381 F.3d 316 (4th Cir. 2004); 405 F.3d 1034 (4th Cir. 2005) (Hizballah)
- United States v. Talebnejad, 342 F.Supp.2d 346 (D. Md. 2004) (Hawala case)
- United States v. Uddin, 365 F.Supp.2d 825 (D. Mich. 2005) (Hawala case)
- Arrêt du 12 décembre 2005 (Switzerland)
- UK: Proceeds of Crime Act 2002 and Money Laundering Regulations 2003: HM Revenue & Customs explanation (with links to the statutory and regulatory texts (archived inactive Web site)
- Monaco: Law No. 1253 of Jul. 12, 2002 modifying Law No. 1162 of Jul 7, 1993 on participation of financial entities in the fight against money laundering (via archive.org)
- USA: 18 U.S.C. § 1956 Laundering of monetary instruments
- Moneylaundering.com library of U.S. laws and regulations
- UN Security Council Resolution 1373 (2001)
- International Criminal Court; Wikipedia article
- U.S Dept. of Homeland Security, Counterterrorism Laws and Regulations
- Peter Slavin, "Cash Flow to Hamas Is More Restricted, Deeper Underground", Washington Post, Feb. 19, 2006, p. A23
- David Rose and Will Pavia, "Bank red tape stops British cash reaching quake victims" Times, Oct. 14, 2005
- Salah case (Hamas funding): "Palestinian human rights lawyer testifies in Hamas trial in U.S.", Haaretz Daily, Mar. 15, 2006
- An Anti-Money Laundering Strategy for the Inland Revenue (HMRC archive)
- Asian Development Bank, "Manual on Countering Money Laundering and the Financing of Terrorism" (2003, via archive.org)
- Cains Advocates Ltd., Isle of Man money laundering legislation
- CIA, Intelligence in Public Literature, Intelligence Officer's Bookshelf (2013)
- Commodity Futures Trading Commission, Anti-Money Laundering and Terrorist Financing
- Crown Prosecution Service, Money Laundering Offences (via archive.org)
- Financial Action Task Force (FATF), Typologies Report
- Financial Action Task Force, Global Money Laundering & Terrorist Financing Threat Assessment (2010)
- Financial Action Task Force, Special Recommendations on Terrorist Financing (2010)
- Financial Action Task Force, Money Laundering and Terrorist Financing Vulnerabilities of Legal Professionals (2013)
- Financial Transactions and Reports Analysis Centre of Canada, Financial Transactions and Reports Analysis Centre of Canada, What is terrorist financing? (2015)
- FDIC, Bank Secrecy Act, Anti-Money Laundering, and Office of Foreign Assets Control (2004)
- Federalist Society, Money Laundering and the War on Terrorism
- GAO, Investigations of Terrorist Financing, Money Laundering and Other Financial Crimes (2004) (PDF)
- UK HM Treasury Action Plan for anti-money laundering and counter-terrorist finance (April 2016)
- HM Treasury, Anti-money laundering and counter terrorist finance supervision report 2012-13
- HM Treasury, UK national risk assessment of money laundering and terrorist financing (Oct. 2015)
- HM Treasury, Preventing Money Laundering (2013)
- IBRD, Anti-Money Laundering and Combating the Financing of Terrorism
- ICRC, International humanitarian law and the challenges of contemporary armed conflicts
- IMF, Factsheet: The IMF and the Fight Against Money Laundering and the Financing of Terrorism (Sept. 2015)
- IMF, Suppressing the Financing of Terrorism: A Handbook for Legislative Drafting (2003)
- IRS, Examples of Money Laundering Investigations, Fiscal Year 2016 (annual report; others searchable on IRS site)
- Law Library of Congress Guide to Law Online: Terrorism (including War Powers, Money Laundering, Aviation Safety)
- National Criminal Justice Reference Service (NCJRS), Informal Value Transfer Systems, Terrorism and Money Laundering (2003) (hawalas)
- National Institute of Justice, Research on Domestic Radicalization and Terrorism, Terrorism
- OECD Financial Action Task Force documents (site search; about 1,430 hits on Oct. 27, 2016)
- OECD Financial Action Task Force on Money Laundering
- OECD Economic Outlook, The Economic Consequences of Terrorism (2002)
- U.S. Department of State, International Narcotics Control Strategy Report, Volume II, Money Laundering and Financial Crimes (March 2005)
- U.S. Treasury, Anti-Terrorist Financing Guidelines, Federal Register, pp. 73063-73067 (Dec. 8, 2005) (PDF)
- UK Joint Money Laundering Steering Group
- UN Office on Drugs and Crime, UNODC Legal Library: "terrorism" (drug control and related financial transaction legislation)
- US Dept. of the Treasury, Terrorism and Financial Intelligence
- World Bank & IMF Reference Guide to Anti-Money Laundering and Combating the Financing of Terrorism (2006)
- France, National Police, "Lutte contre le financement du terrorisme" (2015, in French)
- Poursuite des acte de terrorisme, Lexinter (in French)
- Spain: Normativa de prevención y bloqueo de financiación del terrorismo (in Spanish)
- Kevin Coleman, "Tracking Terrorism: Follow the Money?", Directions Magazine, May 13, 2005
- Illicit funds transmission, typically by non-bank money transfer services including Western Union Financial Services, Inc. (subsidiary of First Data Corp.), MoneyGram International, Inc., PayPal (PayPal Inc. and PayPal (Europe) Ltd., subsidiaries of eBay, Inc.) and hawalas. See Patrick M. Jost, The Hawala Alternative Remittance System and its Role in Money Laundering (about 1998/99)
- Avi Cohen, Prosecuting Terrorists at the International Criminal Court: Reevaluating an Unused Legal Tool to Combat Terrorism, 20 Mich. State. Int'l L. Rev. 219 (2012)
- Pablo Antonio Fernández-Sánchez, ed., International Legal Dimensions of Terrorism (2009)
- Helen Duffy, The 'War on Terror' and the Framework of International Law (2005)
- Rachel Ehrenfeld, "Funding Evil: How Terrorism is Financed and How to Stop It" (2011) FrontPage Magazine discussion Ehrenfeld v. Salim A Bin Mahfouz, 2005 WL 696769 (S.D.N.Y.)
- Owen Fiss, The War Against Terrorism and the Rule of Law, 26 Oxford J. Leg. Stud. 235 (2006)
- M. Michelle Gallant, Tax and terrorism: a new partnership?, 14 J. Fin. Crime 453 (2007)
- Eric J. Gouvin, Bringing Out the Big Guns: The USA PATRIOT Act, Money Laundering, and the War on Terrorism, 55 Baylor L. Rev. 955 (2003)
- Mikhail Reider-Gordon, U.S. and International Anti-Money Laundering Developments, 45 Int.Lawyer 365 (2010)
- Guy Gueye & Lindsay Sparrow, The Panama Papers: Don't Overlook the Terrorist Threat! (2016)
- Todd M. Hinnen, The Cyber-front in the War on Terrorism: Curbing Terrorist Use of the Internet, 5 Colum. Sci. & Tech. L. Rev. 5 (2004)
- Donato Masciandaro, Combating Black Money: Money Laundering and Terrorism Finance, International Cooperation and the G8 Role (2004)
- Megan Roberts, "Big Brother Isn't Just Watching You, He's Also Wasting Your Tax Payer Dollars: An Analysis of the Anti-Money Laundering Provisions of the USA PATRIOT Act", 56 Rutgers L. Rev. 573 (2004)
- Jeffrey P. Taft, "Internet-based Payment Systems: An Overview of the Regulatory and Compliance Issues", 56 Consumer Fin. L.Q. 42 (2002)
- Leonard Weinberg, Arie Perliger & Ami Pedahzur, Political Parties and Terrorist Groups (2008)
(1) Of currency by one sovereign of the currency of another (viz: North Korea and Nazi Germany):
- North Korea and "Old IRA"
- The Wall Street Journal, "North Korea's Counterfeit Goods Targeted" June 1, 2005
- Wikipedia: "Superdollar"
(2) Of intellectual property on behalf of terrorists:
- "Interpol warns of link between counterfeiting and terrorism" Interpol memo (2003)
- National Institute of Justice, Transnational Organized Crime Research (bibliography with some links)
- The Northern Bank robbery (IRA);
- United States v. Melendez-Carrion, 820 F.2d 56 (2d Cir. 1987) (Wells Fargo robbery, Puerto Rican terrorists; bail issues)
- Kidnapping: Colombian FARC and ELN (PDF)
- RICO and money laundering laws can and are used in creative fashion to deal with terrorism and other conspiracies: United States v. Hammoud, 381 F.3d 316 (4th Cir. 2004) (Hizballah)
- Nils Duquet, Armed to Kill: An exploratory analysis of the guns used in public mass shootings in Europe (June 2016)
- National Consortium for the Study of Terrorism and Responses to Terrorism, Use of Firearms in Terrorist Attacks in the United States 1970-2014
- The Trace, Sept. 17, 2006, Why Suspected Terrorists Can Legally Buy Guns, Explained
- Eugene Kiely and Robert Farley, Factcheck.org, Suspected Terrorists and Guns
- European Commission Press Release, with links, Nov. 18, 2015: European Commission strengthens control of firearms across the EU
- European Commission Fact Sheet, Jan. 11, 2015, Fighting terrorism at EU level, an overview of Commission's actions, measures and initiatives
- Transparency International
- Leslie Holmes, Networks and Linkages: Corruption, Organised Crime, Corporate Crime and Terrorism (2006)
- And see: U.S. Dept. of Justice, Foreign Corrupt Practices Act; DOJ Resource Guide to the FCPA
- CRS, Foreign Corrupt Practices Act (FCPA): Congressional Interest and
- Executive Enforcement, In Brief (2016)
- ABA, The Foreign Corrupt Practices Act: An Overview of the Law and Coverage-Related Issues (1914)
"Street Terrorism" (gang affiliation and violence):
- California, Penal Code Sect. 186.20, California Street Terrorism Enforcement and Prevention Act of 1998
- Florida, Ch. 874, Street terrorism enforcement and prevention
- Russian neo-Nazi gangs, street-terror, killing of migrants and minorities: Web search results
- Salvadoran gangs
- Street Gangs in Sacramento
- "Street terrorism" case: People v. Prunty, 62 Cal. 4th 59; 355 P.3d 480; 192 Cal. Rptr. 3d 309; 2015 Cal. LEXIS 5758 (Sup.Ct. Cal. 2015)
The issue is the threat, real or imagined, of violent overthrow of the existing order. Underlying the modern problem is the erosion of the claim by the State to allegiance: permanent in the case of its nationals, temporary in the case of non-national residents. The allowance of dual nationality implies a recognition of conflict of allegiances. This is probably inevitable with the end of unity of the family in matters of nationality and domicile, and an independent right of women to retain their nationality and to transmit it to offspring born in wedlock. Modern views of civil and human rights make it difficult for the State to demand a primacy of loyalty and to inhibit sympathy for foreign and dissident states, ethnicities and groups. It also calls into question any demand for primacy of the loyalty of its expatriates from foreign governments. In the past, members of particular sects deemed threatening to the State's interests and primacy, have encountered hostility and discrimination: Jehovah's Witnesses, Amish, Seventh-day Adventists, Scientologists.
