Appendix 1: Definitions of Terrorism
THE PATRIOT ACT
The PATRIOT ACT of 2001 uses the term ‘terrorism’ that is defined by Title 18 Chapter 113B, Section 2331 of the United States Code and amends it to include the following:
- DOMESTIC TERRORISM DEFINED- Section 2331 of title 18, United States Code, is amended–
(1) in paragraph (1)(B)(iii), by striking `by assassination or kidnapping’ and inserting `by mass destruction, assassination, or kidnapping’;
(2) in paragraph (3), by striking `and’;
(3) in paragraph (4), by striking the period at the end and inserting `; and’; and
(4) by adding at the end the following:
(5) the term `domestic terrorism’ means activities that–
(A) involve acts dangerous to human life that are a violation of the criminal laws of theUnited Statesor of any State;
(B) appear to be intended–
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
(C) occur primarily within the territorial jurisdiction of the United States.’.
(b) CONFORMING AMENDMENT- Section 3077(1) of title 18, United States Code, is amended to read as follows:
(1) `act of terrorism’ means an act of domestic or international terrorism as defined in section 2331;’
DEPARTMENT OF HOMELAND SECURITY: Sec. 2 Art. 15
The term ‘‘terrorism’’ means any activity that—
(A) involves an act that—
(i) is dangerous to human life or potentially
destructive of critical infrastructure or key resources; and
(ii) is a violation of the criminal laws of the United
States or of any State or other subdivision of theUnited States; and
(B) appears to be intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping.
DEPARTMENT OF JUSTICE:
U.S. Code Of Regulations- Title 28 Section 0.85 in conjunction with Title 18 Chapter 113B, Section 2331 of the United States Code
The FBI uses the definition of terrorism provided by – Title 28 Section 0.85 which states:
“the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives”
Yet, the FBI makes a distinction between domestic and international terrorism:
- “Domestic terrorism is the unlawful use, or threatened use, of force or violence by a group or individual based and operating entirely within the United States or Puerto Rico without foreign direction committed against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof in furtherance of political or social objectives.”
- “International terrorism involves violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or any state, or that would be a criminal violation if committed within the jurisdiction of the United States or any state. These acts appear to be intended to intimidate or coerce a civilian population, influence the policy of a government by intimidation or coercion, or affect the conduct of a government by assassination or kidnapping. International terrorist acts occur outside the United States or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to coerce or intimidate, or the locale in which their perpetrators operate or seek asylum.”
DEPARTMENT OF STATE
The D.O.S has used the same definition since 1983: Title 22 of the United States Code, Section2656f(d)
(1) the term “international terrorism” means terrorism involving citizens or the territory of more than 1 country;
(2) the term “terrorism” means premeditated, politically motivated violence perpetrated against noncombatant* targets by subnational groups or clandestine agents;
(3) the term “terrorist group” means any group practicing, or which has significant subgroups which practice, international terrorism;
(4) the terms “territory” and “territory of the country” mean the land, waters, and airspace of the country; and
(5) the terms “terrorist sanctuary” and “sanctuary” mean an area in the territory of the country—
(A) that is used by a terrorist or terrorist organization—
(i) to carry out terrorist activities, including training, fundraising, financing, and recruitment; or
(ii) as a transit point; and
(B) the government of which expressly consents to, or with knowledge, allows, tolerates, or disregards such use of its territory and is not subject to a determination under—
(i) section 2405(j)(1)(A) of the Appendix to title 50;
(ii) section 2371(a) of this title; or
(iii) section 2780(d) of this title.
Ø * For purposes of this definition, the term “noncombatant” is interpreted to include, in addition to civilians, military personnel who at the time of the incident are unarmed or not on duty. We [Dept of State] also consider as acts of terrorism attacks on military installations or on armed military personnel when a state of military hostilities does not exist at the site, such as bombings against US bases in Europe, the Philippines, or elsewhere.
