A Research Guide to Cases and Materials on Terrorism

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 Unrecognised 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; “Islamic land”: Group Rights, National Identity and Law, 3 UCLA J. Islamic & Near E.L. 53 (2004). His previous work in this series includes Finding the Law: the Micro-States and Small Jurisdictions of Europe and FATCA: Citizenship-Based Taxation, Foreign Asset Reporting Requirements and American Citizens Abroad.

1. Introduction

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. An exception might be made for cyber crime, which may be an act of state terrorism (Russia, Iran, North Korea) or one of criminal extortion. Another example of internal state terrorism is government-sponsored persecution and genocide: of Myanmar’s Rohingya, China’s Uigur. 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,[1] 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.[2] 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 is 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”.[3] It is, however, of the essence of the rule of law that those ruled by it accept its decisions.[4]

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. However, 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,[5] the dissolution of the Ottoman Empire,[6] 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.[7] But, only in those developed nations target regions for migration by members of other cultures,[8] mainly family members of previous migrants. The result is a bouleversement of what used to be known as “allegiance”[9] (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,[10] the language laws,[11] the German American Bund cases,[12] the Chinese exclusion,[13] Japanese internment,[14] expatriation,[15] and the Communist cases,[16] 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”[17] and “temporary”[18] 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;[19] but if it does, the State, or the Establishment, has lost: Mississippi Burning.[20] It may be assumed that public suicides, such as the 1981 Northern Irish death fasts,[21] the self-immolations,[22] suicide-murders in Vietnam,[23] as in Israel,[24] Iraq,[25] Afghanistan,[26] Europe,[27] and America,[28] have as their goal public unease and political destabilization. Mass random killings may aim to provoke disproportionate responses,[29] and gain perversely moral high ground. Once in power terrorists may become “statesmen”, be forgiven their crimes and can rewrite history books to make of themselves national heroes.[30] 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 min Northern Ireland. “Truth and reconciliation” through public witnessing happens only sometimes.[31] 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, at least in Common-Law systems.[32] 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,[33] to 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, entitled “Terrorism and International Law”.

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 such as Google Scholar. JSTOR,[34] which includes many law reviews and law-related journals, can be accessed at most university libraries and many public libraries, sometimes from home. HeinOnline, Westlaw and LexisNexis can be accessed by eligible users at law libraries in the USA and other countries, and LexisNexis Academic at most major U.S. university libraries.

2. Defining Terrorism

Defining “terrorism” (Generally in date order, except foreign sources are at end of list)

• 18 U.S. Code Chapter 113B, Terrorism: 18 U.S.C. § 2331, Definitions, “International terrorism”; 18 U.S.C. § 921(a)(22) concerning “regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism”
• Interpol: “Terrorism encompasses a range of complex threats. We focus on identifying terrorists and preventing their activities.”
• ACLU, How the USA PATRIOT Act Redefines “Domestic Terrorism”
• Hate crimes: National Institute of Justice — Southern Poverty Law Center — Amer. Psychological Assn. — DoJ statistics
• Geoffrey Levitt, Is “Terrorism” Worth Defining?, 13 Ohio NU L. Rev. 97 (1986)
• Krzysztof Skubiszewski, Definition of Terrorism, 19 Isr. Y.B. Hum. Rts. 39 (1989)
• Igor Primoratz, What Is Terrorism?, 7 J. Appl. Phil. 129 (1990)
• Shibley Telhami, Conflicting Views of Terrorism, 35 Corn. Int’l L. J. 581 (2002)
• Suresh v. Canada (Minister of Citizenship and Immigration), [2002] 1 S.C.R. 3, 2002 SCC 1 (Docket) (“One searches in vain for an authoritative definition of ‘terrorism’ … The absence of an authoritative definition means that, at least at the margins, ‘the term is open to politicized manipulation, conjecture, and polemical interpretation'”.)
• Christian Walter, Defining Terrorism in National and International Law in Terrorism as a Challenge for National and International Law: Security versus Liberty? (Springer 2003) (archived copy)
• Patricia Olamendi Torres, México y el debate internacional sobre el terrorismo, Instituto de Investigaciones Jurídicas de la UNAM (2003)
• Nicholas J. Perry, The Numerous Federal Legal Definitions of Terrorism: The Problem of too Many Grails, 30 J. Legis. 249 (2004)
• Ben Saul, Defining Terrorism in International Law (Oxford U. P. 2006)
• Ben Saul, Defining “Terrorism” to Protect Human Rights, Sydney Law School Research Paper No. 08/125 (2008)
• Ben Golder, George Williams, What is ‘Terrorism’? Problems of Legal Definition, 27 Univ. NSW L. J. 270 (2009)
• Daniel J. Hickman, Terrorism as a Violation of the Law of Nations: Finally Overcoming the Definitional Problem, 29 Wis. Int’l L. J. 447 (2011) (archived copy)
• Kieran Hardy, George Williams, What is Terrorism? Assessing Domestic Legal Definitions, 16 UCLA J. Int’l L. Foreign Aff. 77 (2011)
• Jonathan Matusitz, Terrorism and Communication: A Critical Introduction, (Sage 2012), Ch. 1, What is Terrorism? (archived copy)
• Jacqueline S. Hodgson and Victor Tadros, The Impossibility of Defining Terrorism, 16 New Crim. L. Rev. 495 (2013)
• Linas Vaštakas, Mykolas Romeriss, The Definition of Terrorism in International Law, Master’s thesis, Mykolo Romerio Universietas, Vilnius (2013)
• Ishrat Afshan Abbasi, Mukesh Kumar Khatwani, An Overview of the Political Theories of Terrorism, 19 IOSR J. Hum. Soc. Sci. 103 (2014)
• Māris Jurušs, Criteria for Defining Tax Evasion as Tax Terrorism, 2017 Economics and Business (Journal) 102 (archived copy) (“[T]he author has set criteria when tax evasion should be named as ‘tax terrorism’ as well as designed the principles for tackling tax terrorism and other ways of non-payment of taxes.”)
• Mercy Obado Ochieng, The elusive legal definition of terrorism at the United Nations: An inhibition to the criminal justice paradigm at the state level? (2017)
• Katie Dilts, One of These Things is Not Like the Other: Federal Law’s Inconsistent Treatment of Domestic and International Terrorism, 50 U. Pac. L. Rev. 711 (2019)
• Elizabeth Chadwick, Differentiating International Terrorism and ‘Peoples’: Struggles for Self-Determination, GlobaLex, Sept./Oct. 2019
• Ben Saul, Defining Terrorism in International Law, GlobaLex, Nov./Dec. 2021 (“Despite the near-universal condemnation of ‘terrorism,’ the international community has repeatedly failed to define it as a legal category since the 1920s.”)
• ScienceDirect, Terrorism (2022)
• Mikheev Ivan Rudolfovich, Terrorism: concept, responsibility, warning (Терроризм понятие, ответственность, предупреждение, in Russian), Vladivostok Center for Organized Crime Research at the FENU Law Institute (2003?) (“Currently, there are two main directions in the study of the problems of combating terrorism. The first direction is connected with the study of terrorism as an international legal category of a political nature. … Recent years have been marked by the emergence of scientific research in a different direction, considering the problem of terrorism purely from the criminal law and criminological positions.”)
• Canada, Ministry of Justice, Definitions of Terrorism and the Canadian Context (2021)
• E.U.: Eugenia Dumitriu, The E.U.’s Definition of Terrorism: The Council Framework Decision on Combating Terrorism, 5 German L. J. 585 (2004) — and see La définition du terrorisme de l’Union Européenne : le syncrétisme d’héritages divers (Sect. 3.3.1 of Le discours antiterroriste : la gestion politique du 11 septembre en France (Pages 135-141))
• Khaled A. Beydoun, Lone Wolf Terrorism: Types, Stripes, and Double Standards, 112 NW. Univ. L. Rev. 112 (2018)
• China: Zunyou Zhou, How China Defines Terrorism The Diplomat, Feb. 2015
• Israel: Elena Chachko, Israel’s New Counterterrorism Law, Lawfare, July 2016
• France: La France face au terrorisme, Livre blanc du Gouvernement sur la sécurité intérieure face au terrorisme (2008?)
• France: Qu’est-ce que le terrorisme ?
• Switzerland: Federal Department of Foreign Affairs, Countering terrorism (Jan. 2022) — UNHCR, Switzerland’s new “terrorism” definition sets a dangerous precedent worldwide, UN human rights experts warn (Sept. 2020)
• Germany: Deutscher Bundestag, Terrorismus: Definitionen, Rechtsgrundlagen und Maßnahmen zur Terrorismusbekämpfung (Nov. 2009)
• U.K.: Lord Carlile of Berriew Q.C., The Definition of Terrorism (2007)
• U.K.: Terrorism Act 2000, Art. 1 (Terrorism: interpretation)
• Note governmental mischievous mischaracterization of risks as “terrorism” as a convenient basis to justify exorbitant acts, viz: “‘The UK has no doubt as to our sovereignty over the British Indian Ocean Territory,’ the Foreign Office said, adding: ‘Defence facilities on [British Indian Ocean Territories, including Diego Garcia,] help keep people in Britain and around the world safe, combating some of the most challenging threats to international peace and security, including terrorism and piracy, and responding to humanitarian crises.'” [emphasis added] Christina Lamb, Islanders expelled by Britain return 50 years on with anger still burning, Sunday Times, Feb. 13, 2022, p. 16 (print version) — Chagos Archive — Chagos Archipelago (references) — ICJ, Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965, Advisory Opinion of 25 February 2019, General List No. 169. Misuse of the “terrorist” and “supporters of terror” labels is facile and not uncommon, intended to end argument: Catherine J. Price, After UN hosts 2-day anti-Israel event, Israel’s envoy says it colludes with terror supporters, Times of Israel, Jul. 1, 2017; Mariam Barghouti, Opinion: Israel would rather attack the apartheid label than do anything to fix it, Washington Post, Feb. 13, 2022. American law, notably the USA PATRIOT Act, extends the reach of prosecution for “terrorism” into a wide range of criminal acts, including RICO, tax evasion (via money laundering and fraud), hate crimes, civil unrest.[35] gang warfare (“street terrorism”); these are discussed below, with references.

3. Particular Aspects of Counter-Terrorism Activity

• Yaroslav Shiryaev, Cyberterrorism in the Context of Contemporary International Law, 14 San Diego Int’l L. J. 139 (2012) and Pierluigi Paganini, The [Ardit] Ferizi Case: The First Man Charged with Cyber Terrorism (Infosec, 2016), also Lech J. Janczewski, Andrew M. Colarik, Cyber Warfare and Cyber Terrorism (2008)
• Zachary E. McCabe, The Northern Ireland: The Paramilitaries, Terrorism, and September 11th (2002)
• Peter Chalk, Piracy and Terrorism at Sea: A Rising Challenge for U.S. Security (RAND 2008)
• Seung-Whan Choi, Fighting Terrorism through the Rule of Law?, 54 J. Confl. Res. 940 (2010)
• Christopher A. Shields, Kelly R. Damphousse, Brent L. Smith, American Terrorism Trials: Prosecutorial and Defense Strategies (LFB Scholarly Pub. 2012) (USG work, free dist.)
• Dawinder S. Sidhu, Spatial Terrorism, 41 Fordham Urban L. J. 79 (2013)
• ADL: Ecoterrorism: Extremism in the Animal Rights and Environmentalist Movements (about 2012)
• Terrorism by the State, Chapter 4 in Understanding Terrorism: Challenges, Perspectives, and Issues, 6th Ed (Gus Martin 2020) — Student resources (archived copy)
• Vincenzo Bove, Tobias Böhmelt, Does Immigration Induce Terrorism? (2016)
• Corruption and Terrorism: The Causal Link (Sarah Chayes, 2016)
• Jeffrey James Higgins Understanding Narco-Terrorism, American Thinker (2017)
• Jonathan Hafetz, Punishing Atrocities Through a Fair Trial: International Criminal Law from Nuremberg to the Age of Global Terrorism (Oxford U. P. 2018)
• Melike Bildirici, Seyit M. Gokmenoglu, The impact of terrorism and FDI on environmental pollution: Evidence from Afghanistan, Iraq, Nigeria, Pakistan, Philippines, Syria, Somalia, Thailand and Yemen, 81 Environmental Impact Assessment Rev. 1 (2020)
• Thomas Morgan, Olivia Adams, David Hammond, Global Terrorism Index 2020: The Shifting Landscape of Terrorism, Counterterrorism YB, Australian Strategic Policy Institute (2021)
• Background on: Terrorism risk and insurance (Insurance Information Inst., 2021)
• Vision of Humanity, Global Terrorism Index (2021)
• Rwanda (various reports, 2013-2021)
• Political Islam
  • Gilles Kepel — Catherine Putz, Kepel vs Roy: Arguing About Islam and Radicalization, The Diplomat, July 14, 2016 — Robert F. Worth, The Professor and the Jihadi, N.Y. Times Magazine, April 5, 2017 — Jihad and the Trial of Political Islam (Harvard U. P. 2006) — Le prophète et la pandémie, Du Moyen-Orient au jihadisme d’atmosphère (Gallimard 2021)
  • Bernard Lewis — The Political Language of Islam (1988) — The Crisis of Islam (2013) — Saida Tabassum, Bernard Lewis on Islam and Violence: A Critical Appraisal, 58 Islamic Studies 9 (2019)
  • Center for the Study of Political Islam (Bill Warner blog)
  • Olivier Roy, The failure of political Islam (I B Taurus 1994)
  • Charles Hirschkind, What is Political Islam?, Middle East Research & Information Project, Winter 1997
  • Samuel Woolridge, Islam America And Politics of Nations; A Guide to America and Political Islam; Clash of Cultures or Clash of Interests? (Cambridge U. P. 1999)
  • Javaid Rehman, Islamic State Practices, International Law and the Threat from Terrorism: A Critique of the “Clash of Civilizations” in the New World Order (Hart Pub. 2005)
  • Richard Jackson, Constructing Enemies: “Islamic Terrorism” in Political and Academic Discourse, 42 Gov’t & Opposition 394 (2007)
  • Robert Springborg, Political Islam and Europe Views from the Arab Mediterranean States and Turkey, CEPS Working Document No. 264, April 2007
  • John L. Esposito, Emad El-Din Shahin, The Oxford Handbook of Islam and Politics (Oxford U. P. 2013)
  • Muqtedar Khan, What is Political Islam?, E-Int’l Relations, Mar. 10, 2014
  • Shadi Hamid, William McCants, Rethinking Political Islam, Brookings, May 6, 2016
  • Shadi Hamid, Peter Mandavilole, William McCants, How America Changed Its Approach to Political Islam, The Atlantic, Oct. 4, 2017
  • Caroline Rose, Political Islam; A Legitimized Political Alternative, Misunderstood in the International Liberal Order, Governmental Politics of the Middle East School of African and Oriental Studies, April 28, 2017 (archived copy)
  • Pamir Sahill, Charlie Hebdo Attack: An Analysis of Consequences and the Role of Political Islam in the EU, 1 Jan Masaryk Rev. Int’l Stud. (2017) (archived copy)
  • Emmanuel Karagiannis, The New Political Islam: Human Rights, Democracy, and Justice (U. Penn. Press 2018)
  • Wouter Werner, The “Clash of Civilizations” in International Law, Vrije Universiteit Amsterdam, E-Int’l Relations (2018)
  • Mohammad Mushfequr Rahman, Political Islam: Theory and Function, Univ. of Derby, Feb. 2021 (archived copy)
  • Combating Terrorism Center at West Point: The Cloud Caliphate: Archiving the Islamic State in Real-Time
• Institute for Economics and Peace, Global Terrorism Index 2022, Relief Web, United Nations Office for the Coordination of Humanitarian Affairs (OCHA) (Mar. 2, 2022)