- R. v. Aeneas Macdonald, (1747) 18 St. Tr. 520
- R. v. Casement,  1 K.B. 98 (Treason Act, 1351)
- R. v. Joyce,  A.C. 347 ("Lord Haw Haw")
- Compare: Fujizawa v. Acheson, 85 F. Supp. 674 (S.D. Cal. 1949)
- D'Aquino v. United States, 180 F.2d 271 (9th Cir. 1950), 192 F.2d 338 (9th Cir. 1951) ("Tokyo Rose")
- Kawakita v. United States, 96 F.Supp. 824 (S.D. Cal. 1950), aff'd 190 F.2d 506 (9th Cir. 1951), aff'd 343 U.S. 717 (1952) (Japanese-American)
- Co-operative Committee on Japanese Canadians v. Att-Gen.,  A.C. 87 (expulsion of native-born, Canadian-citizen Japanese-Canadians)
- Hamdi v. Rumsfeld, 542 U.S. 507 (2004) (subsequently resolved by agreement, expatriation and banishment, a reminder of the Kawakita case)
- Riel v. The Queen, Ex p. Riel, (1885) 10 App. Cas. 675 (Canadian métis)
- A v. Home Secretary (No. 2),  UKHL 71,  3 W.L.R. 1249, reversing  1 WLR 414 (suspicion of terrorism; risk of torture if expelled)
- Liversidge v. Anderson,  A.C. 260
- Rex v. Halliday,  A.C. 206
- R. v. Shayler,  1 A.C. 247
- Korematsu v. United States, 323 U.S. 214 (1944)
- United States v. Pollard, 747 F.Supp. 797 (D.D.C. 1990), aff'd 959 F.2d 1011 (D.C. Cir. 1992)
- Mordecai Vanunu case (Israel Ministry of Foreign Affairs, 2005)
"The modern treason statute is 18 U.S.C. § 2381; it basically tracks the language of the constitutional provision. Other provisions of Title 18 criminalize various acts of war-making and adherence to the enemy. See, e.g., § 32 (destruction of aircraft or aircraft facilities), § 2332a (use of weapons of mass destruction), § 2332b (acts of terrorism transcending national boundaries), § 2339A (providing material support to terrorists), § 2339B (providing material [*561] support to certain terrorist organizations), § 2382 (misprision of treason), § 2383 (rebellion or insurrection), § 2384 (seditious conspiracy), § 2390 (enlistment to serve in armed hostility against the United States). See also 31 CFR § 595.204 (prohibiting the "making or receiving of any contribution of funds, goods, or services" to terrorists); 50 U.S.C. § 1705(b) (criminalizing violations of 31 CFR § 595.204). The only other citizen other than Hamdi known to be imprisoned in connection with military hostilities in Afghanistan against the United States was subjected to criminal process and convicted upon a guilty plea. See United States v. Lindh, 212 F. Supp. 2d 541 (ED Va. 2002) (denying motions for dismissal); [Katharine] Seelye, ['Threats and Responses: The American in the Taliban',] N. Y. Times, Oct. 5, 2002, p. A1, col. 5."
- Hamdi v. Rumsfeld, 542 U.S. at 560-61
Note: Jose Padilla has since been prosecuted as a civilian. See:
Early treason cases addressed the disloyalty of individuals owing allegiance, permanent or temporary, to the sovereign or the republic by fact of birth or presence respectively. Post-World War II cases punished treasonous propaganda and abuse of Allied war prisoners by persons owing allegiance to Allied states. At least since the Vietnam War, however, overt criticism of one's own country's war-making has been impossible of prosecution in the West. The issue has become more complex as massive immigration followed by "family reunification" of spouses and offspring has led to the formation of communities with solidarity - to varying degrees - to the culture and state of origin. The fear of "fifth column" support of the enemy and a presumption of terroristic intent was behind the German-American Bund cases (FBI reports; Knauer v. United States, 328 U.S. 654 (1946)) and the internment of Japanese. But such fears merge easily with fear and loathing of the "other" and blatant racism. In the recent past, it has morphed - in the Balkans and in parts of Africa - to ethnic cleansing, genocide and murder. There is an alternative or supplementary motivation, one that was seen in Nazi plunder, the Minorities Treaties, the Armenian genocide and the reciprocal plunder of assets of Jews expelled from Arab countries and Arabs expelled or who fled from present-day Israel. In the Middle East and North Africa, as earlier with massive population movement, it has led to the transportation or expulsion of ethnic groups with or without compensation. It has also led, less dramatically but no less measurably, to the erosion of minority populations in some countries and regions.
This issue includes within it to a certain degree the charities and quasi-charities (more fully covered in the section above on financial support of terrorism) which funnel money from the ethnic communities in the West and from philosophic supporters of the aims of foreign groups which may be disposed to violence. The difference between the threat posed by al Qaeda, the Salafists, the "Islamic State" (Daesh or ISIS) and their sympathizers is demographic: no other minority in the West can mobilize comparable numbers both abroad (in Asia and Africa) and locally (in Europe, the Americas and Australia). The Muslim Diaspora can be called upon to demonstrate solidarity over specific issues, and for funds. The incident over the caricatures of Mohammed published first in Denmark and then elsewhere is illustrative. The lack of symmetry between the expectations of and demands for by many Muslims of Western respect for theirs, and their own disdain for Western, values, norms and symbols should be unsurprising. Other violent groups, too, find solidarity in Westernized migrant communities abroad, some of whom may deem those members of their faith who practice a more orthodox and literal version of it to be worthy of respect and support. It is impossible to know how widespread such support for the more religiously observant may be although litigation following the closure by U.S. authorities of certain Muslim charities provides at least anecdotal information. The Israeli peace movement has provided some details of the funding of West Bank settlements and of "violence-prone settlers".
The most unfortunate source of passive support for terrorism is an unreasoned enmity and a schadenfreude based on no greater logic than "the enemy of my enemy is my friend". On the other hand, Christopher Harmon (below) reminds us that "most terrorist groups come to an end".
- Christopher C. Harmon, "How al-Qaeda May End", (Heritage Foundation, May 2004)
- Daniel Byman, "Passive Sponsors of Terrorism", 47 Survival (Brookings, 2005)
(explained in Byman, "Deadly Connections: States that Sponsor Terrorism" (2005) (review, Foreign Affairs)
- Democracy and Islamism: F. Gregory Gause III, "Can Democracy Stop Terrorism?", Foreign Affairs, Sept/Oct. 2005
- Library of Congress, The Psychology and Sociology of Terrorism (Sept. 1999) (PDF)
- Paul K. Davis & Brian Michael Jenkins, Deterrence and Influence in Counterterrorism: A Component in the War on al Qaeda, RAND Corporation (2002)
A collateral issue is that of apologetics and of propaganda support for terrorists, past and present. Holocaust denial is a crime in some countries. Statutes are being enacted and prosecutions attempted for giving encouragement to terrorists and "aid and comfort to the enemy".