DEPARTMENT OF DEFENSE (DOD):
According to the D.O.D Joint Publications of17 March 1998, the D.O.D classified terrorism as:
- “The calculated use of unlawful violence or threat of unlawful violence to inculcate fear; intended to coerce or to intimidate governments or societies in the pursuit of goals that are generally political, religious, or ideological.”
CENTRAL INTELLIGENCE AGENCY (CIA):
According to the C.I.A., they follow the same definition for terrorism as the D.O.S. – Title 22 of the United States Code, Section2656f(d) (see D.O.S. definition)
The Anti-Terrorism Act which isCanada’s first anti-terror legislation and defines terrorism entered into the Canadian Criminal Code onDec. 18, 2001. The Anti-Terror act states in Bill C-36:
`terrorist activity” means
- (a) an act or omission that is committed in or outside Canada and that, if committed in Canada, is one of the following offences:
- (i) the offences referred to in subsection 7(2) that implement the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on December 16, 1970,
- (ii) the offences referred to in subsection 7(2) that implement the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on September 23, 1971,
- (iii) the offences referred to in subsection 7(3) that implement the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on December 14, 1973,
- (iv) the offences referred to in subsection 7(3.1) that implement the International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on December 17, 1979,
- (v) the offences referred to in subsection 7(3.4) or (3.6) that implement the Convention on the Physical Protection of Nuclear Material, done at Vienna and New York on March 3, 1980,
- (vi) the offences referred to in subsection 7(2) that implement the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on February 24, 1988,
- (vii) the offences referred to in subsection 7(2.1) that implement the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on March 10, 1988,
- (viii) the offences referred to in subsection 7(2.1) or (2.2) that implement the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on March 10, 1988,
- (ix) the offences referred to in subsection 7(3.72) that implement the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on December 15, 1997, and
- (x) the offences referred to in subsection 7(3.73) that implement the International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on December 9, 1999, or
- (b) an act or omission, in or outside Canada,
- (i) that is committed
- (A) in whole or in part for a political, religious or ideological purpose, objective or cause, and
- (B) in whole or in part with the intention of intimidating the public, or a segment of the public, with regard to its security, including its economic security, or compelling a person, a government or a domestic or an international organization to do or to refrain from doing any act, whether the public or the person, government or organization is inside or outside Canada, and
- (ii) that intentionally
- (A) causes death or serious bodily harm to a person by the use of violence,
- (B) endangers a person’s life,
- (C) causes a serious risk to the health or safety of the public or any segment of the public,
- (D) causes substantial property damage, whether to public or private property, if causing such damage is likely to result in the conduct or harm referred to in any of clauses (A) to (C), or
- (E) causes serious interference with or serious disruption of an essential service, facility or system, whether public or private, other than as a result of advocacy, protest, dissent or stoppage of work that is not intended to result in the conduct or harm referred to in any of clauses (A) to (C),
- and includes a conspiracy, attempt or threat to commit any such act or omission, or being an accessory after the fact or counselling in relation to any such act or omission, but, for greater certainty, does not include an act or omission that is committed during an armed conflict and that, at the time and in the place of its commission, is in accordance with customary international law or conventional international law applicable to the conflict, or the activities undertaken by military forces of a state in the exercise of their official duties, to the extent that those activities are governed by other rules of international law.
July 20th 2000, theUnited Kingdom revised their anti-terror legislation and created the Terrorism Act 2000. Here the definition of terrorism is proposed to be:
- 1. –(1)In this Act “terrorism” means the use or threat of action where-
(a) the action falls within subsection (2),
(b) the use or threat is designed to influence the government or to intimidate the public or
a section of the public, and
(c) the use or threat is made for the purpose of advancing a political, religious or
(2) Action falls within this subsection if it—
(a) involves serious violence against a person,
(b) involves serious damage to property,
(c) endangers a person’s life, other than that of the person committing the action,
(d) creates a serious risk to the health or safety of the public or a section of the public, or
(e) is designed seriously to interfere with or seriously to disrupt an electronic system.
(3) The use or threat of action falling within subsection (2) which involves the use of
firearms or explosives is terrorism whether or not subsection (1)(b) is satisfied.