4. Domestic Terrorism

• RAND Corp, Domestic Terrorism
• FBI, Domestic Terrorism: Definitions, Terminology, and Methodology
• National Institute of Justice, Homeland Security Digital Library, Domestic (U.S.) Terrorism
• Tarasoff v. Regents of University of California, 17 Cal.3d 425, 551 P.2d 224 (1976) — J. Thomas Sullivan, Mass Shootings, Mental “Illness,” and Tarasoff, 82 U. Pitts. L. Rev. 685 (2021) — Claudia Kachigian, Alan R. Felthous, Court Responses to Tarasoff Statutes, 21 Am. Acad. Psychiatry L. 73 (2004) (“Twenty-three states have enacted Tarasoff statutes applicable to psychiatrists”) — Griffin Edwards, Doing Their Duty: An Empirical Analysis of the Unintended Effect of Tarasoff v. Regents on Homicidal Activity, 57 J. L. & Econ. 321 (2014) — Damon Muir Walcott et al., Current Analysis of the Tarasoff Duty: an Evolution towards the Limitation of the Duty to Protect, 19 Behav. Sci. Law 325 (2001) — and many other law review articles
• Trevor Aaronson, The Terror Factory: Inside the FBI’s Manufactured War on Terrorism (Ig Pub., Consortium 2013) (YouTube)
• Jeff Stein, American Snitch: In a startling new documentary, an FBI informant lets filmmakers watch him try to catch terrorists, Newsweek, Mar. 18 2016, p. 26
• Counterthreat Group, Travel Threats in Europe: Domestic Terrorism (Aug. 5, 2017)
• Just Security, Finding the Federal Data on Domestic Terrorism (May 31, 2019)
• How Individual States Have Criminalized Terrorism, The Intercept (2019)
• Research on Domestic Radicalization and Terrorism (Jan. 6, 2020)
• Office of the [U.S.] Director of National Intelligence, Violent Extremists and Terrorists Exploit Civil Unrest and Public Assemblies in the United States (2020)
• Eric Tucker, Mary Clare Jalonick, FBI chief warns violent ‘domestic terrorism’ growing in US, AP News, Mar. 3, 2021
• CRS: Domestic Terrorism: Overview of Federal Criminal Law and Constitutional Issues (July 2021)
• Vera Bergengruen, W.J. Hennigan, Prosecuting Domestic Terrorism Is Notoriously Difficult. This New Team of Lawyers Has A Mounting Caseload, Time, Jan. 24, 2022
• RAND Blog: Five Reasons to Be Wary of a New Domestic Terrorism Law (Feb. 24, 2021)
• White House, Fact Sheet: National Strategy for Countering Domestic Terrorism (June 15, 2021)
• Jason J. Sullivan-Halpern, The Globalization of Hate: Are Domestic Terrorism Laws Sufficient To Quell New Threats From Alt-Right Lone-Wolf Extremists? 9 Penn. St. J. L. & Int’l Aff. 133 (2021)
• Eric Halliday, Rachael Hanna, How the Federal Government Investigates and Prosecutes Domestic Terrorism (Lawfare Blog, Feb. 2021). The federal statutory definition of domestic terrorism at § 2331(5) does not have criminal penalties attached to it.
• Seth G. Jones, The War Comes Home: The Evolution of Domestic Terrorism in the United States (Center for Strategic and International Studies, 2021)
• Micah Millsaps, Terrorism: An Evolving Threat, 50 U. Balt. L. Rev. 335 (2021)
• Mark Oppenheimer, Squirrel Hill: The Tree of Life Synagogue Shooting and the Soul of a Neighborhood (Knopf 2021)
• Marieke Walsh et al., Prime Minister Justin Trudeau invokes Emergencies Act to try to bring an end to the [Ottawa and Windsor] blockades, Globe and Mail, Feb. 14/15, 2022 (print version) — Emergencies Act (R.S.C., 1985, c. 22 (4th Supp.)) (With no need for court orders, banks can be instructed to freeze personal accounts of anyone linked with the protests)
• Andrew Jeong, Three plead guilty to terrorism charges in white supremacist plot to disrupt U.S. power grid, start race war, Washington Post, Feb. 25/26, 2022 (print version)
• Joint Terrorism Task Force
  • DoJ, Joint Terrorism Task Force
  • Mary Jo White, Prosecuting Terrorism in New York, Joint Terrorism Task Force, 8 Mid. E. Q. 11 (Spring 2001)
  • Susan Herman, Collapsing Spheres: Joint Terrorism Task Forces, Federalism, and the War on Terror, 41 Willamette L. Rev. 942 (2005)
  • Anthony P. D’Angelo, Thesis, Strategic change and the Joint Terrorism Task Force: ideas and recommendations, Calhoun: The NPS Institutional Archive (2007)
  • Daniel Richman, The Past, Present, and Future of Violent Crime Federalism, 34 Crime and Justice: A Review of Research 377 (2006)

5. Other Jurisdictions: Recent Headline Terrorism Cases and Issues

• Israel-Palestinian Territories
  • Patrick Kingsley, As Violence Rises in the West Bank, Settler Attacks Raise Alarm, N.Y. Times, Feb. 12, 2022 (Maj. Gen. Yehuda Fuchs, the commander of Israeli troops in the West Bank, said in an interview that he was concerned about what he called ‘settler terrorism,’ and was exerting ‘a lot of effort to avoid it.'”)
  • START Project on violent conflict, Hamas (Islamic Resistance Movement), Bibliography (Jan. 2015) — Shadi Hamid, Don’t take the narrow view of what’s happening in Gaza, The Atlantic, May 15, 2021 — Daniel L. Byman, Hamas tries to seize the day, Brookings (M­ay 2021) — Jamal Nassar, Globalization, Terrorism, and Regional Conflicts: The Case of Palestine, Transnational Workshop Lecture, September 17, 2004, University of Illinois at Urbana-Champaign (archived copy)
  • Ori Nir, Price Tag: West Bank Settlers’ Terrorizing of Palestinians to Deter Israeli Government Law Enforcement, 44 Case W. Res. J. Int’l L. 277 (2011) — Ibrahim Fraihat, Settler terrorism: An American problem, Brookings (Sept. 2015) https://laws-lois.justice.gc.ca/eng/acts/e-4.5/index.html
  • Noura Erakat, Litigating the Arab-Israeli Conflict: The Politicization of U.S. Federal Courtrooms, 2 Berkeley J. Mid. Eastern & Islamic L. 27 (2009)
  • Jerusalem Center for Public Affairs, The Phenomenon of Lone Palestinian Terrorists (Dec. 2021)
• Europe generally
  • Kevin Eads, Counterthreat Group, Travel Threats in Europe: Domestic Terrorism (Aug. 2017)
  • Syed Mansoob Murshed, Threat Perceptions in Europe: Domestic Terrorism and International Crime, EUSECON Economics of Security Working Paper 2 (Jan. 2009)
  • Petter Nesser, Islamist Terrorism in Europe: A History (Oxford Scholarship 2016)
• England
  • Intelligence and Security Committee of Parliament, The 2017 Attacks: What needs to change? Westminster, Manchester Arena, London Bridge, Finsbury Park, Parsons Green, HC 1694 (Nov. 2018)
  • Manchester Arena Inquiry, (“An independent public inquiry to investigate the deaths of the victims of the 2017 Manchester Arena terror attack”)
  • Chairman of the Manchester Arena Inquiry v. Taghdi, [2021] EWHC 2878 (Admin) (bomber’s brother as witness)
  • Saunders v. Taghdi, [2021] EWHC 2785 (Admin), [2021] All ER (D) 91 (Oct) (Order to give evidence “in circumstances arising out of the inquiry into the Manchester Arena bombing”)
  • Raffaello Pantucci, The Islamic State Threat to Britain: Evidence from Recent Terror Trials, 9 CTC Sentinel 19 (2016)
• France
  • Bataclan: Emmanuel Carrière et al, Attentats du 13-Novembre : un procès pour l’histoire, Nouvel Observateur (L’Obs), Sept. 2-8, 2021, pp. 18-45; continued reporting in subsequent issues, “Chronique judiciaire, au Procès du 13-Novembre”;
  • Julia Courvoisier, Acto-juridique, series of articles on Procès des attentats du 13 novembre : Journal d’une avocate
  • Le Monde, Procès des attentats du 13-novembre
  • Salah Abdeslam trial, below
  • Gilles Kepel, Terror in France: The Rise of Jihad in the West, Princeton U. P. (2017)
  • Robert R. Desjarlais, Khalil Habrih, Traces of Violence: Writings on the Disaster in Paris, France (U. Cal. Press 2021)

6. General Sources of Information: Comprehensive Sites, Archives, Lists

6.1. International Organizations

• EUROJUST, Terrorism Convictions Monitor (May 2008)
• European Council, The EU’s response to terrorism (2021)
• International Criminal Court
• International Committee of the Red Cross
• International Organization for Migration
• United Nations High Commissioner for Human Rights
• United Nations High Commissioner for Refugees
• Europol, EU Terrorism Situation & Trend Report (TE-SAT) (updated to 2021)
• List of international organizations and their headquarters (from Online Study Library, Sept. 2021)
• UN Security Council, Counter-Terrorism Committee

6.2. NGOs, Private Research Organizations, Universities

• American Society of International Law Resources on Terrorism
• Archives Library Information Center (ALIC) Bibliography on Terrorism
• Bellingcat (“A Netherlands-based investigative journalism group that specialises in fact-checking and open-source intelligence”)
• Carnegie Endowment for International Peace
• Center on National Security at Fordham Law School (ISIS-related cases)
• Council on Foreign Relations
• Counter-extremism Project
• 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 (archived copy)
• Cryptome
• Duke Sanford Triangle Center on Terrorism and Homeland Security
• International Crisis Group
• Federation of American Scientists, Intelligence Resources Program (incl. “Terrorism Resources”) (archived site no longer maintained)
• Federation of American Scientists, Terrorism: Background and Threat Assessments
• Foundation for Defense of Democracies, Washington D.C.[36]
• Havenworks (archive site; site has closed; retrieved at archive.org)
• Hoover Institution publications on terrorism; Adam Garfinkle, ed., A Practical Guide to Winning the War on Terrorism (Hoover 2004)
• Human Rights First, Tortured Justice: Using Coerced Evidence to Prosecute Terrorist Suspects (2008)
• Institute for Conflict Management, South Asian Terrorism Portal
• Institute for Economics and Peace, Global Terrorism Index — Further documents
• 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 (archived copy)
• International Consortium of Investigative Journalists
• International Peace Institute, New York
• Jamestown Foundation,[37] Terrorism Monitor
• Jane’s Terrorism & Insurgency Centre (proprietary site with some free material)
• Charles Kurzman, Muslim-American Terrorism in the Decade Since 9/11, Univ. N.C. (2012)
• Library of Congress, Bibliography on Future Trends in Terrorism (1998) (archived copy)
• OCHA Reliefweb, Global Terrorism Index 2020: Measuring the impact of terrorism (Feb. 2021)
• Our World in Data: “Terrorism”
• Terrorism Cases Involving Muslim-Americans, 2014
• “Terrorism Central” (2004, via archive.org)
• Terrorism in the Decade Since 9/11 (2012)
• Terrorisme.net (in French with some English)
• MIPT, Terrorism knowledge base (closed: via archive.org)
• T.M.C. Asser Institute, The Hague, International Crimes Database
• Westlaw UK: Legal Journals Index, 43 articles with “terrorism” and “international law” in title through January 2022 (list)
• Muslim Public Affairs Council, Post-9/11 Terrorism Database: A tracking of plots by Muslim and non-Muslim violent extremists against the United States (2013)
• 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)
• OnWar.com
• Oodaloop: “Terrorism”
• Organization for Security and Co-operation in Europe (OSCE) Office for Democratic Institutions and Human Rights, “Terrorism”
• Pace University, Bibliography on Terrorism and International Law (2001)
• Peacemakers Trust (Canadian charity) bibliography
• Social Science Research Network: papers mentioning terrorism
• SWP Research Paper, EU Strategy on Counter-Terrorism: Steps towards a Coherent Network Policy (2006)
• Syracuse University, TRAC Reports (Federal law enforcement and spending)
• University of Arkansas, The Terrorism Research Center
• United Nations Office on Drugs and Crime (UNODOC), University Module Series, Counter-terrorism
• Wikileaks

6.3. Specialized Journals

• ABA Journal, articles related to terrorism
• British Journal of Criminology, articles on terrorism
• CTC Sentinel (West Point)
• FCW, Federal (USG) technology journal, articles on terrorism
• IACSP Journal — Journal of Counterterrorism & Homeland Security International
• International Centre for Counter-Terrorism: Publications
• Journal of Peace Research, The analytical study of terrorism
• Journal of Terrorism Research
• Perspectives on Terrorism (“About“)
• St Andrews, Contemporary Voices: (search under “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, Journal index
• Terrorism Research Initiative, 100 core and periphery journals for terrorism research (Judith Tinnes, 7 Perspectives on Terrorism 95 (2013) (another copy)
• Violence: An International Journal
• Bart Schuurman, Research on Terrorism, 2007–2016: A Review of Data, Methods, and Authorship, 32 Terrorism and Political Violence 1011 (2018) (archived copy)
• Ilyas Mohammed, Decolonising Terrorism Journals, 11(1) Societas 6 (2021) (“Decolonisation of knowledge over the past few years has gained much traction among scholars and students in many countries.”)