- United States v. Al-Arian, 308 F.Supp.2d 1322 (M.D.Fla. 2004)
- United States v. Al-Arian, 329 F.Supp.2d 1294 (M.D.Fla. 2004) (ruling on gov't motion on scienter)
- Case comments: "Al Arian acquitted" (Miami Herald)
- Tampa Tribune, Timeline: Events in the Case of Sami Al-Arian (2005)
- Campus Watch: collection of articles on Campus anti-Zionism and anti-Semitism, including the Al Arian case
- Eric Boehlert, "The prime-time smearing of Sami Al-Arian" Salon.com (2002)
The issue is retaliation for an accusation of involvement in or support of terrorism. United Kingdom courts are particularly hospitable to plaintiffs in libel cases. In addition to the cases where organizations have sought to avoid classification as supporters of terrorism, there is potential for litigation over published allegations, or over expressions of an essentially political nature, as in the cases below. In the USA, First Amendment rights as explained in New York Times Co. v. Sullivan, 376 U.S. 254 (1964) severely limit in the United States the scope of actions in defamation and for enforcement of foreign libel judgments. An alternative form of intimidation, SLAPP suits, has achieved a certain notoriety there. The cases here cited have a nasty political, but not a genuine terrorism, aspect. Defamation, leafleting and the haranguing of clientele are not on the plane of economic sabotage, violence and threats of physical harm (see "eco-terrorism", above). Legislation against revisionism (Holocaust denial and the like) appealing to violent nationalist extremists raises yet further issues regarding the proper way to deal with incipient domestic terror.
- Bachchan v. India Abroad Publications, Ltd., 154 Misc.2d 228, 585 N.Y.S.2d 661 (Sup.Ct. N.Y. Co. 1992) (First Amendment issues)
- Cassel & Co. Ltd. v. Broome,  A.C. 1027
- Irving v. Penguin Books,  All E R. (D) 523 and see, regarding Irving's 2006 conviction and imprisonment in Austria: Roger Boyes, "Backlash at jailing of historian who denied Holocaust", Times, Feb. 21, 2006, p. 1; Brian Wilson, "Is David Irving any different from a racist skinhead?", Scotland on Sunday, Feb. 26, 2006
- Matusevitch v. Telnikoff, 877 F.Supp 1 (D.D.C. 1995)
- The classic libel case may be - for the record length of its trial, for its triviality and for its misspent judicial resources - McDonald's Corp. v. Steel and Morris, Queen's Bench, June 19, 1997, abridged judgment; Court of Appeal, Mar. 31, 1999 judgment. Judgments and transcripts also at McSpotlight.org (via archive.org)
- John Vidal, McLibel: Burger Culture on Trial (1997). European Court of Human Rights judgment: Steel and Morris v. United Kingdom, ECHR, Case No. 68416/01 (finding violations of art. 6(1) and 10 of the Convention); summary and analysis
- Safak Timur, "Turkey Cracks Down on Insults to President Erdogan", N.Y. Times, March 2, 2016 (political use of libel litigation)
- Lee Hsien Loong v Singapore Democratic Party and Others and Another Suit,  1 SLR 642;  SGHC 173 (libel action by Prime Minister of Singapore)
- Lee Hsien Loong v. Roy Ngering Yi Ling,  SGHC 320 - Comment, The Economist, June 13, 2014 - archived copy
More on the conflict between globalization and culture and the involvement of legal systems:
- Robert Wai, "Countering, Branding, Dealing: Using Social Rights in and around the international trade regime", 14 Eur. J. Int'l L. 35 (2003)
- Benjamin R. Barber, "Jihad vs. McWorld", Atlantic Monthly, Mar. 1992 (and his 1995 book of the same title: review)
- Google Scholar search
- The Erik Castrén Institute of International Law and Human Rights, Indirect Responsibility for Terrorist Acts (2009)
- Ted Honderich, "The Right to Terrorism" (anti-American, anti-Semitic bias leads to apologia)
On the (UK) Terrorism Bill and provisions against "glorifying terrorism" - political analysis:
- Wikipedia article
- Newspaper report: Philip Webster and Greg Hurst, "Blair wins fight to ban glorifying of terrorism", Times, Feb. 16, 2006, p. 1, and editorial (leader) "Glorifying nonsense: Vague proposals inevitably make for bad law"
- Sarah Sorial, Can Saying Something Make It So? The Nature of Seditious Harm, 29 L.Philos. 273 (2010)
- UK cases relevant to "glorifying terrorism" (bailii.org)
- Cuba and other hostile countries: This is a politically and diplomatically difficult subject. Pragmatism and expedience can be seen in official the relationship over time to the governments of enemy and former enemy states, and to free-lance activists, to mercenaries and to incendiary propaganda. See, e.g., on Luis Posada Carriles: Tim Winer, "Case of Cuban Exile Could Test the U.S. Definition of Terrorist" and Wikipedia; Posada is mentioned in United States v. Campa, 419 F.3d 1219 (11th Cir. 2005), vacated and en banc hearing ordered, 429 F.3d 1011 (11th Cir. 2005).
- See also the Neutrality Act of 1937
- Spencer Ackerman, How To: Run Snitches Inside Terrorist Groups, Wired, Dec. 24, 2010
- Petra Bartosiewicz, To Catch a Terrorist: The FBI hunts for the enemy within, Harpers Magazine, Aug. 2011
- T. Ward Frampton, Predisposition and Positivism: e Forgo en Foundations of the Entrapment Doctrine, 103 J. Crim. L. & Criminology 120 (2013)
- M. L. Friedland, Controlling Entrapment, 32 U. Toronto L.J. 1 (1982)
- David J. Gottfried, Avoiding the Entrapment Defense in a Post-9/11 World, FBI Law Enforcement Bulletin (2012)
- Dejan M. Gantar, Criminalizing the Armchair Terrorist: Entrapment and the Domestic Terrorism Prosecution, 31 Hastings Con. L.Q. 135 (2014)
- Karen J. Greenberg, How terrorist 'entrapment' ensnares us all, The Guardian, Dec. 12, 2011 - Another copy
- Russell Hardin, Civil Liberties in the Era of Mass Terrorism, 8 J. Ethics 77 (2004)
- Michael Hirsh, Inside the FBI's Secret Muslim Network, Politico, March 24, 2016
- Investigative Project on Terrorism, NYU's Superficial Entrapment Study, June 9, 2011 ("exaggerates the government's role in 'manufacturing' evidence")
- Francesca Laguardia, Terrorists, Informants, and Buffoons: The Case for Downward Departure as a Response to Entrapment, 17 Lewis & Clark L.Rev. 171 (2013)
- Heather Maher, How the FBI Helps Terrorists Succeed, The Atlantic, Feb. 26, 2013
- Newsweek, American Snitch: Inside the Life of a Counterterrorism Informant (Feb. 21, 2016) Archived copy (PDF)
- NYU Law School, Center for Human Rights and Global Justice, Targeted and Entrapped: Manufacturing the 'Homegrown Threat' in the United States, July 26, 2012
- Kent Roach, Entrapment and Equality in Terrorism Prosecutions: A Comparative Examination of North American and European Approaches, 80 Miss. L.J. 1455 (2011)
- Wadie E. Said, The Terrorist Informant, 85 Wash. L.Rev. 687 (2010)
- Eric Schmitt & Charlie Savage, In U.S. Sting Operations, Questions of Entrapment, N.Y. Times, Nov. 29, 2010 Print version
- Jon Sherman, "A Person Otherwise Innocent": Policing Entrapment in Preventative, Undercover Counterterrorism Investigations, 11 J. Con. Law 1475 (2009)
- Drury D. Stevenson, Entrapment and Terrorism, 49 Boston Coll. L.Rev. 125 (2008) - Another copy
- Vancouver Sun, July 29, 2016: "BC Supreme Court Justice slams RCMP: 'The world has enough terrorists, we do not need the police to create more' - Entrapped couple's terrorism conviction overturned"
This is a title easily and conveniently applied to the acts, the failure to act and the inability to act of feared or despised pariah states and governments (as in "axis of evil"). It is as easily used by the accused as by the accusers. The term is thus weakened by its extensive use for propaganda purposes by left and right and it has appeared in few legal judgments. It encompasses governments that rule by terrorizing their own citizens and is distinguishable from the more banal "state-sponsored terrorism" undertaken by non-governmental parties with the connivance or support of the state. Just as the inverse of "terrorist" is "freedom fighter", the inverse of defense against terrorism, or defense of the status quo and vested interests, is bound to also to attract the "state terrorism" label for some. The more so as one of the aims of terrorism is to provoke violent response, and perhaps over-reaction, from the authorities of the target state. The term is probably more political than legal, and for our purposes ought to be restricted to events and situations of the sort that have come before tribunals, domestic and international and international bodies. The Nuremburg and Tokyo trials, the International Criminal Tribunal, the ICTY and other tribunals charged with prosecuting perpetrators of particular atrocities, the UN and domestic cases seeking asylum and refugee status, punishment of foreign officials or recompense for wrongful death, torture, injury and loss constitute relevant case law. Military action in defense of empire and other displays of overwhelming power to intimidate others either by way of reprisal or to protect of paramount national interests have yielded uncountable instances of the deliberate use of terror or the toleration of terror by state actors or by members of one ethnic group against another. Genocide is just one example.
Terror, domestic or cross-border, may be unleashed by dysfunctional government or by the venality of rulers as an instrument of policy or by inability to govern: the Khmer Republic, Sierra Leone, Liberia, Bosnia, Afghanistan, Iraq, Ivory Coast, Sudan, Somalia, Rwanda, Haiti and, arguably, Zimbabwe at various times are examples, in no particular order. Non-state actors like the Lord's Resistance Army in Uganda and warlords in a number of other countries are subsets of the foregoing. To a greater or lesser extent, such terror will have overseas implications, economic, political and demographic.