Australiaas a Common Wealth nation has enacted several anti terror legislation, but the most recent has been the Security Legislation Amendment (Terrorism) Act (2002). This act has amended the Australian Criminal Code of 1995.
Terrorism is defined as:
- an action or threat of action that causes serious physical harm or death to a person, or endangers a person’s life or involves serious risk to public health or safety, serious damage to property or serious interference with essential electronic systems; and
- the action is done or threat is made with the intention of advancing a political, religious or ideological cause and to coerce or influence by intimidation an Australian or foreign government or intimidate the public or a section of the public.
The French Penal Code, Article 421 Sec.1-5 discuss the types of terrorist acts as:
- Act no. 2001-1062 of 15 November 2001 Article 33 Official Journal 16 November 2001)
The following offences constitute acts of terrorism where they are committed intentionally in connection with an individual or collective undertaking the purpose of which is seriously to disturb public order through intimidation or terror:
1° willful attacks on life, willful attacks on the physical integrity of persons, abduction and unlawful detention and also as the hijacking of planes, vessels or any other means of transport, defined by Book II of the present Code;
2° theft, extortion, destruction, defacement and damage, and also computer offences, as defined under Book III of the present Code;
3° offences committed by combat organizations and disbanded movements as defined under articles 431-13 to 431-17, and the offences set out under articles 434-6, 441-2 to 441-5;
4° the production or keeping of machines, dangerous or explosive devices, set out under article 3 of the Act of 19, June 1871 which repealed the Decree of 4 September 1870 on the production of military grade weapons;
– the production, sale, import or export of explosive substances as defined by article 6 of the Act no. 70-575 of 3 July 1970 amending the regulations governing explosive powders and substances;
– the purchase, keeping, transport or unlawful carrying of explosive substances or of devices made with such explosive substances, as defined by article 38 of the Ordinance of 18 April 1939 defining the regulations governing military equipment, weapons and ammunition;
– the detention, carrying, and transport of weapons and ammunition falling under the first and fourth categories defined by articles 4, 28, 31 and 32 of the aforementioned Ordinance;
– the offences defined by articles 1 and 4 of the Act no. 72-467 of 9 June 1972 forbidding the designing, production, keeping, stocking, purchase or sale of biological or toxin-based weapons;
– the offences referred to under articles 58 to 63 of the Act no. 98-467 of 17 June 1998 on the application of the Convention of the 13 January 1993 on the prohibition of developing, producing, stocking and use of chemical weapons and on their destruction;
Germany’s Criminal Code was last amended in 2009, but has had anti- terror legislation since the 1970’s. Article 129(a) deals with domestic terrorism; Article 129(b) deals with foreign terror organizations
(1) Whosoever forms an organization whose aims or activities are directed at the commission of
- murder under specific aggravating circumstances (section 211), murder (section 212) or genocide (section 6 of the Code of International Criminal Law) or a crime against humanity (section 7 of the Code of International Criminal Law) or a war crime (section 8, section 9, section 10, section11 or section 12 of the Code of International Criminal Law); or
- crimes against personal liberty under section 239a or section 239b,
(2) The same penalty shall be incurred by any person who forms an organization whose aims or activities are directed at
- causing serious physical or mental harm to another person, namely within the ambit of section 226,
- committing offences under section 303b, section 305, section 305a or offences endangering the general public under sections 306 to 306c or section 307(1) to (3), section 308(1) to (4), section 309(1) to (5), section 313, section 314 or section 315(1), (3) or (4), section 316b(1) or (3) or section 316c (1) to (3) or section 317(1),
- committing offences against the environment under section 330a(1) to (3),
- committing offences under the following provisions of the Weapons of War (Control) Act: section19 (1) to (3), section 20(1) or (2), section 20a(1) to (3), section 19 (2) No 2 or (3) No 2, section 20(1) or (2), or section 20a(1) to (3), in each case also in conjunction with section 21, or under section 22a(1) to (3) or 5. committing offences under section 51(1) to (3) of the Weapons Act; or by any person who participates in such a group as a member, if one of the offences stipulated in Nos 1 to 5 is intended to seriously intimidate the population, to unlawfully coerce a public authority or an international organisation through the use of force or the threat of the use of force, or to significantly impair or destroy the fundamental political, constitutional, economic or social structures of a state or an international organisation, and which, given the nature or consequences
InItalyanti- terror legislation has been created in the early 70’s due to domestic criminal activity. In 2001, new anti-terror legislation was passed yet, no distinct definition of terrorism was made. In 2005, new anti-terror legislation, Law 155 Article15 inthe Italian Criminal Code was passed and defined terrorism as:
- Conducts with the purpose of terrorism are all the conducts that, due their nature or context, can cause serious damage to a country or to an international organization and are committed in order to intimidate the population or force public authorities or international orginizations to perform or not to perform a given act, or to destabilize or destroy the fundamental policitcal, constitutional, economic and social structures of a country or of international organization, as well as any other conduct defined as terrorism, or committed for the purpose of terrorism, by conventions or other provisions of international law which are binding for Italy.