6.4. Law Journal Articles

• ACLU, Upsetting Checks and Balances, Congressional Hostility Toward the Courts in Times of Crisis (2001) (“New anti-terrorism laws continues dangerous trend of stripping federal judiciary of authority”)
• Peter Goldsmith QC, Terrorism and the Rule of Law (Ramo Lecture), 35 N.M. L. Rev. 215 (2005)
• 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)
• Nadia Banteka, The Rise of the Extreme Right and the Crime of Terrorism: Ideology, Mobilization, and the Case of Golden Dawn, Duke J. Comp. Int’l L. 127 (2019)
• Alejandro J. Beutel, Perils of Empire: Islamophobia, Religious Extremism and the New Imperialism, AMSS Ann. Conf. (2007)
• Christopher L. Blakesley, Ruminations on Terrorism & Anti-terrorism Law & Literature, 57 U. Mia L. Rev. 1041 (2003)
• Jason M. Blazakis, The Intangible Benefits of a Domestic Terrorism Statute, George. J. Int’l Aff. (June 2021)
• Gur Bligh, Defending Democracy: A New Understanding of the Party-Banning Phenomenon, 46 Vand. J. Transnat’l L. 1321 (2013)
• 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)
• Michael A. Brown, What’s Next on the Convicted Terrorist’s Timeline?, RAND Corp. Blog, Nov. 4, 2015 (Terrorists released from prison)
• Michal Buchhandler-Raphael, What’s Terrorism Got to Do With It? The Perils of Prosecutorial Misuse of Terrorism Offenses, 39 Fla. State Univ. L. Rev. 807 (2012)
• Manuel Cancio Meliá, Terrorism and Criminal Law: The Dream of Prevention, the Nightmare of the Rule of Law, 14 New Crim. L. Rev. 108 (2011)
• Central European Univ., The Way of the Terrorist: Reflections on Terrorism’s Relationship to Modernity (2010)
• Andrew Cornford, Narrowing the Scope of Absurdly Broad Offences: the Case of Terrorist Possession, 38 Statute L. Rev 286 (2016)
• Andrew Cornford, Terrorist Precursor Offences: Evaluating the Law in Practice, 8 Crim. L. Rev. 663 (2020)
• Barbara Luisa DeSoto, Violence, Transcendence and Spectacle in the Age of Social Media: #JeSuisCharlie Demonstrations and Hollande’s Speech after the 2015 Terrorist Attacks (2017). All Theses and Dissertations. 6472
• 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)
• Axel Dreher, Martin Gassebner, Lars‐H. Siemers, Does Terrorism Threaten Human Rights? Evidence from Panel Data, 53 J. L. & Econ. 65 (2010)
• Grace Dunigan, Fueling the Fire: The Causes of Terrorism in Weak States, 10 Susquehanna Univ. Polit. Rev. 8 (2019)
• Charles Dunlap, Jr., Lawfare 101, A Primer, Military Rev., May-June 2017, p. 8 (“lawfare” as an asymmetric weapon “central to twenty-first century conflicts”, not to be confused with the Lawfare Blog)
• Richard English, The Future Study of Terrorism, 1 Eur. J. Int’l Sec’y. 135 (2016) (“This article reflects on the central problems to be faced over the next fifty years of the academic study of terrorism.”)
• Jonathan Hafetz, Military Detention in the “War on Terrorism”: Normalizing the Exceptional after 9/11, 12 Colum. L. Rev. 21 (2012)
• Marci Hamilton, The Supreme Court’s Terrorism Cases (Univ. of Arkansas, 2004)
• Lance A. Harke, The Anti-Terrorism Act of 1987 and American Freedoms: A Critical Review, 43 Univ. Miami L. Rev. 667 (2015)
• Stephen P. Hoffman, Is Torture Justified in Terrorism Cases?: Comparing U.S. And European Views, SSRN 2012
• Laura Halonen, Catch Them If You Can: Compatibility of United Kingdom and United States Legislation against Financing Terrorism with Public International Law Rules on Jurisdiction, 26 Emory Int’l L. Rev. 637 (2012)
• Joe Kendall, Pamela O. Barron, Mark H. Allenbaugh, Diligence Due in the Era of Globalized Terrorism, 36 Int’l L. 49 (2002)
• Matthew Lippman, The New Terrorism and International Law, 10 Tulsa J. Comp. & Int’l L. 297 (2002)
• Clark McCauley, Sophia Moskalenko, Recent U.S. Thinking About Terrorism and Counterterrorism: Baby Steps Towards a Dynamic View of Asymmetric Conflict, 22 Terrorism and Political Violence 641 (2010)
• Marie-Amélie Morange, The Paradox of the War on Terror: Domestic Terrorism and White Supremacist Extremism, The Charles Proteus Steinmetz Symposium (2021)
• Luz E. Nagle, Terrorism and Universal Jurisdiction: Opening a Pandora’s Box? 27 Ga. State Univ. L. Rev. 339 (2011)
• Mary Ellen O’Connell, Evidence of Terror, 7 J. Confl. Sec’y L. 19 (2002)
• Vincent-Joël Proulx, A Postmortem for International Criminal Law? Terrorism, Law and Politics, and the Reaffirmation of State Sovereignty (2020)
• Geoffrey Sant, So Banks are Terrorists Now? The Misuse of the Civil Suit Provision of the Anti-Terrorism Act 45 Ariz. State L. J. 533 (2013)
• Todd Sandler, Terrorism and Counterterrorism: An Overview, 65 Oxford Econ. Papers 1 (Jan. 2015)
• Charlinda Santifort-Jordan, Todd Sandler, An Empirical Study of Suicide Terrorism: A Global Analysis, 80 South. Econ. J. 981 (2014)
• Beth Van Schaack, Finding the Tort of Terrorism in International Law (Santa Clara Univ. Sch. of L., 2008)
• Sudha Setty, Comparative Perspectives on Specialized Trials for Terrorism, 63 Me. L. Rev. 132 (2010)
• Shirin Sinnar, Separate and Unequal: The Law of “Domestic” and “International” Terrorism, 117 Mich. L. Rev. 1333 (2019)
• B. Lia, K. Sjølberg, Causes of Terrorism: An Expanded and Updated Review of the Literature (GSDRC, 2004)
• Brent L. Smith, Kelly R. Damphousse, Paxton Roberts, Pre-Incident Indicators of Terrorist Incidents: The Identification of Behavioral, Geographic, and Temporal Patterns of Preparatory Conduct (2006)
• Dru Stevenson, Entrapment and Terrorism, 49 Boston Coll. L. Rev. 125 (2008) (archived copy)
• Clive Walker, Clamping Down on Terrorism in the United Kingdom, 4 J. Int’l Crim. Justice 1137 (2006)

6.5. Other Databases, Bibliographies

• Academia.edu, Terrorism and the Law research papers (bibliography)
• ADL tracker of antisemitic incidents
• Arts and Social Sciences Journal, List of High Impact Articles (bibliography)
• AUSTLII
• BAILLI
• Neil G. Bowie, 40 Terrorism Databases and Data Sets: A New Inventory, 15 Perspectives on Terrorism 147 (2021) (archived copy)
• Official California Reports (LEXIS), free access
• Canadian Journalists for Free Expression, Snowden Surveillance Archive
• CanLII
• Citizendium, Terrorism/Bibliography (2006?)
• Domestic Extremism Spreadsheet
• Eur-Lex
• European Union Agency for Criminal Justice Cooperation (Eurojust), Terrorism Convictions Monitor (List; latest at time of writing is Issue 32, Dec. 2018)
• Europol, EU Terrorism Situation & Trend Report (Te-Sat) (Dec. 2021)
• Federation of American Scientists, Anti-Terrorism Authority Under the Laws of the United Kingdom and the United States
• Financial Times: “Terrorism”
• Findlaw: “Terrorism”
• James J. F. Forest et al., Terrorism and Counterterrorism: An Annotated Bibliography, v. 2 (2006)
• Benjamin Freedman, Terrorism Research Centres: 100 Institutes, Programs and Organisations in the Field of Terrorism, Counter-Terrorism, Radicalisation and Asymmetric Warfare Studies, 4 Perspectives on Terrorism 48 (2010)
• George Washington Univ. National Security Archive, primary source documents
• George Washington University with National Counterterrorism, Innovation, Technology, and Education Center, Program on Extremism, Antisemitism as an underlying precursor to violent extremism in American far-right and Islamist contexts
• GReVD, Global Terrorism Database
• Haverford College Global Terrorism Research Project
• Seth G. Jones, The Escalating Terrorism Problem in the United States, Center for Strategic and International Studies, June 17, 2020
• Lawfare: Terrorism Trials and Investigations (“Terrorism is increasingly complicating the traditional dichotomy between criminal conduct and acts of war.”)
• Legislationonline
• Library of Congress, How to Find Free Case Law Online (Court Listener, RECAP)
• David Muhlhausen, Jena Baker McNeill, Terror Trends: 40 Years’ Data on International and Domestic Terrorism (Heritage Foundation, May 20, 2011)
• OSCE Library
• Pace Law School, Bibliography on Terrorism and International Law (2001)
• Penn College, Madigan Library, Violence & Terrorism: Bibliographies (1998-2006)
• Eric Price, Bibliography: Lone Wolves/Actors of Terrorism, 9 Perspectives on Terrorism 113 (2015)
• Eric Price, Bibliography: Foreign Fighters of Terrorism, 9 Perspectives on Terrorism 157 (2015)
• Pritzker Legal Research Center, Terrorism and Counter-Terrorism
• RAND Database of Worldwide Terrorism Incidents 1968-2009
• Sage journals: “Terrorism”
• Joshua Sinai, Terrorism Bookshelf: Top 150 Books on Terrorism and Counter-Terrorism, 6 Perspectives on Terrorism 74. (2012)
• Ishaansh Singh, General Bibliography on Terrorism Prevention and Preparedness (2021)
• Statista, Terrorism: Facts and statistics (Sept. 10, 2021) (commercial enterprise)
• Terrorism Research Center (Wikipedia description)
• Terrorisme.net: collected materials relevant to terrorism (in French and English)
• Terrorism-Research.com (site sponsorship unidentified)
• Judith Tinnes, Bibliography: Internet-Driven Right-Wing Terrorism, 6 Perspectives on Terrorism 74 (2020)
• U.K. Home Office, Counter terrorism statistics (“This series brings together all documents relating to Counter terrorism statistics”)
• U.K. House of Commons Library, Terrorism in Great Britain: the statistics (Oct. 2021)
• U.S. Department of State Bureau of Counterterrorism, Foreign Terrorist Organizations (list, current)
• U.S. National Archives, Bibliography on Terrorism (2002)
• University of Maryland Global Terrorism Database — Gary LaFree, Laura Dugan, Introducing the Global Terrorism Database, 19 Terrorism Pol. Viol. 18 (2007) (archived copy) — Exploring Global Terrorism Data: A Web-based Visualization of Temporal Data (Joonghoon Lee)
• WORLDLII

6.6. Government-Sponsored Sites

• CIA FOIA database: Terrorism
• Congressional Research Service
  • Foreign Terrorist Organizations, Report RL32223, (2004)
  • Terrorism and National Security, Issues and Trends IB10119 (2006)
  • Terrorism, the Future, and U.S. Foreign Policy, CRS Issue Brief IB95112 (2001) (see below for other CRS publications)
• FBI, Definitions of terrorism in U.S. Code
• Financial Action Task Force (FATF): Materials on tax evasion, money laundering and financing of terrorism — History
• Germany, Federal Information Service (Bundesnachrichtdienst), “Internationaler Terrorismus“
• Institute for Counter-Terrorism (Israel)
• Israel Ministry of Foreign Affairs, 2016 Cabinet terror communiqué
• LOC, Legal provisions on fighting extremism
• LOC, Law Library of Congress staff report on terrorism: foreign/international legal responses in selected foreign countries
• National Military Strategy of the United States of America 2004 (archived copy)
• U.K. MI5, Counter-Terrorism
• U.K. Crown Prosecution Service, “Terrorism”
• 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 (Dec. 2021)
• U.S. Dept of Homeland Security, Patterns of Intervention in Federal Terrorism Cases, Interim Report (Aug. 2011) (another copy)
• U.S. Dept. of Justice, Office of the Inspector General, Report on the Brandon 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 (2017)
• U.S. Dept. of Treasury, Office of Terrorism and Financial Intelligence (“Terrorism and Financial Intelligence develops and implements U.S. government strategies to combat terrorist financing domestically and internationally, and develops and implements the National Money Laundering Strategy as well as other policies and programs to fight financial crimes.”)
• U.S. Government Accountability Office: reports related to terrorism
• National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission)

6.7. Selected Relevant Newspaper Articles

• Afua Hirsch, The human rights of terrorists, Guardian, Sept. 11, 2001
• Martha Mendoza, Rightly or wrongly, thousands convicted of terrorism post-9/11, NBC News, Sept. 4, 2011 (“At least 35,000 people worldwide have been convicted as terrorists since the Sept. 11 attacks. While some bombed hotels or blew up buses, others were jailed for waving a political sign.”)
• Carol J. Williams, CIA torture report seen abroad as proof of U.S. human rights duplicity, L.A. Times, Dec. 9, 2014
• Editorial: Citizenship is a right, not a privilege, even for convicted terrorists, Globe and Mail, Sept. 28, 2015
• Souad Mekhennet, 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, N.Y. Times, Sept. 19, 2016
• Smita Shama, Kashmir unrest: Terrorism grossest violation of human rights, says India; rejects UNHRHC proposal, India Today, Sept. 13, 2016
• Tim Golden and Sebastian Rotella, The Saudi Connection: Inside the 9/11 Case That Divided the F.B.I., N.Y. Times Mag., Jan. 23, 2020
• Janet Reitman, I Helped Destroy People, N.Y. Times Magazine, Sept. 1, 2021 (Terry Albury, FBI anti-terrorism officer, leakage of classified documents, with links) (print version) — Colum. Journal. Rev. comment
• Apostolis Fotiadis et al., A data “black hole”: Europol ordered to delete vast store of personal data: EU police body accused of unlawfully holding information and aspiring to become an NSA-style mass surveillance agency, Guardian, Jan. 10, 2022
• Peter W. Galbraith, Kids in ISIS Detention Camps Don’t Deserve This Fate, N.Y. Times, Feb. 6, 2022
• Steven Wright, Buffalo Shooting Tests Internet Antiterrorism Accord, Wall St. J., May 23, 2022, p. B4 (print version) (“Christchurch Call” against terrorism)

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, 21 IN 639, File A71 458 610, New York, Dec. 23, 1996 (aggravated felony)
• Law Library of Congress, Refugee Law and Policy (various countries)