- General information, Wikipedia
- Scott Atran, "Strategic Blunder: Confounding Rogue States and Terrorist Networks" (Feb. 2004)
- Daniel Moran, "Two Sides of the Same COIN: Torture and Terror in the Algerian War, 1954-62" (2009) (PDF)
- International Law Commission, Commentaries to Draft Articles on Responsibilities of States for Internationally Wrongful Acts (Nov. 2001) (PDF)
- American Bar Association Report: U.S. Foreign Sovereign Immunities Act (Apr. 2001)
- Pelin Turgot, "Senior general 'stoked Kurdish conflict to keep Turkey out of EU'", Independent, Mar. 9, 2006
- U.S. Dept. of State, "State Sponsors of Terrorism"
- Nuremburg Trial, 6 F.R.D. 69 (1946)
- Attorney-General of the Government of Israel v. Eichmann, 36 ILR. 5 (1961), 56 Am.J.Int.L. 805 (1962)
- Green, The Eichmann Case, 23 Modern Law Review 507 (1960)
- Harry Mulisch et al, Criminal Case 40/61, the Trial of Adolf Eichmann: An Eyewitness Account (2005)
- Peace Palace Library research guide
- and see William Sweet, The Volksgerichtshof: 1934-45, 46 J. Mod. Hist. 314 (1974) (Supreme court for treason offenses under the Nazis: definitional challenges of "terrorism" and "justice" in the context of non-democratic systems)
- In 1992, the United Nations Security Council condemned Libyan involvement in international terrorism (Resolutions 731 and 748) (discussion in: Gaddafi v. Telegraph Group Ltd,  EMLR 431)
- Bernhard Graefrath, "Leave to the Court What Belongs to the Court: The Libyan Case", 4 Eur. J. Int. L. 184 (1994)
- ICJ: Lockerbie Case
- Univ. of Syracuse, timeline (via archive.org)
- American Society of International Law
- International tribunals, statutes (globalpolicy.org)
- Global Policy Forum on an international tribunal for Cambodia
- American Society of International Law, EISIL resources
- "Bringing the wicked to the dock", Economist, Mar. 11, 2006, p. 22
- Laura Dickinson, "Using Legal Process to Fight Terrorism: Detentions, Military Commissions, International Tribunals, and the Rule of Law", 75 S. Carolina L. Rev. 1407 (2002)
- ASIL Insight, "World Court Orders Belgium to Cancel an Arrest Warrant Issued Against the Congolese Foreign Minister" (2002)
- ASIL Insight: "U.S. Courts Rule on Absolute Immunity and Inviolability of Foreign Heads of State: The Cases against Robert Mugabe and Jiang Zemin" (2004)
- ACLU "International Civil Liberties Report" (2004)
- ABA Standing Committee on Law and National Security
- "Compromising justice: why the Bush administration and the NGOs are both wrong about the ICC" (2006)
- Wikipedia article, universal jurisdiction
- Conal Urquhart, "Israel scorns 'anti-semitic little Belgium'", Guardian, Feb. 14, 2003
- (U.S. - Iran)
- (France - Congo)
- (Belgium - Congo)
- (Bosnia and Herzegovina v. Serbia and Montenegro: genocide)
- Comment, Cath. Univ. of Leuven, Institute of International Law, Giving Effect to Customary International Law Through European Community Law (Working Paper No. 25, Jan. 2003)
- Libya: Tel-Oren v. Libyan Arab Republic, 726 F.2d 774 (D.C. Cir. 1984)
- Smith v. Socialist People's Libyan Arab Jamahiriiya, 886 F.Supp. 306 (E.D.N.Y. 1995)
- Price v. Socialist People's Libyan Arab Jamahiriya, 389 F.3d 192 (D.C. Cir. 2004)
- Chile: Letelier v. Republic of Chile, 488 F.Supp. 665 (D.D.C. 1980); 748 F.2d 790 (2d Cir. 1984)
- Guatemala: Filartiga v. Pena-Irala, 630 F.2d 876 (2d Cir. 1980)
- Saudi Arabia: In re Terrorist Attacks on Sept. 11, 2001, 349 F.Supp.2d 765 (S.D.N.Y. 2005)
- Iran: Flatow v. Islamic Republic of Iran, 999 F.Supp. 1 (D.D.C. 1998) (but compare: Glenn Kessler, "Administration Blocks Ex-Hostages' Bid for Damages From Iran", Washington Post, Mar. 19, 2006, p. A01)
- Iraq: Daliberti v. Republic of Iraq, 97 F.Supp.2d 38 (D.D.C. 2000)
- PLO (a "liberation organization", subsequently (as Palestinian Authority) a government with state-like qualities for some purposes: Klinghoffer v. S.N.C. Achille Lauro, 937 F.2d 44 (2d Cir. 1991))
- Boim v. Quranic Literary Institute, 340 F.Supp.2d 885 (N.D. Ill. 2004) (Hamas)
- Kadic v. Karadzic, 70 F.3d 232 (2d Cir. 1996) (Bosnia)
- United States v. Moussaoui, 65 Fed.Appx. 881 (4th Cir. 2003); 382 F.3d 453 (4th Cir. 2004) (classified testimony, access to incarcerated combatant witnesses; includes list of case citing this case through March 2005); indictment; order barring Government use of aviation-related evidence; and see, on start of Moussaoui trial, Jerry Markon, "The Man Who Wasn't There on 9/11", Washington Post, Mar. 4, 2006, p. A01; Jerry Markon and Timothy Dwyer, "Federal Witnesses Banned in 9/11 Trial", Washington Post, Mar. 15, 2006, p. A01; Stephen Labaton and Matthew L. Wald, "Lawyer Thrust Into Spotlight After Misstep in Terror Case", N.Y. Times, Mar. 15, 2006.
- Wyatt v. Syrian Arab Republic, 800 F.3d 331 (7th Cir. 2015) (FSIA and state-sponsored terrorism)
- In re Pan American World Airways,  Q.B. 854
- R. v. Bow Street Metropolitan Stipendiary Magistrate, Ex p., Pinochet Ugarte,  1 A.C. 61;  1 A.C. 147; Oxford Public International Law, bibliography on the Pinochet case
- Belgian case against Ariel Sharon: Procureur général c/ Sharon (in French)
- Abu Ghraib: Ibrahim v. Titan Corp., 391 F.Supp.2d 10 (D.D.C. 2005)
- International Committee of the Red Cross
- Human Rights Watch (Abu Ghraib)
- American Society of International Law
- ECOSOC Human Rights Commission, Situation of Detainees at Guantánamo Bay (2006) (PDF)
- Letter from 260 physicians to The Lancet, 367 Lancet 811 (2006) (force-feeding)
- Con Coughlin, "Trapped in a legal no-man's land", Daily Telegraph, Feb. 17, 2006
- Uri Friedman, "Iraq: The World Capital of Terrorism", The Atlantic, July 5, 2016
- Brian Michael Jenkins, The Role of Terrorism and Terror in Syria's Civil War, RAND (2013)
- Kim Sengupta, "Voices from Guantánamo", Independent, Mar. 6, 2006
- Richard Norton-Taylor and Suzanne Goldenberg, "Judge's anger at US torture", Guardian, Feb. 17, 2006
- Wiki News on Australian/British prisoner: David Hicks gets British Citizenship
- Criticism by lawyer for prisoners: "American Gulag", Los Angeles Times, Feb. 26, 2006
- New York Times editorial, "They Came for the Chicken Farmer", Mar. 8, 2006
- George B. Micklum, "MI5, Camp Delta, and the story that shames Britain", Independent, Mar. 16, 2006
- Camp Nama: Eric Schmitt and Carolyn Marshall, "In Secret Unit's 'Black Room,' a Grim Portrait of U.S. Abuse", N.Y. Times, Mar. 19, 2006
- S.2040 - Justice Against Sponsors of Terrorism Act (Claims by survivors of victims of 9/11 - Congressional override of veto (The Guardian, Sept. 29,2016)
- "The risks of suing the Saudis for 9/11", N.Y. Times, Sept. 28, 2016)
- Donald W. Garner & Robert L. McFarland, Suing Islam: Tort, Terrorism and the House of Saud, 60 Okla. L. Rev. 223 (2007)
- National Commission on Terrorist Attacks Upon the United States, Archive
- The 9/11 Commission Report (2006)
- National Commission on Terrorist Attacks Upon the United States, Monograph on Terrorist Financing (2004)
- S. Rept. 107-351 and H. Rept. 107-792, Joint Inquiry into Intelligence Community Activities before and after the Terrorist Attacks of September 11, 2001, Dec. 2002 - Declassified 28 pages (2016)
- Simon Henderson, What We Know About Saudi Arabia's Role in 9/11, Foreign Policy, Jul 18, 2016
- Mark Mazzetti, "Claims of Saudi Role in 9/11 Appear Headed for Manhattan Court", N.Y. Times, Sept. 29, 2016
- In re Terrorist Attacks on September 11, 2001, S.D.N.Y. Case 03-MDL-1570, 122 F. Supp. 3d 181 (S.D.N.Y. 2015)
- Jennifer K. Elsea, In Re Terrorist Attacks on September 11, 2001: Claims Against Saudi Defendants Under the Foreign Sovereign Immunities Act (FSIA), Congressional Research Service, May 17, 2016
- 2017 War With Russia: An urgent warning from senior military command by General Sir Richard Shirreff (a novel, but written as a serious warning) (2016)
- Richard Danzig, "The Big Three: Our Greatest Security Risks and How to Address Them": risk of a renewed major military competition, traumatic attacks, erosion of public support for military and foreign policy (1999)
The historical link between religion and aggression is notorious, reaching back to antiquity and continuing to the present. Indeed, modern concepts of human rights and refugee law stem from the World War II and the Cold War eras. Extremists of all kinds have conducted, incited, or supported terrorist acts, but most are isolated atrocities by individuals and small groups, or assassinations, although a martyr may later be made icon of a particular terrorist movement: Baruch Goldstein and uncountable numbers of suicide bombers, particularly Palestinians who have attacked or died attempting to attack Israeli targets. Religion may be only one element of ethnicity in regional terrorism, as with the Tamil Tigers. Within Islam, murderous hostility simmers between the major divisions, Shia and Sunni and against minor sects such as the Ahmadis, deemed heretics in Pakistan and denied there the status of Muslims.