Spain does not have specific anti terror laws, but rather criminal laws that have been treated to fit terrorism as a form of aggravated crime. These crimes are mentioned in the Spanish Penal Code Article 571, passed in 1995 and then amended in 2000. The crimes which can be listed as terrorism are as follows:
that of belonging to, acting for the sake of, or collaborating with armed bands,
bodies or groups whose aim lies in subverting the constitutional order or in seriously altering public peace, by committing the following offences:
- Havoc or arson. It may be punished by 15-20 years prison penalty apart from the penalty that may be incurred if someone’s life or physical or mental integrity was damaged.
- Crimes injuring people, they may be punished by:
1º 20-30 years prison penalty if a person’s death is caused.
2º 15-20 years prison penalty if it involves loss of any organ, limb or sense; impotency; sterility; deformity; a very serious mental illness or kidnapping somebody.
10-15 year prison penalty when somebody is otherwise injured, illegally arrested or threatened. If the victim is a member of any of the State legal, governmental, military or police bodies, then the penalty will be increased by at least half of the normal penalty.
- Arms possession and stockpiling may be punished by 6-10 year prison penalty.
- Any other offence which is aimed at subverting the constitutional order or breaking the public peace. These offences may be punished by its corresponding penalty as established in the Spanish Criminal Code, increased by at least half of the normal penalty.
Turkey’s anti terrorism legislation was issued 1991, Act No. 3713 in conjunction with the Turkish Penal Code.
Article 1. (1) Terrorism is any kind of act done by one or more persons belonging to an organization with the aim of changing the characteristics of the Republic as specified in the Constitution, its political, legal, social, secular and economic system, damaging the indivisible unity of the State with its territory and nation, endangering the existence of the Turkish State and Republic, weakening or destroying or seizing the authority of the State, eliminating fundamental rights and freedoms, or damaging the internal and external security of the State, public order or general health by means of pressure, force and violence, terror, intimidation, oppression or threat.
(2) An organization for the purposes of this Law is constituted by two or more persons coming together for a common purpose.
(3) The term “organization” also includes formations, associations, armed associations, gangs or armed gangs as described in the Turkish Penal Code and in the provisions of special laws.
TheRussian Federation’s definition of terrorism is defined in Section IX, Chapter 24 Article 205. This Federal Law was amended onJuly 21, 2004.
- Terrorism, that is, the perpetration of an explosion, arson, or any other action endagering the lives of people, causing sizable property damage, or entailing other socially dangerous consequences, if these actions have been committed for the purpose of violating public security, frightening the population, or exerting influence on decision-making by governmental bodies, and also the threat of committing said actions for the same ends, shall be punishable by deprivation of liberty for a term of eight to twelve years.
- The same deeds committed:
- a) by a group of persons in a preliminary conspiracy;
- b) abolished
- c) with the use of firearms
shall be punishable by deprivation of liberty for a term of ten to twenty years.