6.8. Psychology

• T. Pyszczynski, S. Solomon, J. Greenberg, In the Wake of 9/11: The Psychology of Terror (American Psychological Association 2003)
• Randy Borum, Psychology of Terrorism, Mental Health Law & Policy Faculty Publications, Univ. of South Florida (2004)
• Michael P. Arena, Bruce A. Arrigo Social Psychology, Terrorism, and Identity: A Preliminary Re-examination of Theory, Culture, Self, and Society, 23 Behav. Sci. & L. 485 (2005) (abstract)
• Jeff Victoroff, The Mind of the Terrorist: A Review and Critique of Psychological Approaches, 49 J. Conflict Resolution 3 (2005)
• Michael J. Stevens, What is terrorism and can psychology do anything to prevent it, 23 Behav. Sci. & L. 507 (2005)
• David Patrick Houghton, Explaining the Origins of the Iran Hostage Crisis: A Cognitive Perspective, 18 Terrorism and Political Violence 259 (2006) (analogical reasoning s psychological approaches)
• Jerrold M. Post, When Hatred Is Bred in the Bone: Psycho-Cultural Foundations of Contemporary Terrorism, 26 Polit. Psychol 615 (2005)
• Jerrold M. Post, The Mind of the Terrorist: The Psychology of Terrorism from the IRA to al-Qaeda (Palgrave Macmillan 2007)
• Sophia Moskalenko, Clark McCauley, The psychology of lone-wolf terrorism. 24 Counseling Psychology Quarterly 115 (2011)
• Roger Griffin, Terrorist’s Creed: Fanatical Violence and the Human Need for Meaning (Palgrave Macmillan, 2012)
• Randy Borum, Psychological Vulnerabilities and Propensities for Involvement in Violent Extremism, 32 Behav. Sci. Law 286 (2014)
• Akimi Scarcella1, Ruairi Page, Vivek Furtado, Terrorism, Radicalisation, Extremism, Authoritarianism and Fundamentalism: A Systematic Review of the Quality and Psychometric Properties of Assessments, 11 PLOS ONE 1 (2016)
• American Psychologist, Special Issue: Psychology of Terrorism, vol. 72, issue 3 (2017) (“This special issue presents a series of articles that showcase new conceptual, theoretical, and empirical advances in our understanding of terrorism.”) — Introduction
• Rex A. Hudson, Who Becomes a Terrorist and Why?: The Psychology and Sociology of Terrorism (Skyhorse Pub. 2018)
• Sagit Yehoshua, Terrorist Minds: From Social-psychological Profiling to Assessing the Risk (World Scientific, 2020)
• Neil Shortland, The Psychology of Terrorism (The Psychology of Everything) (Routledge 2020) (author’s posted excerpt)
• Archive.org: available books on “psychology of terrorism” for reading online

6.9. Geography

• John C. Rock, The Geographic Nature of Terrorism, Univ. of Buffalo (2003?)
• Robert D. Kaplan, The Revenge of Geography: What the Map Tells Us About Coming Conflicts and the Battle Against Fate (2012)
• Richard M. Medina, George F. Hepner, The Geography of International Terrorism: An Introduction to Spaces and Places of Violent Non-State Groups (Routledge 2013)
• Kathy Gilman, The Geography of Terrorism, The Atlantic, Nov. 18, 2014 (“More than 80 percent of last year’s terrorism fatalities occurred in just five countries”)
• Stephen C Nemeth, Jacob A Mauslein, Geography and the Certainty of Terrorism Event Coding, 4 J. Global Sec’y Stud. 227 (2018)
• Daanish Mustafa, Julian R. Shaw, Oxford Bibliography, Geography of Terrorism (2013/2019)
• Andrew Braden, Matthew Cobb, Alex Braithwaite, Oxford Bibliography, Geography of Terrorism (2018/2020)

7. Relevant Aspects of Law

7.1. Criminal (Penal) Law

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 some major 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 U.K., 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, U.K. 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.[38]

7.2. Case Law: Selected Opinions

• U.S. v. Afshari, 426 F.3d 1150 (9th Cir. 2003) (assistance to Mujahedin-e Khalq)
• Benevolence Intern. Fdn. v. Ashcroft, 200 F.Supp.2d 935 (N.D. Ill. 2002) (“this search was conducted pursuant to the emergency search provisions of the Foreign Intelligence Surveillance Act (‘FISA’), 50 U.S.C. §§ 1801 et seq.”) — Case below, 222 F.Supp.2d 1005 (N.D. Ill. 2002)
• United States v. Ali Asad Chandia, 395 Fed. Appx. 53 (4th Cir. 2010), remanding for resentencing
• U.S. v. Bin Laden et al., 90 F.Supp.2d 484 (S.D. N.Y. 2000); 92 F.Supp.2d 225 (S.D. N.Y. 2000); 91 F.Supp.2d 600 (S.D. N.Y. 2000); 109 F.Supp.2d 211 (2000); 116 F. Supp. 2d 489 (S.D.N.Y. 2000) (Table of authorities) — In the Moment of Greatest Calamity: Terrorism, Grief, and a Victim’s Quest for Justice (Princeton U.P. 2006) — Defendant Khalfan Khamis Mohamed] connected to alleged Tanzania bombers, CNN Law Center, Mar. 14, 2001
• Havlish v. Bin Laden, No. 1:02-cv-00305 (D. D.C.), Docket — Memo. Decision & Order
• Caballero v. Fuerzas Armadas Revolucionarias de Colombia, 2022 WL 130924 (D. Conn.) (Terrorism Risk Insurance Act of 2002)
• 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)
• U.S. v. Adel Daoud, 980 F.3d 581 (7th Cir. 2020) 19-2174 (CourtListener version); No. 12-cr-723, 2014 U.S. Dist. LEXIS 10716, 2014 WL 321384
• Delloye v. Revolutionary Armed Forces of Colombia, 2022 WL 36292 (M.D. Pa.) (FARC kidnapped Delloye’s mother, Ingrid Betancourt. 14 Defendants were high-ranking FARC members who participated in FARC’s decision to kidnap Betancourt and hold her hostage. Claim under Antiterrorism Act (ATA), 18 U.S.C. § 2333)
• U.S. v. Wadi El-Hage, 213 F.3d 74 (2d Cir. 2000), case below, No. 1:98-cr-01023 (S.D.N.Y.), Docket
• Elhassani v. United States Citizenship and Immigration Services, 2022 WL 168631 (USCIS denied Petitioner’s citizenship application on the ground that he (1) was affiliated with ISIS2 and (2) intentionally lied to obtain an immigration benefit)
• U.S. v. Faris, 388 F.2d 452 (4th Cir. 2004), vacated and remanded, 544 U.S. 916 (2004), conviction and sentence affirmed, 162 Fed.Appx. 199, 2005 U.S. App. LEXIS 29066, 2005 WL 3556095 (4th Cir. 2005)
• U.S. v. Fields, 3:18-cr-00011, (W.D. Va. 2020) (Charlottesville car attack) — NPR (“no domestic terrorism law exists”) — CBS (Fields sentenced to life plus 419 years)
• U.S. 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
• Fuld v. Palestine Liberation Organization, 2022 WL 62088, 2022 U.S. Dist. LEXIS 3102 (S.D. N.Y.) (Plaintiffs are the wife and four children of Ari Yoel Fuld, an American citizen who, on September 16, 2018, was brutally stabbed to death outside a mall in Gush Etzion, a settlement located in the West Bank. Question whether this “deemed consent” jurisdiction under ATA is consistent with the requirements of due process.)
• United States v. Ghailani et al., 733 F.3d 29 (2d Cir. 2013) (CourtListener version), cert. denied, 572 U.S. (2014); case below 761 F.Supp.2d 167 (S.D. N.Y. 2011), 751 F.Supp.2d 515 (S.D. N.Y. 2010) — Ghailani v. Sessions, 859 F.3d 1295 (10th Cir. 2017) (Religious Freedom Restoration Act: right of prisoner at ADX Florence under special administrative measures to participate in group prayer) — Charlie Dunlap, Do GITMO detainees really want to transfer to stateside? Only time will tell, Lawfire, Sept. 6, 2016 — Jennifer K. Elsea, Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court, Congressional Research Service (Mar. 2014)
• 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. 507 (2004); on remand: 378 F.3d 426 (4th Cir. 2004) (nationality issue, enemy combatant)
• U.S. v. Haouari, 2001 WL 1586676 (S.D. N.Y.) (denial of motion for new trial)
• U.S. v. Hari, (2:18-cr-20014) (C.D. Ill. 2021) — DoJ press release: Dar al-Farooq Mosque Bomber Sentenced to 53 Years in Prison (2021) — Washington Post, Sept. 14, 2021, Head of armed group that bombed Minnesota mosque in act of “domestic terrorism” gets 53 years in prison
• Holder v. Humanitarian Law Project, 561 U.S. 1 (2010) (provision of legal services as material support for terrorism, foreign terrorist organization) — SCOTUSblog (documents) — Columbia Law Global Freedom of Expression — Oyez summary — Robert M Chesney, The Supreme Court, Material Support, and the Lasting Impact of Holder v. Humanitarian Law Project, 1 Wake Forest Law Review Forum 13 (2011) — James Weinstein, Ashutosh Bhagwat, Bad Law, How the United States Supreme Court mishandled the free speech issue in Holder v. Humanitarian Law Project, in Ian Cram, ed., Extremism, Free Speech and Counter-Terrorism Law and Policy (Routledge 2019)
• 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)
• Ashcroft v. Iqbal, 556 U.S. 662 (2009) (post 9/11 case: senior government officials not liable for certain actions of subordinates)
• Islamic American Relief Agency v. Unidentified FBI Agents, 394 F.Supp.2d 34 (D. D.C. 2005), aff’d as Islamic American Relief Agency v. Gonzales, 477 F.3d 728 (D.C. Cir. 2007). (“Office of Foreign Assets Control (‘OFAC’), designated the IARA, including the IARA-USA, as a Specially Designated Global Terrorist (‘SDGT’), and blocked [its] assets”).
• U.S. v. Islamic American Relief Agency, No. 4:07-cr-00087 (W.D. Mo.) — Docket — Plea Agreement — Indictment — Judgment on Motion for Severance — Judgment on “Motion to Dismiss Counts 1 through 12 of the Second Superceding [sic] Indictment”, 2009 U.S. Dist. LEXIS 107541, 2009 WL 4016478 (“Defendants are charged in various counts of a forty-two count Indictment. They now seek dismissal of Counts 1 through 12. In Count 1, Defendants are charged with conspiracy to violate the International Emergency Economic Powers Act (“IEEPA”) and the Iraqi Sanctions Regulations by transferring funds into Iraq.”)
• In re Islamic Republic of Iran Terrorism Litigation, 659 F.Supp.2d 31 (D. D.C. 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 WL 6468977, 2014 U.S. Dist. LEXIS 162373
• Pennington v. Islamic Republic of Iran, 2022 WL 168261, 2022 U.S. Dist. LEXIS 9529 (D. D.C. Jan. 19, 2022), (Determination of amount of default judgment on liability against Defendant Islamic Republic of Iran for a series of sixteen terrorist attacks against members of the United States military in Iraq) — 2021 U.S. Dist. LEXIS 117666, 2021 WL 2592910 (Default judgment)
• U.S. v. Jayyousi, 657 F.3d 1085 (11th Cir. 2011)
• U.S. v. Kotey and Elsheikh, 1:20-cr-00239 (E.D. Va., 2022), Docket — Indictment — DoJ Press Release — Federal Register — Dipesh Gadher, Murdered Briton’s daughter to confront Isis “Beatle”, Sunday Times, Mar. 27, 2021, p. 17 (print version); Aruna Viswanatha, ISIS Hostage-Taking Trial Opens, Wall St. J., Mar. 31, 2022, p. A4 (print version) — David Charter, British “Beatle” El Shafee Elsheikh found guilty for role in Islamic State beheadings, Times (London), Apr. 14/15, 2022 (print version) — Glenn Thrush and Adam Goldman, Islamic State Militant Sentenced to 8 Life Terms in Killing of U.S. Hostages, N.Y. Times, Aug. 19/20, 2022 (print version)
• Latif v. Holder, 28 F. Supp. 3d 1134 (D. Or. 2014) (No-Fly List)
• U.S. v. Lindh, 212 F.Supp.2d 541, 574 (E.D. Va. 2002) (“American citizen who … joined certain foreign terrorist organizations in Afghanistan”)
• U.S. v. McVeigh, 153 F.3d 1166 (10th Cir. 1998) — Mark Lawson Fetter, The criminal behavior and motivations behind McVeigh’s decision to bomb the Murrah Federal Building, Thesis, California State University, San Bernardino, 2002
• Mustafa Kamal Mustafa (“Abu Hamza”), U.K. cases (via bailli.org) — Counter Extremism Project — Richard Woods, David Leppard, How Liberal Britain Let Hate Flourish, Sunday Times (London), Feb. 12, 2006. U.S. cases:
  • 965 F.Supp.2d 451 (S.D. N.Y. 2013)
  • 7 F.Supp.3d 334 (S.D. N.Y. 2014)
  • 14 F.Supp.3d 515 (S.D. N.Y. 2014)
  • 16 F.Supp.3d 236 (S.D. N.Y. 2014)
  • 2014 WL 1621277 (S.D. N.Y. 2014)
• U.S. v. Nichols, 169 F.3d 1255 (10th Cir. 1999)
• Padilla Ex Rel. Newman v. Bush, 233 F. Supp. 2d 564 (S.D. N.Y. 2002)
• Padilla v. Rumsfeld, 352 F.3d 695 (2d Cir. 2003) (executive powers in relation to “enemy combatant” terrorism suspect)
• Padilla v. Hanft, 423 F.3d 386 (4th Cir. 2005) (Padilla must either be criminally charged or released); 432 F.3d 582 (4th Cir. 2005) (deferral to Supreme Court; cert. denied at 126 S.Ct. 1649) — N.Y. Times, articles on “José Padilla” .
• U.S. v. Muhtorov, 702 Fed.Appx. 694 (10th Cir. 2017) and U.S. v. Jumaev, 2021 U.S. App. LEXIS 36168 (10th Cir. 2021) — Michael Karlik, In 2-1 decision, 10th Circuit upholds terrorism convictions and foreign surveillance protocols, Colorado Politics, Dec. 9, 2021 (archived copy) — Muhtorov Docket — Jumaev Docket
• Jose Padilla v. John Yoo, 09-16478 (9th Cir. 2012) (John Yoo entitled to qualified immunity)
• José Padilla and Estela Lebron, Report No. 118/19 Inter-American Commission on Human Rights, Report on admissibility
• Samantha A. Pitts-Kiefer, Jose Padilla: Enemy Combatant or Common Criminal, 48 Villanova L. Rev. 875 (2003); and see U.S. v. Sedaghaty below.
• In re People’s Mojahedeen of Iran, 630 F.3d 832 (D.C. Cir. 2012)
• U.S. v. Rahman, 189 F.3d 88 (2d Cir. 1999)
• U.S. v. Reid, 214 F.Supp.2d 84 (D. Mass. 2004), aff’d 369 F.3d 619 (1st Cir. 2004)
• Retana v. Twitter Inc., 1 F.4th 378 (5th Cir. 2021) — 5th Cir. Docket — Bloomberg Law summary — Case below, 419 F. Supp. 3d 989 — N.D. Tex. Docket — N.D. Tex. Complaint
• Pennie v. Twitter, Inc., 281 F. Supp. 3d 874 (N.D. Cal. 2017) (order granting motion to dismiss) (“This case arises from a July 7, 2016 mass shooting in which Micah Johnson ambushed and killed five police officers in Dallas, Texas.”)
• U.S. v. Salimeh, 152 F.3d 88 (2d Cir. 1998), 261 F.3d 271 (2d Cir. 2001)
• U.S. v. Salman, 241 F.Supp.3d 288 (M.D. Fla. 2017) (Gov’t motion for revocation of release order; widow of Orlando’s Pulse Nightclub shooter Omar Mateen; tried on charges of terrorism; acquitted: Patricia Mazzei, Noor Salman Acquitted in Pulse Nightclub Shooting, N.Y. Times, March 30, 2018)
• U.S. v. Sattar, 272 F.Supp.2d 348 (S.D. N.Y.2003); S.D. N.Y. Docket, Case No. 1:02-cr-00395-JGK-1; U.S. v. Sattar, 314 F.Supp.2d 279 (S.D. N.Y.2004) (CourtListener version); U.S. v. Sattar, 395 F.Supp.2d 79 (S.D. N.Y. 2005) (CourtListener); appeals at 590 F.3d 93 (2d Cir. 2009) (CourtListener), 597 F.3d 514 (2d Cir. 2010) (CourtListener), 686 F.3d 156 (2d Cir. 2012) (conviction of lawyer for Rahman); further documents on Lynne Stewart site and on Cryptome.org — Maya Hess, Translator, traitor: A critical ethnography of a U.S. terrorism trial, Dissertation, CUNY 2014 — CNN Report — Peter Margulies, The Virtues and Vices of Solidarity: Regulating the Roles of Lawyers for Clients Accused of Terrorist Activity, 62 Md. L. Rev. 173 (2003) — David Cole, The New McCarthyism: Repeating History in the War in Terrorism, 38 Harv. C.R.-C.L. L. Rev. 1-30 (2003) — Chris Ford, Fear of a Blackened Planet: Pressured by the War on Terror, Courts Ignore the Erosion of the Attorney-Client Privilege and Effective Assistance of Counsel in 28 C.F.R § 501.3(D) Cases, 12 Wash. & Lee J. Civ. Rts. & Soc. Just. 51 (2006)
• U.S. v. Siddiqui, 2010 WL 11507567 (S.D. N.Y.), aff’d 699 F.3d 690 (2d Cir. 2012), cert. denied, 133 S.Ct. 2371 (2013); 501 Fed.Appx. 56 (2d Cir. 2012); Dist. Ct. Docket, Case No. 1:08-cr-00826 (S.D. N.Y.) — DoJ press release, Aafia Siddiqui found guilty (Feb. 3, 2010) — ADL account of case (Oct. 4, 2010) — Aafia.org comment — Jason Burke, Witness to an assassination plot, Quinnipac Magazine, July 27, 2021
• In re Terrorist Attacks on September 11, 2001, No. 1:03-md-01570 (S.D. N.Y.), Docket
• U.S. v. Yousef, 327 F.3d 56 (2d Cir. 2003)
• U.S. v. Yunis, 681 F. Supp. 896 (D. D.C. 1988) (case briefs), 867 F.2d 617 (D.C. Cir. 1989), 924 F.2d 1086 (D.C. Cir. 1991); and see Adam Wenger, Extraterritorial Jurisdiction Under International Law: The Yunis Decision as a Model for the Prosecution of Terrorists in U.S. Courts, 22 Law & Pol’y Int’l Bus. 409 (1991)
• U.S. v. Yusuf, 536 F.3d 178 (3rd Cir. 2008)
• In re Application under s. 83.28 of the Criminal Code, [2004] 2 S.C.R. 248 (Can.) (sabotage of Air India Flight 182)
• R v. G, R v. J, [2009] UKHL 13 (possession of documents “likely to be useful to a person committing or preparing an act of terrorism”)
• R. v. Ribic, (2003) 250 F.T.R. 161 (TD), 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, [2002] EWHC Admin 644 (Eng.) (defining “terrorism” and “terrorist organization”)
• R (Gillian) v Comr of Police of Metropolis, [2006] UKHL 12 (random stop-and-search by police for “articles of terrorism”)
• Raed Salah Mahajna v. Home Secretary, [2012] UKUT B1 (IAC) (deportation; hate speech, glorification of terrorism) — ACLU comment (with links to case documents)
• N2 v. Home Secretary, SC/125/2015 (Dec. 1, 2016) (asylum denial; glorification of terrorism)
• Home Office v. Tariq, [2011] UKSC 35 (compatibility with EU and human rights law of secrecy in civil service recruitment)
• Averill v. United Kingdom [2000] E.C.H.R. 212, European Court of Human Rights: rights of persons (particularly those charged with terrorist offenses) upon arrest)
• Major FBI cases
• Guantánamo cases and issues
  • Joanne Mariner, Hamdi, Lindh, Terrorism and the Courts, Findlaw, July 22, 2002 (on “enemy combatants”)
  • In Re Guantanamo Detainee Cases, 355 F. Supp. 2d 443 (D. D.C. 2005)
  • Hamdan v. Rumsfeld, 548 U.S. 557 (2006)
  • Boumediene v. Bush, 553 U.S. 723 (2008)
  • In Re Guantanamo Detainee Litigation, 706 F. Supp. 2d 120 (D. D.C. 2010)
  • Omar Ashmawy, I was a prosecutor at Guantánamo. Close the prison now, Washington Post, 2021 (archived copy)
  • Pankaj Mishra, Terrorists Didn’t Change the World, We Did, Bloomberg, 2021
  • Lee Wolosky, What I Learned When I Tried to Close Guantanamo, Politico, 2021
  • Carol Rosenberg, “20th Hijacker” Is Returned to Saudi Arabia for Mental Health Care, N.Y. Times, Mar. 7, 2022
• Daniel Pearl murder
  • State v. Fahad Naseem, Anti-Terrorism Court (ATC) Hyderabad
  • Judgement of the Anti-Terrorism Court, Hyderabad, Sindh, Pakistan, July 15, 2002
  • SHC terms Omar Sheikh’s detention null and void, asks release of acquitted
  • SC allows Omar Saeed Sheikh to be moved to Lahore’s Kot Lakhpat jail, Mar. 25, 2021
  • Prosecution failed to prove guilt of main accused in Daniel Pearl case: SC, Mar. 27, 2021
  • The detailed verdict of the Supreme Court in the Daniel Pearl case has once again established the poor state of investigation and prosecution in Pakistan, Dawn, Mar. 29, 2021
  • Husain Haqqani, Acquitting Daniel Pearl’s Killer is Part of Pakistan’s Dance with Jihadism, Wall St. J., Jan. 28, 2021
• Salah Abdeslam (Bataclan murders, Paris, 2022)
  • Case chronology (Le Journal du Dimanche)
  • Background on defendant (Europe1)
  • Resumption of case following adjournment for COVID-19 (Franceinfo)
  • Constant Méheut, Aurelien Breeden, 20 Men Convicted in November 2015 Paris Terrorist Attack, N.Y. Times, June 30, 2022, p. A5 (print version)
• Ali Riza Polat et al. (Charlie Hebdo trial 2020)
  • BBC: A Paris court has found 14 people guilty of involvement in a series of deadly militant Islamist attacks. The January 2015 attacks on Charlie Hebdo magazine, a policewoman and a Jewish supermarket left 17 people dead.
  • Shirli Sitbon, Inside the Trial of the “Right-hand Man” Who Aided Paris Hyper Cacher Killer, Ha’aretz English, Dec. 17, 2020
  • Attentats de janvier 2015 : le procès en appel prévu en septembre-octobre 2022, Europe1, Jan. 5, 2022
  • AFP, “You will pay:” Paris kosher market suspect warns police witness during trial, Times of Israel, Oct. 16, 2020
  • Le Point, Procès des attentats de janvier 2015 : Ali Riza Polat condamné à 30 ans de prison, YouTube (2021)
  • Jean-Charles Brisard, The Paris Attacks and the Evolving Islamic State Threat to France, 8 CTC Sentinel 5 (2015)
  • Gavan Titley et al., After Charlie Hebdo Terror, Racism and Free Speech (Zed Books 2017)
• Anders Breivik
  • The July 22 Center, The trial against Breivik in 2012
  • Sindre Bangstad, Anders Breivik and the Rise of Islamophobia (2014)
  • Oslo Tingrett, Center for Research on Extremism, Research on the 22 July terror attacks (2021)
  • Verdict: Lawsuit regarding prison regime and claimed violation of human rights (ECHR, held inadmissible)
• “Nottingham Two” case (academic freedom in researching terrorism)
  • History of case (Wikipedia)
  • Alf Gunvald Nilsen, Attacking Academic Freedom: The Case of The Nottingham Two and a Whistleblower (2011)
  • Ryan Gallagher, Dr Thornton and the University of Nottingham Saga (2011)
  • So-called Al Qaeda training manual, crux of case (from U.S. DoJ via FAS)
• Derbyshire Schoolgirl (14 y.o. “exploited” schoolgirl “in possession of bomb-making video”, youngest ever accused) (iNews 2021) — “Terror case dropped” (BBC 2022)