- A compilation of articles on religious radicalism in South Asia (Daniel K. Inouye Asia-Pacific Center for Security Studies, 2004).
While the United States has been threatened from within, notably by millenarian and neo-Christian militia groups, it is the 9/11 hijacking-murders (New York, Washington, Pennsylvania) (and in England the 7/7 London bombing-murders) by radical Muslims that have generated the most fear. There is a theoretical, doctrinal underpinning to this Islamic radicalism which can be traced to the Muslim Brotherhood and the writings of Sayyid Qutb which castigate the Islamic civil state as well as the west for "jahiliyyah" (ignorance of divine guidance) - justifying jihad. Qutb rejects civil sovereignty and nationality, all sovereignty belonging to Allah; a rejection taken further by others who demand a return to the Muslim Caliphate. The Deoband school (of which the Taliban are representative but naïve) has taken such integrist teachings to extremes.
- U.S. v. Allen, Stein and Wright, (U.S. Dist. Court, D. Kans.) complaint, Oct. 14, 2016 - Southern Poverty Law Center: discussion
- Harris v. Roderick, 126 F.3d 1189 (9th Cir. 1997) (Ruby Ridge)
- Andrade v. Chojnacki, 338 F.3d 448 (5th Cir. 2003) (Branch Davidians, Waco)
- Westboro Baptist Church v. Patton, 32 Kan.App.2d 941, 93 P.3d 718 (2004) (tax exemption claim of wildly anti-gay, anti-Semitic Church that celebrates natural and terrorist disasters as "just punishment"); details on church's Web site
- Assaf Moghadam, Motives for Martyrdom: Al-Qaida, Salafi Jihad, and the Spread of Suicide Attacks, 33 Int'l Security 46 (2008-09)
- On religious extremists in Britain: New York Times OpEd, Jul. 8, 2005, "Our Ally, Our Problem"
- CRS Report for Congress RS22211, "Islamic Extremism in Europe"
- "Made in America Wahhabism", Los Angeles Times, Mar. 8, 2005
- Wikipedia: "Militia Groups"
- Religious extremism driving out modernism: John M. Broder, "For Muslim Who Says Violence Destroys Islam, Violent Threats", N.Y. Times, Mar. 11, 2006
The asymmetry of the demands of Islamists and some other Muslims regarding religious-based issues, and law in the USA and Europe arise first in the reservations regarding human rights, and the Arab Charter on Human Rights, and, in 2006, in the matter of the cartoons of Muhammad published first in Denmark and then in many other countries. But dual standards are nothing new, and as law ago as UNCTAD, representatives of African and Asian nations justified them by pointing out that it was the West that had (1) enunciated the standards and (2) declared that it was observing them. There is a particular problem with titled officials of revealed religions who claim exclusivity for their faiths: ecumenism is both modern and liberal.
- Anthony Shadid and Kevin Sullivan, "Anatomy of the Cartoon Protest Movement", Washington Post, Feb. 16, 2006, p. A01
- Daniel Howden et al., "How a meeting of leaders in Mecca set off the cartoon wars around the world", Independent, Feb. 10, 2006
- "How Liberal Britain Let Hate Flourish", Times, Feb. 12, 2006
- and an earlier article on sectarian conflict in Denmark
- Kevin Sullivan, "Denmark Tries to Act Against Terrorism as Mood in Europe Shifts", Washington Post, Aug. 29, 2005, p. A09
- Compare the Voltaire incident in France: Andrew Higgins, "Blame It on Voltaire: Muslims Ask French To Cancel 1741 Play", Wall Street J., Mar. 6, 2006, p. 1
- Wolfgang Palaver, Katholisch-Theologische Fakultätder Universität Innsbruck, "Terrorismus: Wesensmerkmale, Entstehung, Religion"
- (Google machine translation)
- A hostile retort to Islamic revisionism: Andrew G. Bostom, "Eurabia's Morass Elicits Mythical 'Solutions'"
- Some of the issues are discussed by this author's article, "'Islamic Land': Group Rights, National Identity and Law", at 3 UCLA J. Islamic & Near E. L. 53 (2004) (Westlaw citation: 3 UCLAJINEL 53; Lexis citation: 3 JINEL 53)
- Centers for Disease Control and Prevention, resources on terrorism
- World Health Organization, documentation
- Manning and Goldfrank, Preparing for Terrorism: Tools for Evaluating the Metropolitan Medical Response System Program (2002)
- PBS, NOVA Biowarfare and Bioterror
- Interpol: Bio-terrorism
- The 1984 Rajneeshee attack (The Atlantic, 2014; salmonella)
- Matt Novak, "The Largest Bioterrorism Attack in US History Was An Attempt to Swing An Election", Gizmodo, Nov. 1, 2016 (Rajneeshpuram)
- Brian C. Bernett, U.S. Biodefense & Homeland Security: Toward Detection & Attribution (Thesis, Naval Postgraduate School, 2006)
- U.S. Food and Drug Administration, Bioterrorism Act of 2002
- Johns Hopkins and Georgetown Universities, The Centers for Law & the Public's Health, Bioterrorism Law and Public Policy
- FBI, Testimony on bioterrorism before the House Judiciary Committee, Subcommittee on Crime (2001)
- Pace Law School Library, Health Law Research Guide: Bioterrorism
- Book review of Victoria Sutton, Law and Bioterrorism (2003)
- Brent Garland, Bioethics and Bioterrorism, 2 J. Philosophy, Science & L. (March 2002)
- Bank of Tokyo Ltd. v. Karoon,  3 All E.R. 468 (C.A.)
- Al Adsani v. United Kingdom, C.A. (Nov. 21, 2001)
- ACLU: How the Anti-Terrorism Bill Permits Indefinite Detention of Immigrants
- Yale Avalon Project Diana Human Rights Archive
- Int'l Peace Academy, Human Rights, the United Nations and the Struggle Against Terrorism (2003) (PDF)
- UNHCR, Human Rights, Terrorism and Counter-Terrorism
- Inter-American Commission on Human Rights
- University of Minnesota Human Rights Library, Arab Charter of Human Rights
- Association Internationale des Droits de l'Homme (AIDH) List of human rights instruments (in French: Textes fondamentaux et sites de référence)
- Carters (Orangeville, ON law firm), Anti-Terrorism Law Resources
- Congressional Research Service: USA PATRIOT Act: indefinite incarceration of certain non-deportable terrorist suspects
- Shirin Sinnar, Note: Patriotic of Unconstitutional? The Mandatory Detention of Aliens Under the USA Patriot Act, 55 Stan. L.Rev. 1419 (2002-2003)
- JoAnne M. Sweeny, Indefinite Detention and Antiterrorism Laws: Balancing Security and Human Rights, 34 Pace L.Rev. 1190 (2014)
- Kim Lane Scheppele, Law in a Time of Emergency: States of Exception and the Temptations of 9/11, 6 J. of Constitutional Law 1001 (2004)
- Tim Stahlbert and Hening Lahmann, A Paradigm of Prevention: Humpty Dumpty, the War on Terror, and the Power of Preventive Detention in the United States, Israel, and Europe, 59 Am. J. Comp. L. 1051 (2011)
- Colin Warbrick, The European Response to Terrorism in an Age of Human Rights, 15 Eur. J. Int'l L. 989 (2004)
- Council of Europe
- European Parliament, Freedom, Security and Justice
- European Union, Fight Against Terrorism
- Fondation Robert Schumann, The European Union and the fight to counter terrorism
- Independent Reviewer of Terrorism Legislation, Brexit: the security dimension (March 3, 2016)
- Electronic Privacy Information Center (on USA PATRIOT Act)
- Kenneth Roth, "The Law of War in the War on Terror", Foreign Affairs, Jan-Feb. 2004
- John Yoo, "Behind the 'Torture Memos'", Mercury News, Jan. 2, 2005
- Alexis Markels, "Will Terrorism Rewrite the Laws of War?", NPR, Dec. 6, 2005
- Daniel Moon, "The Geneva Conventions, POWs, and the War on Terrorism", 1 Strategic Insights (Sept. 2002)
- Library of Congress, Crimes of War Project, Washington, DC
- Council of Europe, Findings: Enemy Combatants and the Geneva Conventions
- Center for American Progress, Washington, DC, Memorandum on the Geneva Conventions (significance for safety of U.S. troops) (May18, 2004)
- Anthony Dwarkin, "Rethinking the Geneva Conventions", Global Policy Forum, Jan. 30, 2003
- Human Rights Watch, On the requirements of the Geneva Conventions, Jan. 28, 2002
Please Note: Proposals for revision of the Geneva Conventions need to take account of the number of independent states created since the 1951 Convention and the 1967 Protocol were drafted, ratified and became part of the body of international law. Many of these new States will have no wish to further the interests of those older States that are the traditional destinations for asylum seekers. Legal systems of Member States of the Council of Europe bound by the European Convention on Human Rights and Fundamental Freedoms are challenged to incorporate and coordinate rights attributable to individuals by the two systems. Thus: UK Human Rights Act 1998
Statutes and Bills; Legislative Projects; Commentaries: (Selection based on on-line availability and provided as examples, not an exhaustive survey)
- Loi relative à la lutte contre le blanchiment d'argent et le financement du terrorisme
- El Moudjahid: Projet de loi portant code pénal: Le terrorisme transnational pris en compte
- Loi no. 15-06 du 25 Rabie Ethani 1436 correspondant au 15 février 2015 modifiant et complétant la loi no. 05-01 du 27 Dhou El Hidja 1425 correspondant au 6 février 2005 relative à la prévention et la lutte contre le blanchiment d'argent et le financement du terrorisme.