- Deeds stipulated in the first or second part of this Article, if they have been committed by an organized group or have involved by negligence the death of a person, or any other grave consequences, and also are associated with infringement on objects of the use of atomic energy or with the use of nuclear materials, radioactive substances or sources of radioactive radiation, shall be punishable by deprivation of liberty for a term of fifteen to twenty years or by deprivation of liberty for life.
- * Note: A person who has taken part in the preparation of an act of terrorism shall be released from criminal responsibility if he facilitated the prevention of the act of terrorism by timely warning governmental bodies, or by any other method, unless the actions of this person contain a different corpus delicti.
The Indian Prevention of Terrorism Act of 2002, replaced the Prevention of Terrorism Ordinance (POTO) of 2001. This Act gives the stated definition for a terrorist act.
(a) with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biological or otherwise) of a hazardous nature or by any other means whatsoever, in such a manner as to cause, or likely to cause, death of, or injuries to any person or persons or loss of, or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community or causes damage or destruction of any property or equipment used or intended to be used for the defense of India or in connection with any other purposes of the Government of India, any State Government or any of their agencies, or detains any person and threatens to kill or injure such person in order to compel the Government or any other person to do or abstain from doing any act;
(b) is or continues to be a member of an association declared unlawful under the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), or voluntarily does an act aiding or promoting in any manner the objects of such association and in either case is in possession of any unlicensed firearms, ammunition, explosive or other instrument or substance capable of causing mass destruction and commits any act resulting in loss of human life or grievous injury to any person or causes significant damage to any property, commits a terrorist act.
On February 19th 2007, the Philippine government passed a law condemning terrorism and making it a crime. The measured was enacted into law onMarch 7, 2007 and it is called: “The Human Security Act of2007.” Republic Act 9372 Sec. 3 states that:
Terrorism.– Any person who commits an act punishable under any of the following provisions of the Revised Penal Code:
- Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);
- Article 134 (Rebellion or Insurrection);
- Article 134-a (Coup d’ Etat), including acts committed by private persons;
- Article 248 (Murder);
- Article 267 (Kidnapping and Serious Illegal Detention);
- Article 324 (Crimes Involving Destruction), or under
- Presidential Decree No. 1613 (The Law on Arson);
- Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);
- Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
- Republic Act No. 6235 (Anti-Hijacking Law);
- Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974); and,
- Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)
thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.
 Press Release. SC/7158. 4385th Meeting (Night) Resolution 1373 (2001)https://www.un.org/News/Press/docs/2001/sc7158.doc.htm
 UN Security Council Resolution 286
 The Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, concluded at Montreal on 23 September 1971
 The International Convention against the Taking of Hostages, adopted in New York on 17 December 1979.
 See Appendix 1: Definitions of Terrorism
 Schmid, Jongman et al. Political terrorism: a new guide to actors, authors, concepts, data bases, theories, and literature. Amsterdam: North Holland, Transaction Books, 1988, P. 5-6
 Ibid. P. 1-2
Tishrin, (Arabic) Syria, November 17, 1986.
 Al-Anba’a (Arabic), Kuwait, January 30, 1987
 Haaretz (Hebrew), April 21, 1998.
 Senator Jackson as quoted in Benyamin Netanyahu’s book Terrorism: How the West Can Win, Weidenfeld and Nicolson, 1986
 Clausewitz, Carl von. On War. 1832
 Quoted in: Weisburd, David, et. al. To Protect and to Serve: Policing in an Age of Terrorism, Springer, 2009
 Alex P. Schmidt, Political Terrorism (SWIDOC, Amsterdam and Transaction Books, 1984) p. 44
 Walter Laqueur, The Age of Terrorism (Boston-Toronto: Little Brown, 1987), p. 1
 Walter Laqueur, Guerrilla Warfare, a Historical and Critical Study (Weidenfeld & Nicholson, London, 1977), p. 39
https://www.legislationline.org/documents/action/popup/id/6872/preview – (Turkish Penal Code)