7.3. Other Illustrative U.K. Cases

• Leicester City Council v T, [2016] EWFC 20 (care orders in relation to three children where mother intended to travel to Syria after contact with jihadists)
• Secretary of State for the Home Department v GG, [2016] EWHC 1193 (Admin) (G had been arrested in 2005 for terrorism offences. No evidence justifying prosecution was found and he was released, but a control order was made against him.)
• S1 v Secretary of State for the Home Department, [2016] EWCA Civ 560 (Deprivation of citizenship) — On annulment of nationality even of British-born citizens, see Haroon Siddique, New bill quietly gives powers to remove British citizenship without notice, Guardian, Nov. 17, 2021.
• Secretary of State for the Home Department v E3, [2019] EWCA Civ 2020 (“once the secretary of state had demonstrated that he was satisfied that the deprivation order would not render the individual stateless, the burden of proving that the individual would be rendered stateless by the deprivation order was on the individual”)
• ZZ (France) v Secretary of State for the Home Department, [2014] EWCA Civ 7 (EU citizen refused admission to U.K.)
• R. v. Ali Harbi Ali, Central Crim. Ct., Apr. 11, 2022, Crown Prosecution Service Press release, Fiona Hamilton et al., Sir David Amess killer faces whole-life sentence for murder, Defendant also convicted of preparing acts of terrorism after targeting Michael Gove, The times (London) Apr. 12, 2022 (print version)

7.4. Previous Terrorist Cases, Reports

• Dan Barry, Police Break Up Suspected Bomb Plot in Brooklyn, N.Y. Times report, Aug. 1, 1997
• Robert D. McFadden, Suspects in Bomb Plot Took Two Paths from the West Bank, N.Y. Times, Aug. 3, 1997 (Planners of subway bombing, “more aimless than ardent”, not part of any broad organized conspiracy)
• Discussion of the Front de Libération du Québec (in French)
• Discussion: Movimiento Independentista Revolucionario Armado (MIRA)
• George Jonas, Vengeance: The True Story of an Israeli Counter-Terrorist Team (Simon & Schuster, 2005) (Munich Olympic massacre, 1972)
• Sam Borden, Long-Hidden Details Reveal Cruelty of 1972 Munich Attackers, N.Y. Times, Dec. 1, 2015
• AICE Jewish Virtual Library, Munich Olympics Massacre, 1972
• PBS film, Munich ‘72 & Beyond
• N.Y. Times, May 21, 2002: FBI director warns “Suicide Attacks Certain in U.S.”
• Puerto Rico: U.S. v. Rodriguez, 803 F2d 318 (7th Cir. 1986) (FALN)
• Quebec: R. v. Vallieres, [1970] 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, Documents
• U.S. 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)
• Law Enforcement Problems at the Border Between the United States and Canada: Drug Smuggling, Illegal Immigration and Terrorism, Hearing, Subcommittee on Immigration and Claims of the Committee on the Judiciary, House of Representatives, April 14, 1999
• Jeffrey William Lewis, Ten Terrorists Attacks in History (Ohio State Univ. 2016)
• World Atlas, 29 Worst Terrorist Attacks in World History (2019)
• Chris Alcantara, 46 years of terrorist attacks in Europe, visualized, Washington Post, updated July 17, 2017
• U. Cal. Davis, Human rights: Detainee biographies (al-Qaida)

7.5. Prosecution in the USA Based on Violation of a Foreign Statute (Not Necessarily Terrorism-Related)

• U.S. 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)
• U.S. v. Miller, 26 F.Supp.2d 415 (N.D. N.Y. 1998) (Canadian customs and excise fraud; money laundering)
• U.S. v. Pasquantino, 336 F.3d 321 (4th Cir. 2003, aff’d 544 U.S. 349 (2005) (Canadian customs and excise fraud, alcohol)
• U.S. v. Trapilo, 130 F.3d 547 (2d Cir. 1997) (Canadian customs and excise fraud, tobacco)
• Compare: U.S. v. Bean, 537 U.S. 7 (2002) (denial of firearms license based on Mexican conviction, reversing 253 F.3d 234 (5th Cir. 2001))