- Argentina Law 26268 (in English)
- Terrorism in South America with a Special Consideration of Argentina, Chile and Colombia
- The Argentina Independent, Anti-Terrorism Law Causes Rights Concerns
- Argentina: Overview on Argentina Anti Money Laundering (AML) And Combating Terrorist Financing (CFT) Situation
- Attorney-General's Dept. Australia's counter-terrorism laws
- Christopher Michaelson, "Australia's Antiterrorism Laws Lack Adequate Oversight Mechanisms" (PDF)
- Jenny Hocking, The Anti-Terrorism Bill (No 2) 2005: When scrutiny, secrecy and security collide (November 2005)
- Michael Kirby, "Terrorism and the Democratic Response: A Tribute to the European Court of Human Rights", 2004 Schuman Lecture
- New South Wales, Crimes Legislation Amendment (Terrorism) Bill 2004
- Anti-Terror Laws in Belgium Counterprodeuctive
- The two faces of counter-terrorism measures: fundamental rights and freedoms pressurized by counter-terrorism measures
- Proposition de loi complétant le livre II, titre Iter, du Code pénal en vue de réprimer l'incitation au ou l'apologie du terrorisme
- Loi visant à renforcer la lutte contre le terrorisme (2015)
- Law of 11 January 1993 on preventing use of the financial system for purposes of money laundering and terrorist financing
- La Belgique mieux armée dans la lutte contre le terrorisme (2004)
- Un projet de loi «antiterroriste» hâtif et liberticide
- Terrorisme: un projet de loi controversé (law firm comment, 2014)
- LOC Global Legal Monitor: New Anti-Terrorism Law Enacted (2016)
- Understood But Undefined: Why Do Argentina and Brazil Resist Criminalising Terrorism?
- Bill C-51
- Anti-terrorism Act, S.C. 2001, c. 41
- Canadian Civil Liberties Association
- Anti-terrorism activities (Building Resilience Against Terrorism: Canada's Counter-Terrorism Strategy)
- The Misuse of Terrorism Prosecution in Chile: The Need for Discrete Consideration of Minority and Indigenous Group Treatment in Rule of Law Analyses
- IC Magazine: Inter-American Court of Human Rights Orders Chile to Annul Sentences Under Anti-Terrorist Law
- Panama Post: Ghosts of the Past Tie Chile's Hands when Confronting Terrorism
- Translation: Counter-Terrorism Law 2015
- The Diplomat, China's Comprehensive Counter-Terrorism Law (2015)
- Atlantic Council: Egypt's Anti-terror Law (translation)
- Human Rights Watch: Egypt's Counter-terrorism Law Erodes Basic Rights
- Legislation Online
- Code pénal : le terrorisme
- Exposé des motifs
- Rapport par Alain Marsaud
- Amendements déposés sur le texte No. 2615
- Dossier législatif
- Loi autorisant la ratification de la convention internationale pour la répression du financement du terrorisme
- "Loi relative à la lutte contre le terrorisme et portant dispositions diverses relatives à la sécurité et aux contrôles frontaliers" (2006)
- Communiqué commun LDH, SM, SAF, DELIS, IRIS, Antivideo-IDF - Nov. 23, 2005
- Chatham House, Legislating Against Terrorism - The French Approach
- Liberty & Security comment (2006)
- Human Rights Watch comment (2005)
- Human Rights Watch, France: Counterterrorism Bill Threatens Rights
- Rapport d'information
- Library of Congress, FALQs: Terrorism in France (2015)
- West Point, The French Approach to Counterterrorism
- Foreign Policy, How the French Fight Terror
- Case law, Conseil constitutionnel Decision No. 86-213 DC, Sept. 3, 1986, "Loi relative à la lutte contre le terrorisme et aux atteintes à la sûreté de l'Etat"
- Advocate General's opinion
- Analyzed here
- Comparison of French and Irish counter-terrorism jurisdictional issues
- Revue de l'actualité juridique française
- Legislation Online
- Ministry of the Interior, Counter-terrorism
- Die Zeit, Politik (in German)
- Gibt es Recht in Terrorismus (lecture, Leipzig Univ., Oct. 19, 2003) (PDF 120 Kb.)
- Die internationale Bekämpfung des Terrorismus mit Mitteln des Rechts: Erich Kussbach, Péter Pázmány Catholic University
- Terrorism as a Challenge for National and International Law - Security versus Liberty?, (Hrsg.) Ch. Walter, S. Vöneky, V. Röben, F. Schorkopf, Beiträge zum ausländischen öffentlichen Recht und Völkerrecht, Bd. 169. Springer Verlag, Heidelberg 2003.
- Government Regulation in Lieu of Law 1/2002
- Indonesia's New Anti-Terrorism Laws: Damned If You Do, Damned If You Don't
- Offences Against the State Act, 1939
- Offences Against the State (Amendment) Act, 1972
- Offences Against the State (Amendment) Act, 1985
- Offences Against the State (Amendment) Act, 1998
- Prevention of Terrorism Ordinance No 33 of 5708-1948
- Anti-Terror Law 2016 (eff. Nov. 1, 2016): Middle East Monitor analysis
- "The new law supersedes the Prevention of Terror Act 1948, the Prevention of Financing Terror Act 2005 and criminal procedures regarding the Detention of Suspects of Security Acts 2006. It also changes and modifies the articles of emergency orders which have been enforced since the British Mandate in 1945."
- Knesset Passes Sweeping Anti-terrorism Law
- Israel eyes law to remove online content inciting terrorism
- Knesset plenum passes anti-terrorism law (2016)
- The Israeli Prevention of Terrorism Ordinance and its Impact on the Quality of Democracy
- Shurat Hadin: Israel Law Center
- Antiterrorismo: la nuova legge, ecco le norme principali
- D.L. 7/2015 Lotta al terrorismo e missioni internazionali
- Atto Senato n. 1854
- Misure anti-terrorismo, la risposta legislativa italiana (2015)
- 2014-2017 National Action Plan for the Implementation of United Nations Security Council Resolution 1540 (2004) (on dealing with weapons of mass destruction)
- Open Security
- Zapata v HSBC Holdings Plc
- Redefining Terrorism: Why Mexican Drug Trafficking is More than Just Organized Crime
- El delito de terrorismo a nivel nacional e internacional
- México y el debate internacional sobre el terrorismo - UNAM
- Reflections on Terrorism
- Drug cartels
- Counter-Terrorism Action Plan
- Redefining Terrorism: Why Mexican Drug Trafficking is More than Just Organized Crime
- The Nation: Legal framework for the prevention of terrorism in Nigeria
- Legal Responses to the Boko Haram Challenge: An Assessment of Nigeria's Terrorism (Prevention) Act, 2011
- Terrorism Prevention Act, 2011
- IMF: Panama: Detailed Assessment Report-FATF Recommendations for Anti-Money Laundering and Combating the Financing of Terrorism
- American Banker: Terror Attacks, Panama Papers Show Cracks in Post-9/11 Monitoring
- Anti-terrorism policy
- Inside Republic Act 9372 (Human Security Act of 2007)
- "United Nations, the International Rule of Law and Terrorism" (PDF)
- Philippines Terrorism: The role of militant Islamic converts (International Crisis Group, Dec. 2005) (PDF)
- USCIRF Condemns Enactment of Anti-Terrorism Laws
- A New Anti-Terrorist Law in Russia: Feeding the Insurgency Through Corruption and Police Abuses
- Jewish Policy Center: Russian Counterterrorism Policy
- African Security Review Vol 14 No 4, 200
- Annette Hubschle, Commentary: South Africa's Anti-Terror Law, 14 African Security Review 105 (2005)
- Text of Anti-Terrorism Bill, 2002
- Prevention of Money Laundering and Terrorist Financing Act (2010)
- European Response to Terrorism: The Cases of Spain and Slovakia
- Terrorism in the Basque Country: Violations and Protections of Human Rights (2012)
- Ley Orgánica 2/2015, de 30 de marzo, por la que se modifica la Ley Orgánica 10/1995, de 23 de noviembre, del Código Penal, en materia de delitos de terrorismo
- Los delitos de terrorismo en el Código Penal Español. La nueva regulación introducida por la Ley Orgánica 2/2015
- Legislación antiterrorista en España (2003)
- Ley Orgánica 4/2003, de 21 de mayo, complementaria de la Ley de prevención y bloqueo de la financiación del terrorismo
- Derechos (bills, international instruments; in Spanish)
- El Mundo, Madrid train bombing, March 11, 2004
- Penal Code, Financement du terrorisme Art. 260quinquies
- Federal Act on Combating Money Laundering and Terrorist Financing
- Countering Terrorism
- Mesures de lutte prises par la Suisse contre le terrorisme à motivation djihadiste (2015)
- Council of Europe critique
- LegislationOnline: Turkey