7.6. Books, Online Articles, and Other Materials

• John Akins, The Terrorism Trap: The Hidden Impact of America’s War on Terror, Univ. of Tenn. Ph.D. Dissertation (2019)
• 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”
• Tal Becker, Terrorism and the State: Rethinking the Rules of State Responsibility (Bloomsbury 2006)
• Paul Burke, Doaa’ Elnakhala, eds., Global Jihadist Terrorism – Terrorist Groups, Zones of Armed Conflict and National Counter–Terrorism Strategies (Elgar 2021)
• Brian P. Comerford, Preventing Terrorism by Prosecuting Material Support, 80 Notre Dame L. Rev. 723 (2005)
• CRS, American Jihadist Terrorism: Combating a Complex Threat (updated 2014)
• Lisa Daniels, Prosecuting Terrorism in State Court, Lawfare (Oct. 2016)
• Alain de Benoist, Carl Schmitt Today: Terrorism, Just War, and the State of Emergency (Arktos Media 2014)
• Helen Duffy, The ‘War on Terror’ and the Framework of International Law (Cambridge 2005)
• Richard English, The Cambridge History of Terrorism (2021)
• Dakota Foster, Daniel Milton, Children at War: Foreign Child Recruits of the Islamic State, 11 CTC Sentinel 11 (2018)
• Akbar Ganji, The Responsibility of Ayatollahs and Muftis for Terrorism, The World Post, Dec. 15, 2015
• Adrian Guelke, Terrorism and Global Disorder: Political Violence in the Contemporary World (I.B. Taris 2006)
• Jonathan Hafetz, Punishing Atrocities Through a Fair Trial: International Criminal Law from Nuremberg to the Age of Global Terrorism (Cambridge 2018)
• Bruce Hoffman, Inside Terrorism (Columbia U. P. 2006) (In the series Columbia Studies in Terrorism and Irregular Warfare)
• Human Rights Watch, U.S.: Terrorism Prosecutions Often an Illusion: Investigations, Trials of American Muslims Rife with Abuse (2014)
• Global Peace Index (GPI) report, produced yearly by the Institute for Economics and Peace
• Wayne McCormack, Understanding the Law of Terrorism, 2nd Ed. (Carolina Academic Press 2015)
• Lee Jarvis, Michael Lister, ed., Critical Perspectives on Counter-terrorism (Routledge 2015)
• The Law Society, Anti-terrorism practice note (England, 2021)
• Library of Congress Research Studies: Terrorism and Crime
• Robert S. Litt, Wells C. Bennett, Better Rules for Terrorism Trials, Brookings (2009) (“The dispute about the optimal forum in which to try terrorists is, in reality, a dispute about what rules should apply in those trials.”)
• Stuart Macdonald, Prosecuting Suspected Terrorists: Precursor Crimes, Intercept Evidence and the Priority of Security (Routledge 2015)
• Thomas Michael McDonnell, The United States, International Law and the Struggle against Terrorism (Routledge 2009)
• Peter Margulies, The Detainees’ Dilemma: The Virtues and Vices of Advocacy Strategies in the War on Terror, 57 Buff. L. Rev. 347 (2009)
• Jonathan Andre Matusitz, Terrorism and Communication (Sage 2012)
• Jonathan Andre Matusitz, Symbolism in Terrorism: Motivation, Communication, and Behavior (Rowman & Littlefield 2015)
• Max-Planck Institute for Foreign and International Criminal Law, Web portal, Terrorism
• Greg Miller, Louisa Loveluck, Justice Department accuses Ericsson of failing to fully disclose alleged fraud and possible payments to ISIS, Washington Post, Mar. 2/3, 2022 (print version) (“The telecom giant said it had been notified it was in violation of a billion-dollar legal settlement after media reports of wrongdoing in Iraq”)
• Peter Olsson, The Making of a Homegrown Terrorist: Brainwashing Rebels in Search of a Cause (Praeger 2014)
• Ian Michael Oxnevad, Making a Killing: The Cause of Misfire in Counter-Terrorist Financing Regulation (2019) (pub. as Making a Killing: States, Banks, and Terrorism, McGill-Queen’s Univ. Press, 2021)
• Kent Roach, Comparative Counter-Terrorism Law (2015)
• Katherine Ruzenski, Balancing Fundamental Civil Liberties and the Need for Increased Homeland Security: The Attorney-Client Privilege After September 11th, 19 J. Civil Rights & Econ. Devel. 467 (2005)
• David Scheffer, Options for Prosecuting International Terrorists, United States Institute of Peace Special Report (Nov. 2001)
• Allison G. Smith, How Radicalization to Terrorism Occurs in the United States: What Research Sponsored by the National Institute of Justice Tells Us, National Institute of Justice (2018)
• U.K. Crown Prosecution Service, Counter-Terrorism Division, Successful prosecutions since the end of 2006
• U.K.: Terrorists to lose human rights to socialize in prisons, Daily Telegraph Apr. 27, 2022; Times (London), Apr. 27, 2022
• U.S. Department of Justice, Criminal Resource Manual, 18 U.S.C. § 2339A — Providing “material support” for terrorists
• U.S. Federal Emergency Management Agency: General information about terrorism
• U.S. House Permanent Select Committee on Intelligence. Worldwide Threat Assessment of the US Intelligence Community (Feb. 2016)
• U.S. Senate Select Committee on Intelligence, Reports, 1976 to present
• Asma T. Uddin, 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)
• 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)
• Stacey Wright, The Difficulties in Terrorism Prosecution, S.J. Quinney College of Law, Univ. of Utah (Nov. 2014)
• Washington Post, Pandora Papers: A Global Investigation (2021) (“Foreign money secretly floods U.S. tax havens. Some of it is tainted.”)
• COFFFERS EU Horizon 2020 Project: Money Laundering and Tax Evasion
• Clive Walker, Terrorism and the Law (OUP, 2011)

7.7. Selected Law Review Articles

• Ishrat Abbasi1, Mukesh Kumar Khatwani, An Overview of the Political Theories of Terrorism, 19 IOSR Journal of Humanities and Social Science 103 (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. Pol. L. 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)
• James J. Benjamin Jr., In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Courts — 2009 Update and Recent Developments
• 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)
• Anthony J. Colangelo, A Unified Approach to Extraterritoriality, 97 Va. L. Rev. 1019 (2011)
• Lisa Daniels, Prosecuting Terrorism in State Court (Lawfare Oct. 2016)
• Tiberiu Dragu and Mattias Polborn, The Rule of Law in the Fight against Terrorism, 58 Am. J. Pol. Sci. 511 (2014)
• Philippe Eugène Duhart, Talking with terrorists, talking with governments: insurgent perspectives on legitimisation and engagement, 12 Crit. Stud. on Terrorism 395 (2019)
• S. Chehani Ekaratne, Redundant Restriction: The U.K.’s Offense of Glorifying Terrorism, 23 Harv. Human Rights J. 206 (2010)
• M. Michelle Gallant, Tax and Terrorism: A New Partnership?, 14 J. Financial Crime 453 2007)
• Joshua Gross, Talking with terrorists: Terrorist groups and the challenge of legitimization, 21 Woodrow Wilson School Journal of Public and International Affairs 93 (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)
• Ana Luquerna, The Children of ISIS: Statelessness and Eligibility for Asylum under International Law, 21 Chicago J. Int’l L. 148 (2020)
• Innocent Maja, Defining International Terrorism in Light of Liberation Movements, GlobaLex (July 2008) (“The main obstacles in the way of a definition of international terrorism are disagreements on the content of international terrorism, on whether wars of self-determination constitute terrorism, the politics of the cold war epoch, and the tension between combating terrorism and human rights.”)
• Jordan J. Paust, Antiterrorism Military Commissions: Courting Illegality, 23 Mich. J. Int’l L. 1 (2001)
• Ezekiel Rediker, The Incitement of Terrorism on the Internet: Legal Standards, Enforcement, and the Role of the European Union, 36 Mich. J. Int’l L. 321 (2015)
• Stephen J. Schulhofer, Prosecuting Suspected Terrorists: The Role of the Civilian Courts, 2 J. of the ACS Issue Groups 63 (2008)
• Mitchell D. Silber, Terrorist Attacks Against Jewish Targets in the West (2012-2019): The Atlantic Divide Between European and American Attackers, 12(5) CTC Sentinel 30 (May/June 2019)
• James C. Simeon, The Evolving Common Law Jurisprudence Combatting the Threat of Terrorism in the United Kingdom, United States, and Canada, 8 Laws 5 (2019)
• Abraham D. Sofaer, Terrorism and the Law, 64 Foreign Aff. 901 (1985-1986) (Columbia Law School Sulzbacher lecture, Apr. 5, 1986) (free access at many library Web sites via JSTOR, HEIN, LexisNexis and others; log in with a participating library card)
• 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)
• Mustafa Coşar Ünal, Terrorism versus insurgency: a conceptual analysis, 66 Crime Law Soc. Change 21 (2016)
• U.S. Commission on International Religious Freedom, Respecting Rights? Measuring the World’s Blasphemy Laws

7.8. Conflict with Freedom of Speech

• Flemming Rose, Denmark sacrifices freedom of speech in the name of fighting terror, Politico.eu, May 12, 2016
• Scott Shane & Adam Goldman, Extremist imam tests F.B.I. and the limits of the law, N.Y. Times, Sept. 30, 2016 — (archived copy)
• Richard Bernstein, What is free speech, and what is terrorism?, N.Y. Times, Aug. 14, 2005
• 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)
• 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

7.9. Specific Instances of Terrorism

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 not be logical and proportionate. Terrorism that is far away and unlikely to impinge on domestic interests escapes the popular imagination,[39] 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 (PLO)
• Cyanide in Chilean grapes (Manuel Rodriguez Patriotic Front and Leftist Revolutionary Front)
• FDA, Protecting the Food Supply from Intentional Adulteration, such as Acts of Terrorism

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. COVID-19 is different from the foregoing, at least today, at the time of writing. 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.[40] In the United States, the assumption is that executive clemency can be used to resolve the tragedy of miscarriage of justice yet actual use of the pardon power may be capricious. 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.[41] 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 Donald Trump. This is true if only because Political Islam has been distinguished from Islam as a religion.[42] Racial and ethnic profiling as such is anti-democratic, yet without being used as epithets or offending privacy or civil rights they 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:

7.10. The Risk of Radiological Terrorism is Undiminished

• Graham Allison, Nuclear Terrorism: The Ultimate Preventable Catastrophe (Henry Holt, 2005)
• Louis René Beres, On International Law and Nuclear Terrorism, 24 Ga. J. Int’l & Comp. L. 1 (1994)
• John Burroughs, International Law and First Use of Nuclear Weapons, Harvard University conference entitled “Presidential First Use: Is it legal? Is it constitutional? Is it just?”, Feb. 28, 2018
• Bulletin of the Atomic Scientists, What Does “Nuclear Terrorism” Really Mean? (2016)
• German Council on Foreign Relations, Nuclear Terrorism, A Plausible and Pestilent Threat (2021)
• IAEA, Nuclear Terrorism: Identifying and Combating the Risks (2005)
• Leah Litman, Cleaning House – Dirty Bombs and the Nuclear Non-Proliferation Treaty, 25 Harv. Int’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).
• Interpol, Our response to radiological and nuclear terrorism
• Testimony of Dr. Henry Kelly, President, Federation of American Scientists, before the Senate Committee on Foreign Relations, March 6, 2002
• John J. Klein, Deterring and Dissuading Nuclear Terrorism, 5 J. Strategic Security 15 (2012)
• Robert S. Litwak, Wilson Center, Deterring Nuclear Terrorism (2016)
• NATO Review Magazine, Could ISIL Go Nuclear? (2015)
• NEA, International Convention for the Suppression of Acts of Nuclear Terrorism (ICSANT)
• Nuclear Threat Initiative, Washington, D.C.
• RAND Corp., Nuclear Terrorism (bibliography)
• Nickolas Roth, U.S. Priorities for Reducing the Risk of Nuclear Terrorism, The Henry L. Stimson Center (2021)
• Srdjan Rutic, Nuclear terrorism, Military Technical Courier, Apr. 2016
• Union of Concerned Scientists, Nuclear Terrorism Overview (2008)
• Hamid Mohtadi, Antu Murshid, A Global Chronology of Incidents of Chemical, Biological, Radioactive and Nuclear Attacks: 1950-2005 (2006)
• Mollie Williams, Lisa Armstrong, Daniel C. Sizemore. Biologic, Chemical, and Radiation Terrorism Review, NCBI (2021)
• European Parliament, EU. Preparedness and responses to Chemical, Biological, Radiological and Nuclear (CBRN) threats (2021)
• Stephanie Meulenbelt, Assessing chemical, biological, radiological and nuclear threats to the food supply chain, 3 Global Security: Health, Science and Policy 14 (2018)
• Kate Brown, Manual for Survival: A Chernobyl Guide to the Future, W.W. Norton, 2019 (“Chernobyl territory was already saturated with radioactive isotopes from atomic bomb tests before architects drew up plans for the nuclear power plant. And, after Chernobyl as before Chernobyl, the drumbeat of nuclear accidents continued at two dozen other Ukrainian nuclear power installations and missile sites.”) (“‘Acute radiation illness is an accident,’ the Russian hematologist Andrei Vorobiev wrote in his memoirs. ‘Chronic radiation syndrome is a crime.'”)
• Anna Gross, Sarah White, The nuclear power dilemma: where to put the lethal waste, Financial Times, Feb. 7, 2021, p. 17 (print edition) (“Many believe these are sitting ducks for terrorist organisations and that they could potentially cause catastrophic spills or fires.”)
• Iran nuclear deal:
  • Aaron Arnold et al., The Iran Nuclear Archive: Impressions and Implications, Belfer Center for Science and International Affairs, Harvard Kennedy School (Apr. 2019) (with link to archive)
  • Olli Heinonen, “The Iran Nuclear Deal and its Impact on Terrorism Financing”, Testimony before the U.S. House of Representatives’ Task Force to Investigate Terrorism Financing, Belfer Center, July 23, 2015
  • Graham Allison, Nuclear Terrorism: Did We Beat the Odds or Change Them? PRISM, May 15, 2018
  • Daniel L. Byman, Nuclear Deal Fallout: The Global Threat of Iran, Brookings, 2017
  • U.S. v. Cheng, 392 F. Supp. 3d 141 (D. Mass. 2019) (“Defendant failed to show his prosecution relating to his illicit scheme to export pressure transducers, highly sensitive goods with nuclear applications, from the United States to Iran through China violated due process”)
  • Iran Nuclear Terrorism CBRN Research Papers (academia.edu) Bibliography
  • U.S. Treasury Dept., Iran Sanctions
  • U.S. v. Arash Yousefi Jam, No. 2:20-cr-20550-SJM-RSW (E.D. Mich) — Docket — Indictment — DoJ Press Release, “Iranian National Pleads Guilty”
• Josh White, Ukraine accuses Russia of ‘nuclear terrorism’ after fire at power plant spreads panic, Daily Telegraph, Mar. 4, 2022

7.11. Chemical Agents Used as Instruments of Terror

Sarin

• Council on Foreign Relations — 2014 Backgrounder
• Wikipedia article
• Public health issues (CDC)
• CDC National Biomonitoring Program
• CDC Biological and Chemical Terrorism: Strategic Plan for Preparedness and Response
• J. Patocka, J. Fusek, Chemical agents and chemical terrorism, 12 Cent. Eur. J. Pub. Health (Supplement) S75 (2004)

Ricin

• Wikipedia
• Chronology of incidents 1950-2005
• Cornell University
• Medical issues (via archive.org 2004)

Some court judgements thus far on ricin-related incidents have bordered on the bizarre:

• U.S. 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, [2005] EWCA Crim. 1943, [2005] All E.R. (D) 254 (Jul.), [2006] EWCA Crim. 3397; 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, Appeal No. SC/27/2003
• In the Matter of Applications for Bail, A and Others, SC/33/34/35/36/37/38/39, U.K. Special Immigration Appeal Div., Oct. 20, 2005 — Dec. 16, 2005)
• BB v. Home Secretary, SC/39/2005, U.K. Special Immigration Appeals Commission, Dec. 5, 2006

Acid, Corrosives, Biological

• British schoolchildren using acid and ammonia as weapons
• Cyanide
• Mark O. Barnett, A history of weapons of terror: chemical and biological, Chemical and Engineering News, July 19, 2010
• Stefan Riedel, Biological warfare and bioterrorism: a historical review, Proc. Baylor Univ. Med. Ctr v.17(4) (2004)

7.12. Membership in Proscribed Organization

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, [1976] 2 F.C. 665, 67 D.L.R. (3d) 514 (Jehovah’s Witness’s refusal to swear oath) and compare: Elizabeth Ricci, Witness Protection: Effectively Representing a Jehovah’s Witness Applicant for Naturalization Federal Lawyer, Nov/Dec. 2008, p. 22
• 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”)
• U.K. Home Office, Policy paper: Proscribed terrorist groups or organisations (Nov. 2021) (proscription criteria)
• U.S. Department of State, Executive Order 13224, Terrorist Designations and State Sponsors of Terrorism
• U.S. Director of National Intelligence, Terrorist Groups

Membership, or deemed membership, in specific subversive organizations has often had severe consequences under immigration law and, more recently, anti-terrorism law.

7.12.1. U.K. Cases

• R v Z (A-G for NI’s Reference), [2005] 2 A.C. 645 (IRA and similar organizations)
• Sheldrake v. D.P.P., [2005] 1 A.C. 364 (Hamas)
• MM & GY & TY v. Secretary of State for the Home Department, [2015] 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, [2015] UKSC 19 (Terrorism, Deprivation of Citizenship and Statelessness). United Kingdom Immigration Law Blog discussion.
• and see other Law Blog case discussions

7.12.2. US Cases

• Abrams v. U.S., 250 U.S. 616 (1919) (anarchists)
• Pennsylvania v. Nelson, 350 U.S. 497 (1955) (supremacy of federal sedition act over state law)
• Schneiderman v. U.S., 320 U.S. 118 (1943) (denaturalization of communist)
• U.S. 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)

7.13. Organized Crime

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.

7.13.1. 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.)
• U.S. v. Bonanno Organized Crime Family, 879 F.2d 20 (2d Cir. 1989)
• People v. Morales, 20 N.Y.3d 240 (2012) (Defendant convicted of first-degree manslaughter as crime of terrorism)
• U.S. v. Borromeo Enrique Henriquez, 2:20-cr-00577 (E.D. N.Y.) — DoJ press release: MS-13’s Highest-Ranking Leaders Charged with Terrorism Offenses in the United States (2021) — Indictment
• U.S. v. Guzman Loera (“El Chapo”), 2019 WL 2869081, 2019 U.S. Dist. LEXIS 111566 (E.D. N.Y. 2019), aff’d. U.S. v. Guzman Loera, 2022 U.S. App. LEXIS 2182 (2d Cir. N.Y., Jan. 25, 2022) (“Following a three-month trial, a jury found defendant guilty of 10 counts related to his widespread drug trafficking activity as a leader of the Sinaloa Cartel”) — Sherloc comment — but see Paul Rexton Kan, El Chapo Bin Laden? Why Drug Cartels are not Terrorist Organisations, International Centre for Counter-Terrorism (Feb. 2020)

7.13.2. Documentary Materials

• 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: U.S. 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) (archived copy)
• Library of Congress, Terrorist and Organized Crime Groups in the Tri-Border Area (South America) (Jul. 2003) (archived copy)
• Sam Mullins, James K. Wither, Terrorism and Organized Crime, Connections, 2016
• United Nations Convention against Transnational Organized Crime and the Protocols Thereto (2018)
• Kyle Johansen, Racketeering Explained: The Infamous RICO Statute (July 2020)
• U.S. Sentencing Commission, Primer: RICO Guideline (Mar. 2020) (18 U.S.C. § 2332b(g)(5)(B) “adds approximately 50 terrorism-related offenses to the list of racketeering acts.”
• Luis Chaparro, The US is offering $20 million for El Chapo’s sons, but they’re not the only “narcojuniors” on the rise in Mexico’s most powerful cartel, MSN. Dec. 29, 2021

7.14. Crimes Against Foreign Missions and Internationally Protected Persons

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.[43] 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,[44] 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.[45] 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,[46] 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 — See M. K. B. Darmer, Beyond Bin Laden and Lindh: Confessions Law in an Age of Terrorism, 12 Corn. J. L. & Pub. Pol’y 319 (2003)
• U.S. 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)
• U.S. 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 J., 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, [2004] 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)
• Jennifer Baldwin, Medium, Murder of a Diplomat: The unsolved murder of Yosef Alon (2021)
• U.S. v. Khatallah, 278 F. Supp. 3d 1 (D. D.C. 2017) — Dept. of Justice press release (terrorist attack on U.S. Special Mission in Benghazi led by Amb. J. Christopher Stevens)
• List of assassinated serving ambassadors (Wikipedia)

See also the case of the “November 17” Greek anarchist-terrorists who assassinated foreign diplomats.[47]

7.15. Transportation Security

• Passenger Name Record (PNR)
• European Commission, Transfer of Air Passenger Name Record (PNR) Data and Terrorist FinanceTracking Programme (TFTP)
• European Parliament

8. Particular Human Rights Issues; Unintended Consequences

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.[48] 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.

8.1. General

• Office of the United Nations Commissioner for Human Rights
• Amnesty International USA, Security and Human Rights, but see Wikipedia, Criticism of Amnesty International (“claims of selection bias, as well as ideology and foreign policy bias against either non-Western countries or Western-supported countries”)
• Cathy Gilsinan, The Geography of Terrorism, The Atlantic, Nov. 18, 2014
• Source Watch, Center for Media and Democracy, War on Terrorism (2012)
• Markkula Center for Applied Ethics, Racial Profiling in the Age of Terrorism (2002)
• Politico (Europe), Terrorism (current)
• David P. Stewart, Terrorism and Human Rights: The Perspective of International Law (Middle East Inst. 2018)
• Benjamin Glahn, Anver M. Emon, Mark S. Ellis, Islamic Law and International Human Rights Law, (Oxford U. P. 2012)
• Wael B. Hallaq, An Introduction to Islamic Law (Oxford U. P. 2009)

8.2. Law Review Articles

• Janet Cooper Alexander, Jurisdiction-Stripping in the War on Terrorism, 2 Stan. J. Civ. Rts. & Civ. Liberties 259 (2006) (The Detainee Treatment Act)
• Hannah Bloch-Wehba, Confronting Totalitarianism at Home: The Roots of European Privacy Protections, 40 Brook. J. Int’l L. 749 (2015)
• 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 (newspaper article)
• Mary De Ming Fan, The Immigration-Terrorism Illusory Correlation and Heuristic Mistake, 10 Harv. Latino L. Rev 33 (2007) (via researchgate.net)
• Emanuel Gross, Human Rights, Terrorism and the Problem of Administrative Detention In Israel: Does a Democracy Have the Right to Hold Terrorists as Bargaining Chips?, 18 Ariz. J. Int’l & Comp. L. 721 (2001)
• 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 Pac. L. Rev. 43 (2006)
• Marko Milanovic, Lessons for human rights and humanitarian law in the war on terror: comparing Hamdan and the Israeli Targeted Killings case, 89 Int’l Rev. of the Red Cross 373 (2007)
• New York University Law School, Center on Law and Security, Publications
• Anne-Marie Slaughter, William Burke-White, The Future of Law: Protecting the Rights of Civilians, 24 Harv. Int’l Rev. (2002)
• 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
• Colin Warbrick, The European Response to Terrorism in an Age of Human Rights, 15 Eur. J. Int’l L. 989 (2004)

8.3. Signals Interception, Wiretaps, Cyber crime

• Web search: “Cyber warfare and cyber terrorism”
• Wikipedia: GCHQ
• Jason Barkham, Cyberwar, Cybercrime, and Cyberterrorism: A Bibliographic Essay, Amer. Soc. Int’l L. (2001)
• 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) (archived copy)
• Clive Walker, Cyber-Terrorism: Legal Principle and Law in the United Kingdom, 110 Dick. L. Rev. 625 (2005-2006)
• James Bamford, The Agency That Could Be Big Brother, N.Y. Times, Dec. 25, 2005 and subsequent articles by the 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.”)
• Lech J. Janczewski, Andrew M. Colarik, Cyber Warfare and Cyber Terrorism (2007)
• Wiretaps and dissent: In 1971, stolen FBI files exposed the government’s domestic spying program, L.A. Times, Mar. 8, 2006 (and see above, under “Select newspaper articles”, Janet Reitman, “I Helped Destroy People”)
• Abraham D. Sofaer, Seymour E. Goodman, ed., The Transnational Dimension of Cyber Crime and Terrorism (2013)
• David Bieda, Leila Halawi, Cyberspace: A Venue for Terrorism, 16 Issues in Information Systems 33 (2015)
• Regner Sabillon et al., Cybercrime and Cybercriminals: A Comprehensive Study, 4 Int’l J. Computer Networks Communications Sec’y 165 (2016)
• William Howlett IV, The Rise of China’s Hacking Culture: Defining Chinese Hackers, M.A. thesis, Cal. State Univ., San Bernardino (2016)
• Syllabus and course assignments of Prof. Frederick P. Hitz, Univ. of Va. Law School, Fall 2016: Anti-Terrorism, Law, and the Role of Intelligence
• John J. Klein, Deterring and Dissuading Cyberterrorism, 8 J. Strategic Sec’y 23 (2015), ASPI 8(4) J Africa & Francophonie (2018)
• U.S. v. Hasbajrami, 945 F.3d 641 (2d Cir. 2019) (“It is that Section 702-derived evidence — primarily electronic communications between Hasbajrami and individuals without ties to the United States and located abroad — that is at issue in this appeal.”)
• Lilian O. Aluede & Engr. Peace B. Biragbara, Cyber Attack: An Emerging War, 8 Globsl Scientific J. 300 (2020) (“If cyber attack is left uncontrolled it can result to terrorism, organised crime, global governance failure and critical fragile state”)
• Helen Warrell, Secretive MoD “banking” unit helps UK wage economic warfare, Financial Times, Oct. 22/23, 2021 (print version) (“Taskforce set up to disrupt Isis six years ago turns its attention to new ‘grey zone’ threats such as cyber”)
• Michelle Nichols, North Korea grows nuclear, missiles programs, profits from cyberattacks-U.N. report, Reuters, Feb. 5, 2022
• Ellen Nakashima, Alex Horton, Russian government hackers have likely penetrated critical Ukrainian computer systems, U.S. says, Washington Post, Feb. 15/16, 2021 (print version)
• Niha Masih, Gerry Shih, Indian activist charged with terrorism was targeted by hackers linked to prominent cyber espionage attacks, new report finds, Washington Post, Dec. 10/12, 2022 (print version)
• Glenn S. Gerstell, I’ve Dealt With Foreign Cyberattacks. America Isn’t Ready for What’s Coming, N.Y. Times, Mar.4, 2022 (“More broadly, the federal government, even if warned by companies like Microsoft of incoming cyberattacks, doesn’t have the necessary infrastructure in place to protect American businesses from many of these attacks.”)

8.4. Cryptocurrencies

• Aaron Brantly, Financing Terror Bit by Bit, CTC Sentinel, v. 7, Oct. 2014
• Antonia Ward, Bitcoin and the Dark Web: The New Terrorist Threat?, RAND Blog, Jan. 2018
• Nathaniel Popper, Terrorists Turn to Bitcoin for Funding, and They’re Learning Fast, N.Y. Times, Aug. 18, 2019
• Cynthia Dion-Schwarz, David Manheim, Patrick B. Johnston, Terrorist Use of Cryptocurrencies: Technical and Organizational Barriers and Future Threats (RAND 2019)
• DoJ press release, Global Disruption of Three Terror Finance Cyber-Enabled Campaigns, Aug. 13, 2020
• Andrew Mines, Devorah Margolin, Cryptocurrency and the Dismantling of Terrorism Financing Campaigns, Lawfare Blog, Aug. 26, 2020

8.5. Newspaper Articles

• 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, Washington Post, Feb. 15, 2016 (archived copy)

8.6. Wartime Issues – A Sampling of Articles and Sources

• 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 (2007) (another copy)
• 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, (full text, 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
• David M. Blum, J. Edward Conway, Counterterrorism and Threat Finance Analysis during Wartime (Lexington Books 2015)
• Shiri Krebs, Rethinking Targeted Killing Policy: Reducing Uncertainty, Protecting Civilians From the Ravages of Both Terrorism and Counterterrorism, 44 Fla. State Univ. L. Rev. 1 (2017) (archived copy)
• Peter Cephas Dahabreh, The International Tribunal for the Prosecution of Foreign Fighters Responsible for Serious Violations of International Humanitarian Law and International Human Rights Law Committed in the Territory of the Syrian Arab Republic since 2011 (thesis, Harvard, May 2019)

9. Extradition

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,[49] subject only to Art. 1(f) and 33 of the 1950 Refugee Convention.[50] 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 (“Natwest Three” Enron) case (indictment). 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.[51] See also the Feb. 24, 2006 judgment in the Norris case, below.