- Anti-Terror Law Act No 3713; pub. 12 April 1991
- Turkey; United Nations: Criticism of Anti-Terrorism Laws
- Turkey: Council of Europe Committee of Experts on Terrorism (CODEXTER): Profiles on Anti-terrorist capacity
- Law on the fight against terrorism, VVR, 2003, N 25, st.180
- Council of Europe, Ukraine Profile on Counter-Terrorist Capacity
- Immigration, Asylum and Nationality Act 2006
- Clive Walker, The Treatment of Foreign Terror Suspects, 70 Mod.L.Rev. 427 (2007) (analysis of statute and policy)
- Counterterrorism and Security Act (2015)
- Law Society, briefings (2005)
- Liberty, Overview of Terrorism Legislation
- Prevention of Terrorism Act (2005) (repealed)
- Terorism Act 2006 (Home Office description)
- Graham Turnbull Lecture, 17 May 2016, "Terrorism and the Law"
- Statewatch, Parliamentary human rights papers
- Prevention of Terrorism Bill, explanatory notes
- Cryptome, archived documents (2005)
- Amnesty International, Briefing on the Terrorism Bill (2000)
- Human Rights Watch, Terrorism Bill 2005
- Liberty, terrorism
- Wikipedia, Terrorism Bill 2005
- "Public Whip" Parliamentary voting data
- LOC Thomas, terror legislation
- Public Law No: 107-56, 115 Stat. 271, USA PATRIOT Act, H.R. 3162
- Epic, Electronic Privacy Information Center, Counter-terrorism proposals
- Epic, USA PATRIOT Act
- ACLU, terrorism law
- Findlaw, Terrorism risk insurance act of 2002
- Cornell Law School, LII Backgrounder on Terrorism Law
- On the conflation of the Iraq war and terrorism:
- L'empire contre Iraq, Le Monde Diplomatique dossier ("Une guerre sans fin contre l'Irak") (in French)
- Leila Sadat, Terrorism and the Rule of Law (abstract; UN issues)
- "Find Articles"
- GPO Bookstore
- Library of Congress: Thomas
- "Resource Shelf" (ceased publication, 2016; earlier material archived)
- US Mission to the United Nations
- Peace Palace Library, The Hague
- International Committee of the Red Cross
- Biblioteca Jurídica Virtual (Mexican, in Spanish)
- US Department of State
- Congressional Research Service: Federation of American Scientists archive
- CRS, State Department FOIA archive
- CRS, Federation of American Scientists archive
- U.S. Department of State, Report on Foreign Terrorist Organizations
- U.S. Department of State, Patterns of Global Terrorism - "Bad data forces change in terrorism report" (2004)
- U.S. Joint Chiefs of Staff, National Military Strategy of the United States of America 2004; 2015 version
- 9/11 responses (2001)
- UK: Legislation against terrorism: a consultation paper (Dec. 1998)
- Henry C. Lieu, "World Order, Failed States and Terrorism", Asia Times, Feb. 2004
- Federation for American Immigration Reform, "Chronology of Terror" (anti-immigration lobby group)
- Abraham D. Sofaer, former Legal Advisor, U.S. Department of State, Hoover Institution Newsletter, Winter 2002, "Time to stop playing games with terrorists" ("It requires a shift from responding to terrorist attacks as ordinary crimes to using military force wherever and whenever necessary to prevent attacks.") See also "On the Necessity of Pre-emption" 14 Eur. J. Int'l L. 109 (2003)
- Simon Chesterman, "Just War or Just Peace After September 11", 37 J. Int'l L. & Politics 281 (2005)
- Review of Benjamin and Simon, "Are We Safer?", N.Y. Rev. of Books, Mar. 9, 2006
- William Blum, Rogue State (2000), excerpts from book; San Francisco Chronicle article
- Jerusalem Media and Communications Centre
- Middle East Media and Research Institute
- Anglo-American Committee of Inquiry, Palestine 1916-1999
- Gershom Gorenberg, "Israel's Tragedy Foretold", N.Y. Times, Mar. 10, 2006 (legal issues regarding West Bank settlements)
- Michael Weiss, "Hamas Isn't the IRA", Slate, Sept. 17, 2010
 See the writings of Ernest Gellner and Benedict Anderson.
 Yoav Gelber, Palestine 1948 War, Escape and the Emergence of the Palestinian Refugee Problem, at 298-302 (2001). The European - and Israeli - expectation is compromise and concession; the Palestinian is "justice" without regard to compromise or counterclaim and this without regard to issues of security.
 N.Y. Times editorial, "The Judges Made Them Do It", Apr. 6, 2005; Gina Holland, "Ginsburg Reveals Details of Threat", Washington Post/AP, Mar. 15, 2006; Washington Post, Charles Lane, "Ginsburg Faults GOP Critics, Cites a Threat From 'Fringe'", Washington Post, Mar. 17, 2006, p. A03.
 On this see Stelio Séfériadès, "L'échange des populations", 25 Rec. des cours 307 (1928-IV).
 Jean S. Saba, L'Islam et la nationalité (1931); Paul Ghali, Les Nationalités détachées de l'Empire Ottoman à la suite de la Guerre (1934); Abdelouahed Belkeziz, La Nationalité dans les Etats arabes (1963); Bruce Maddy-Weitzman, The Crystallization of the Arab State System, 1945-1954 (1993).
 See Frances FitzGerald, Fire in the Lake: The Vietnamese and the Americans in Vietnam (1972).
 Afghanistan Watch: "Iraq tactics hit Afghanistan" (2005); Greg Sanders, Review Digest: Human Rights and the War on Terror: Afghanistan (Univ. of Denver).
 Sean D. Murphy, ed., Terrorist Attacks on World Trade Center and Pentagon, 96 Am. J. Int'l L. 237 (2002); The National Commission on Terrorist Attacks Upon the United States, 9/11 Commission Report (2004).
 An erosion of human, civil and even political rights may be counted among these.
 Menahem Begin (and see: Jean Shaoul, "Terrorism and the Origins of Israel" ("World Socialist Web Site"; repeating an essay that appears on numerous anti-Zionist, anti-Israel and anti-Semitic Web sites)); Yassir Arafat (but see: "The Nobel After Arafat"); Gerry Adams; Nelson Mandela (Umkhonto we Sizwe; see also Wikipedia's account).
 The issues decided by cited judgments may be peripheral to terrorism as a research subject; they are included for illustrative purposes. Few decisions address the definition of "terrorism" as such, and indeed black-letter law can only punish specific acts and deeds. See Humanitarian Law Project v. U.S. Dep't of Justice, 380 F.Supp.2d 1134 (C.D. Cal. 2005). 18 U.S.C. § 23339B(g)(6) provides: "'terrorist organization' means an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act": in other words, an organization so designated from time to time by the Secretary of State.
 Apparently nonpartisan, but with a stated agenda "to support the defense of democratic societies under assault by terrorism and Militant Islamism."
 Blackmer v. United States, 284 U.S. 421, 437 (1932) (Writ of certiorari; fines imposed on a U.S. citizen resident in France for disobeying a subpoena to testify in a criminal case). For background on Henry Blackmer, see "Cripple Creek History". The case attracted substantial contemporary interest in France, and a book: Albert Gouffre de Lapradelle, Affaire Henry M. Blackmer extradition (1929).
 Bob Woffinden, Miscarriages of Justice (1987); Jessica Blanc and Erc Jenses, The Exonerated. Referred to in the latter play is the convictions of Sonia Jacobs (Jacobs v. Singletary, 952 F.2d 1282 (11th Cir. 1992)). See also Northwestern Law School Center on Wrongful Convictions
 Adam Liptak, "Serving Life, With No Chance of Redemption", N.Y. Times, Oct. 5, 2005; Adam Liptak, "To More Inmates, Life Term Means Dying Behind Bars", N.Y. Times, Oct. 2, 2005.
 See the work of Gilles Kepel and Bernard Lewis, and Navil Mouline, The Clerics of Islam: Religious Authority and Political Power in Saudi Arabia (Yale U.P. 2014), especially Chapter 9.
 The author was petroleum attaché ("regional resources officer") at the U.S. Embassy in Tehran on Nov. 4, 1979 but fortuitously escaped being taken hostage. There had been a similar demonstration a few days earlier which was defused. Classified exchanges between the Embassy and Washington on the issue of giving the Shah a visa was included by the Embassy attackers among many purloined cables published as "Documents from the nest of spies".
 DEBKAfile, "Murder Gun Betrays Greek Terror Group after 27 Years"; "Terror suspect says he murdered British envoy" Scotsman, July 19, 2002.
 Celia W. Dugger, "Asylum Rules Protect Both U.S. Allied and Adversaries, I.N.S. Says", New York Times, Aug. 5, 1997.
 See below, "Status and Immigration".
 See note 50.
 "War" must be in the figurative sense, since the "enemy" remains undefined except in the imagination. This creates a problem in purporting to apply (or not) the laws of war. There is, in any case, an asymmetry and a risk of the "war" degenerating into a typical colonial conflict. In Padilla v. Rumsfeld, 352 F.3d 695 (2d Cir. 2003) the Second Circuit had to address whether the President has "inherent power" to detain a suspected or presumed enemy combatant "for the duration of armed conflict". That the conflict is with a non-sovereign enemy without corporate existence or centralized power structure was not addressed, but the possibility of its indefinite duration was.
 And, potentially, the insurance coverage of unlicensed drivers. The misrepresentation issue is addressed in a few cases including Perez v. Ohio Casualty Ins. Co., 2005 WL 2363828 (N.J. Super.) and State Farm Ins. Co. v. Sabato, 767 A.2d 485 (N.J. Super. 2001).
 Nina Bernstein, "Seized with Heavy Hand at Border, For Paperwork Errors", N.Y. Times, Feb. 10, 2006.
 See a string of European Court of Justice cases severely limiting the right of member states to exclude European citizens, notably R. v. Pieck,  E.C.R. 2171 (lack of residence permit) and Van Duyn v. Home Office,  E.C.R. 1337 (staff member of Church of Scientology), Adoui & Cornuaille v. Belgium,  E.C.R. 1665 (prostitution).
 Already the exercise of family reunification claims have been hindered: the issuance of K (fiancé(e)) visas and immigrant visas for spouses and immediate family are subject to strict conditions and some delay. USCIS "How do I bring my fiancé(e) to the United States?" (with links to relevant U.S. Code and C.F.R. provisions).
 The Convention Relating to the Status of Stateless Persons copies it nearly verbatim.
 Reported in N.Y. Times: March 27, 1951, pp. 1, 18; Nov. 2, p. 11; Nov. 3, pp. 1 & 5; Nov. 4, p. 42; Ellen Raphael Knauff, The Ellen Knauff Story (1952), includes the text of the Board's 29 Aug. 1951 judgment in Case No. A-6937471 and the Attorney General's decision of Nov. 2 approving the grant of immigrant status leading to naturalization.
 The issue here may be more serious than many would assume. Assimilating in-your-face dissent and eccentricity to support of terrorism, or using laws, deliberately vague and open-ended and designed to thwart terror against passive dissenters, may deny the government a consensus for measures necessarily questionable in terms of human rights because they are aimed at presumed planners of terrorist acts and their supporters. Compare the more general issue of suppressing public dissent in the presence of policymakers, e.g. the January 31, 2006 Cindy Sheehan T-shirt incident: CNN report; Sheehan (Truthout).
 The following trafficking cases were motivated by greed, not terrorism: United States v. Trapilo, 130 F.3d 547 (2d Cir. 1997) ("We therefore hold that a scheme to defraud the Canadian government of tax revenue is cognizable under the federal wire fraud statute, 18 U.S.C. §§ 1343, and reverse the order of the district court that dismissed the indictment alleging a money-laundering conspiracy in violation of 18 U.S.C. §§ 1956"); similarly, United States v. Pasquantino, 336 F.3d 321 (4th Cir. 2003); contra, United States v. Boots, 80 F.3d 580 (1st Cir. 1996), cert. denied 519 U.S. 905 (1996).
 For background see Clive Parry, British Nationality Law and the History of Naturalisation (1954).
 Speech of President Mohammad Khatami to Iranian-Americans at the United Nations, 20 Sept. 1998, reported by Associated Press, 20 Sept. at 16.25 EDT.
 B. (R.) v. Children's Aid,  1 S.C.R. 315 (transfusion for infant); Re Jensen, (1976) 67 D.L.R.(3d) 514, 69 I.L.R. 194 (naturalisation oath); Roncarelli v. Duplessis,  S.C.R. 121 (use of public facilities); Watch Tower Bible and Tract Society v. Mount Roskill Borough,  N.Z.L.R. 1236 (S.Ct.) (reversing finding of "subversive"); Walsh v. Lord Advocate,  1 W.L.R. 1002 (H.L.) (conscription); Adelaide Company of Jehovah's Witnesses v. Commonwealth,  67 C.L.R. 116 (H.C. Australia) (prejudicial to conduct of war).
 Van Duyn v. Home Office,  E.C.R. 1337, upon reference in  1 W.L.R. 1107 (Ch. Div.); Hubbard v. Vosper,  2 Q.B. 84; Church of the New Faith v. Commissioner for Pay-roll Tax, (1983) 49 A.L.R. 65 (H.C. Australia); Church of Scientology v. Sweden, ECHR, 14 July 1980, R. & D., vol. 21, p. 109, Application No. 8282/78.
 See note 67 above.
 Thus: Lucy E. Salyer, Laws Harsh as Tigers: Chinese Immigrants and the Shaping of Modern Immigration Law (1995).
 Robert Fisk, "Exodus: Christians of the Arab World Flee Their Biblical Homeland", Independent, Sept. 24, 1997, p. 11.
 Tara Lewelling, "Exploring Muslim Diaspora Communities in Europe through a Social Movement Lens: Some Initial Thoughts", 4 Strategic Insights (May 2005 Naval Postgraduate School, Center for Contemporary Conflict, (PDF 80Kb.).
 See the references under "Relgioin and Terrorism".
 Thus: The Kach movement of Rabbi Meyer Kahane, Jewish Virtual Library; Center for Defense Information (2002); India: B. Raman, "Terrorism: India's Unending War", Rediff, April 4, 2003 and see: "Moneylaundering and the financial support of terrorism" above. The support of extremist Islamic centers abroad by sometimes outwardly "moderate" Saudi donors is well known: Washington Institute for Near East Policy, "Subversion from within: Saudi funding of extremist groups in the United States" (2003); Aspen Institute Berlin, Interview with Irshad Manji, Steven Emerson and Gilles Kepel (undated, probably 2005).
 Yoginder Sikand, Pakistan, Islam and Indian media stereotypes, Daily Times (Pakistan), Feb. 3, 2006.
 Samuel Brittan reviewing Samuel P. Hungtington, The Clash of Civilizations (2002). See also Niall Ferguson, "The crash of civilizations", Los Angeles Times, Feb. 27, 2006 and Samuel P. Huntington, "The Clash of Civilizations?", 72 Foreign Affairs 22(Summer 1993).
 George W. Pring and Penelope Canan, SLAPPs: Getting Sued for Speaking Out (1996). Several bibliographies and analyses can be found with a search engine.
 The case may hold lessons for those charged with distinguishing harmless propaganda from incipient terrorism. One remarkable point of the judgment was that McDonalds (who seemed to be claiming that it was being terrorized by defamatory leafleting) was libeled because they were said to be depleting the rain forests when in fact their agricultural demands are affecting Latin American forests. The defendants speak the language of anarchists, but only the plaintiffs seem to have seen them as terrorists. This writer attended part of the trial.
 "'[T]he proposals contained in this draft shall be binding [when] ... State terrorism against Libya shall end, there shall be a halt to threats and provocations against it'", quoting a letter from representatives of the Libyan Government, in Smith v. Socialist People's Libyan Arab Jamahiriya, 886 F.Supp. 306, 314 (E.D.N.Y. 1995).
 "Europe's last dictatorship? Just grin and bear it", Economist, Mar. 20, 2006. When this writer was at the National Library of Belarus in Minsk on a legal documentation project some years ago, he was astonished to find missing from the law library shelves certain numbers of the second series of the Official Gazette. He was advised that these had been suppressed by the Presidency. There are a few, but not many, governments that enforce unpublished laws and regulations.
 Mr. Justice Lawrence Collins, mentioned in this and the following article, is the general editor of Dicey & Morris on the Conflict of Laws and writer of many books and articles on private international law, pre-judgment remedies, European law and other legal subjects, including, recently, "Comity in Modern Private International Law", in James Fawcett, ed., Reform and Development of Private International Law, Essays in Honour of Sir Peter North 89 (2002). Not addressed in that article is the denial of comity to the ruling of a court in a terrorist state or corrupt legal system: Bank Melli Iran v. Pahlavi, 58 F.3d 1406 (Iran); Roxas v. Marcos, 89 Haw. 91, 969 P.2d 1209 (1998) (Philippines); cf. Muduroglu Ltd. v. T.C Ziraat Bankasi,  Q.B. 1226 (Ct. App.) (Libya; forum non conveniens); Bridgeway Corp. v. Citibank, 201 F.3d 134 (2d Cir. 2000) (Liberia; civil war, corruption); Rockwell Int'l Systems, Inc. v. Citibank, N.A., 719 F.2d 583 (2d Cir. 1983) (letter of credit case; post-revolutionary Iranian judicial system incapable of affording an adequate remedy); Corporacion Salvadorena de Calzado, S.A. v. Injection Corp., 533 F.Supp. 290 (S.D.Fla. 1982) (due process; failure to abide by procedural rules of Salvadoran law).
 Sayyid Qutb; David Von Drehle, "How an Egyptian student came to study 1950s America and left determined to wage holy war" Smithsonian, Feb. 2006; Wikipedia; Ashland University Ashbrook Center, "The Thought of Sayyid Qutb"; Milestones ("Ma'alim fi'l Tariq") (1965) (and at several other Internet sites).