9.1. Case Law – Selected Opinions

• In re Assange, BAILII index of case law — Joshua Rozenberg Blog, Jan. 24, 2020, Julian Assange: what next? — BBC, Jan. 24, 2020, Julian Assange can ask Supreme Court to consider extradition case
• In re Castioni, [1891] 1 Q.B. 149 (offense of a political character)
• John Doe A-1 to A-49 et al. v. Democratic People’s Republic of Korea, No. 1:2018cv00252 (D. D.C. 2019) and see BusinessWire, Federal Court Awards $2.3 Billion to USS Pueblo Crew Members and Their Families in Terrorism Case Against North Korea (Feb. 25, 2021)
• In re Meunier, [1894] 2 Q.B. 415 (offense of a political character)
• R (Al-Fawwaz) v Brixton Prison Governor, [2001] UKHL 69, [2002] 1 A.C. 556
• R. v. Home Secretary, Ex p. Puttick, [1981] Q.B. 767 (naturalization issue; marriage under fictitious name of former terrorist); also [1980] 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)
• U.S. v. Corbin Thomas, 10-2866 (3rd Cir. 2013) — 2009 judgment (“Thomas was the director of a criminal enterprise that transported thousands of pounds of marijuana from California to Pennsylvania.”)
• U.S. v. Demjanjuk, 612 F.Supp. 544 (N.D. Ohio 1985) (Nazi death camp guard, extradition); Demjanjuk v Petrovsky, 10 F.3d 338 (6th Cir. 1993) (certified as extraditable to stand trial on capital charges in State of Israel); U.S. v. Demjanjuk, 367 F.3d 623 (6th Cir. 2004) (revocation of citizenship) — BBC Obituary
• U.S. 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, [2002] 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)
• Ahani v. Canada, 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 (Canada-Iran)
• Suresh v. Minister of Citizenship and Immigration, [2000] 2 F.C. 592, reversed [2002] 1 S.C.R. 3 (Tamil Tigers) — Case summary, International Crimes Database
• U.S. v. Dynar, [1997] 2 S.C.R. 462 (extradition to USA for alleged money laundering offense committed in Canada)
• Ward v. Attorney-General of Canada, [1993] 2 S.C.R. 689 (IRA)
• Zaoui v. Attorney-General, [2004] 2 N.Z.L.R. 33 (Dec. 19, 2003); Attorney-General v. Zaoui, [2004] N.Z.C.A. 244 (Sept. 30. 2004); Zaoui v. Attorney-General, [2005] N.Z.S.C. 38 (June 21, 2005) (risk to suspected supporter of terror of torture or of cruel, inhuman or degrading treatment or punishment if deported)
• Assadollah Assadi (Iranian diplomat posted in Austria extradited from Germany to Belgium): Media Express, Dec. 3, 2020, Iran-Belgium terrorist file: Full Story of Iran’s diplomat-terrorist Assadollah Assadi
  • CTC Sentinel, Aug. 2018, Iran’s Deadly Diplomats
  • French Ministry of Economy and Finance, Freeze of Assadi’s assets
  • Belgian parliamentary debate
  • La Libre, Mar. 8, 2021, Appeal against 20-year sentence
  • Sarah Kay, The Iran terror trial verdict could forever change terror trials in Europe, Iran Source, May 5, 2021 (discussing extent of diplomatic immunity)
• Extradition of Juan Orlando Hernández: Joan Suazo, Maria Abi-Habib, U.S. Requests Extradition of Former Honduran President, N.Y. Times, Feb. 15/16, 2022 (print version) (accused in federal court in New York of receiving money from drug cartels)

9.2. Doctrine of Specialty, Forbidding Trial for a Crime not Specified in the Extradition Documents

• U.S.-U.K. extradition treaty
• Justice (U.K. human rights charity) briefing
• Liberty U.K. (extradition)
• (US) Foreign Affairs Manual, 7 FAM 1600
• Parliament site
• House of Lords-House of Commons Joint Committee on Human Rights, The Human Rights Implications of UK Extradition Policy (2010-12)
• Liberty’s written evidence to the Joint Committee on Human Rights’ inquiry into 20 years of the Human Rights Act (Sept. 2018)
• Eur. Ct. Human Rights, Guide on Article 5 of the European Convention on Human Rights Right to liberty and security
• Quinn v. Robinson, 783 F.2d 776 (9th Cir. 1984) (Political offense exception claimed; also doctrine of specialty: “We hold that Quinn may be extradited on the murder charge but that the district court must consider Quinn’s remaining defense to the conspiracy charge before extradition is permitted for that offense”)

Also, see cases and documents cited and linked at U.S. 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, N.Y. Times, June 9, 1974, p. 8
• Body of U.S. Aide is Believed Found in North Mexico, 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):

• Māris Jurušs, Criteria for Defining Tax Evasion as Tax Terrorism, Economics and Business, Riga Tech. Univ. (2017)
• Jae-myong Koh, Suppressing Terrorist Financing and Money Laundering (Springer 2006)
• Wouter H. Muller, Christian H. Kalin, John G. Goldsworth, ed, 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)
• Law Society Gazette: Changes to extradition law (2014)
• Statewatch, UK applies new simplified extradition procedures to USA and over a hundred other countries (2004)
• Christopher C. Joyner, International Extradition and Global Terrorism: Bringing International Criminals to Justice, 25 Loyola of L.A. Int’l & Comp. L. Rev. 493 (2003)

Other materials

• Antje C. Petersen, Extradition and the Political Offense Exception in the Suppression of Terrorism, 67 Ind. L. J., Iss. 3, Article 6 (1992)
• Barbara A. Timmeney, International-Extraterritorial Jurisdiction-The Lockerbie Tragedy: Will Western Clout or International Convention Win the Extradition War?. 11 Penn St. Int’l L. Rev. 477 (1993)
• Luis Benavides, The Universal Jurisdiction Principle: Nature and Scope, 1 Anuario Mexicano de Derecho Internacional 19 (2001) (another copy)
• Alan Clarke, Terrorism, Extradition and the Death Penalty, 29 Wm. Mitchell L. Rev. 783 (2003)
• Robert Verkaik, The Trials of Babar Ahmad: from Jihad in Bosnia to a US prison via Met brutality, Observer, March 19, 2016 (extradition of suspect to the USA when he could not be tried in the U.K.; payment to him by the Met Police in 2009 of damages)
• DoJ Criminal Resource Manual, ¶ 1617. Extraterritorial Criminal Jurisdiction, 18 U.S.C. § 112, 878, 970, 1116, 1117 and 1201
• Eain v. Wilkes, 641 F.2d 504, 61 A.L.R. Fed. 757 (7th Cir. 1981) (Extradition to Israel, membership in the Al Fatah branch of the Palestine Liberation Organization. “[I]ndiscriminate bombing of civilians [ ] not recognized as a protected political act.”)
• United States v. Pitawanakwat, 120 F. Supp. 2d 921 (D. Ore. 2000) (Petitioner was “member of the insurgent group which defended the encampment to achieve a political end, namely sovereignty of native people over sacred tribal land. … [T]his court concludes that defendant’s crimes for which he was convicted and later paroled were ‘of a political character’ and therefore may not provide the basis for extradition of defendant to Canada. Extradition Treaty, Art. IV(1)(iii).” Comment: Petitioner, as an enrolled member of an Indigenous Canadian tribe or band, would be entitled to Jay Treaty relief from U.S. immigration restrictions.[52])
• Nezirovic v. Holt, 990 F.Supp.2d 606 (W.D. Va. 2014) (Extradition Order authorizes Nezirovic’s extradition to Bosnia and Herzegovina (“Bosnia”) for alleged war crimes against civilians, occurring from April through June 1992 during the Bosnian War. Petitioner claims “alleged conduct pales in comparison to the war crimes committed by the Bosnian Serbs. The court categorically rejects this argument.” Political offense exception denied.
• McAllister v. AG of the United States, 444 F.3d 178 (3d Cir. 2005) (Immigration law asylum case: BIA had found that petitioner Irish citizen removable because he had engaged in terrorist activities under 8 U.S.C. § 1227(a)(4)(B) as member of Irish National Liberation Army.)
• In re Atta, 1988 U.S. Dist. LEXIS 6001, 1988 WL 6686 (E.D. N.Y. 1988) (“[T]his court concludes that Ahmad is the person whom Israel seeks, and that there is probable cause to believe that Ahmad committed the acts charged. However, at the time of the incident in question, there was a political uprising designed to change the composition of the government in the region and, the acts charged were incidental to that uprising and done in furtherance of the political objective of the PLO. Accordingly, Ahmad is protected by the political offense exception and cannot properly be extradited.”)
• In re Requested Extradition of Joseph Patrick Thomas Doherty, 599 F.Supp. 270 (S.D. N.Y. 1984) (“The Government of the United Kingdom seeks Doherty’s extradition on the basis of his conviction in Northern Ireland on June 12, 1981 for murder, attempted murder, and illegal possession of firearms and ammunition, and for offenses allegedly committed in the course of his escape from H.M. Prison, Crumlin Road, Belfast, on June 10, 1981. … The Court is not persuaded by the fact that the current political administration in the United States has strongly denounced terrorist acts and has stated that to refuse extradition in this case might jeopardize foreign relations. … [T]he Court concludes for the reasons given that respondent’s participation in the military ambush which resulted in Captain Westmacott’s death was an offense political in character. … The request for extradition is therefore denied.”). Similar: U.S. v. Smyth (In re Smyth), 61 F.3d 711 (9th Cir. 1995), In re Requested Extradition of Desmond Mackin, 1981 U.S. Dist. LEXIS 17746 (S.D. N.Y.), on appeal, 668 F.2d 122 (2d Cir. 1981).

9.3. Extrajudicial Extraction – Kidnapping, Rendition

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 and smartphones) 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, N.Y. Times, Feb. 16, 1930, p. 14
• U.S. v. Alvarez-Machain, 504 U.S. 655 (1992); Sosa v. Alvarez-Machain, 542 U.S 692 (2004)

9.4. 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
• Ker v. Illinois, 119 U.S. 436 (1886)
• Frisbie v. Collins, 342 U.S. 519 (1952)
• 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. per Ker-Frisbie doctrine) and see Aaron Schwabach, 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)
• Jonathan A. Bush, How Did We Get Here? Foreign Abduction After Alvarez-Machain, 45 Stan L. Rev. 939 (1993)
• U.S. v. Awadallah, 202 F.Supp.2d 17 (S.D. N.Y. 2002) (perjury, 9/11 testimony; Constitutional issues, discussing Toscanino)
• U.S. 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 U.K. rule:

• In re Schmidt, [1995] A.C. 339 and Reg. v. Horseferry Rd. Ct., Ex p. Bennett, [1994] 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.

9.5. Treaty and Convention Issues

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 U.K. that has allowed extradition to the US of persons indicted for actions performed in the U.K. with effects in the USA, in cases where the U.K. authorities have chosen not to prosecute.

• U.S.-U.K. Extradition Treaty, 2003 (text); Department of State text
• Phyllis Jo Baunach, The U.S.-U.K. Supplementary Extradition Treaty: Justice for Terorists or Terror for Justice, 2 Conn. J. Int’l L. 463 (1986-1987)
• 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)
• Vo v. Benov, 447 F.3d 11235 (9th Cir. 2005) (Plan to plant explosives at the Vietnamese embassy in Bangkok held not subject to political offense exception to extradition treaty)
• Ordinola v. Hackman, 478 F.3d 588 (4th Cir. 2006) (Petitioner charged with participating in two death squad incidents in Peruvian gov’t campaign against Shining Path guerillas. Political offense exception held inapplicable.)

9.6. 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

9.7. European Court of Human Rights

• Human rights and the fight against terrorism
• Case searches: HUDOC
• Guide to the case-law of the European Court of Human Rights
• Brogan v. United Kingdom, 11 EHRR 117 (1988)
• Magee v. United Kingdom, [2000] 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)

9.8. United States

• U.S. v. Krueger, 415 F.3d 766 (7th Cir. 2005), citing Blockburger v. U.S., 284 U.S. 299 (1932))
• U.S. 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: U.S. v. Dion, 476 U.S. 734 (1986) (Legislative override of treaties is common in taxation (even when that is officially denied), e.g. branch profits tax, 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” (many links).)

9.9. Canada, incl. Canadian Charter of Human Rights

• Reference re Ng Extradition, [1991] 2 S.C.R. 858 (Assurances from U.S. authorities that death penalty will not be imposed)
• U.S. v. Burns, [2001] 1 S.C.R. 283 (Assurances that death penalty would not be imposed)
• United States of America v. Khadr, [2011] O.J. No. 2060, 2011 ONCA 358 (Appeal by the Attorney General of Canada on behalf of the USA from an order staying extradition proceedings against Khadr. The USA sought the extradition of Khadr, who was a Canadian citizen, to stand trial on terrorism-related charges. In October 2004, Pakistan’s federal intelligence service, ISI, had apprehended Khadr in Islamabad at the behest of the USA, which paid a $500,000 bounty for his arrest); previous order, [2010] O.J. No. 3301.
• R. v. Khawaja, 2012 SCC 69, [2012] 3 S.C.R. 555 (Charged with seven offences under the Terrorism section of the Criminal Code. “After becoming obsessed with Osama Bin Laden and his cause, K communicated with an American who eventually pled guilty to providing material support or resources to Al Qaeda and with the leader of a terrorist cell based in London, England, who was convicted along with several co‑conspirators of a plot to bomb targets in the U.K. and elsewhere in Europe.”) Ontario Court of Appeal judgment, 103 O.R. (3d) 321, 2010 ONCA 862. Numerous law journal articles at CANLII; 2010 Criminal Code amendments on sentencing, Bill C-54 (Legislative Summary).

9.10. United Kingdom

• U.K.: Bohning v. U.S., [2005] EWHC 2613 (Admin): double jeopardy ne bis in idem; but note the “two sovereigns” issue.
• R. (St. John) v. Governor of Brixton Prison, [2001] EWHC Admin 543, [2002] Q.B. 613
• Ramda v. Home Secretary, [2005] All E.R. (D) 223 (Nov)
• R. (Government of the United States of America) v. Bow Street Magistrates’ Court (Tollman), [2006] EWHC 2256 (Admin), [2007] 1 WLR 1157]

9.11. Other Cases

• U.S. v. Oussama Abdullah Kassir, 2008 WL 2653952, 2009 WL 2913651, 2009 WL 976821 (S.D. N.Y.) (“[A] superseding Indictment (‘Indictment’) was filed charging Kassir and two alleged co-conspirators, Mustafa Kamel Mustafa, a/k/a ‘Abu Hamza,’ a/k/a ‘Abu Hamza Al-Masri,’ a/k/a ‘Mustafa Kamel,’ a/k/a ‘Mostafa Kamel Mostafa’ (‘Abu Hamza’), and Haroon Rashid Aswat, a/k/a ‘Haroon,’ a/k/a ‘Haroon Aswat’ (‘Aswat’). The Indictment contains 19 counts and charges four theories of criminal conduct: a hostage-taking conspiracy…; a conspiracy to establish a Jihad training camp in the United States…; the establishment of terrorist websites…; and a conspiracy to facilitate violent Jihad in Afghanistan.”) — Biography — DoJ press release, Sept. 15, 2009 — Indictment
• U.S. v. Haroon Rashid Aswat, 2021 WL 2018207 (another copy) (Compassionate sentence curtailment denied. “Aswat ‘tr[ied] to support psychologically and inspire psychologically through whatever channels [he] could the individuals who were going to conduct violent jihad or be trained in violent jihad.’”) — Gov’t sentencing memorandum — Def’t sent. memo. — DoJ press release, Mar. 30, 2015 — The Intercept database of terrorism prosecutions — Bruce Zagaris, U.K. Extradites Terrorist Suspect Aswat to the U.S., 30 No. 13 Int’l Enforcement L. Rep. 494
• U.S. v. Fluke-Ekren, 1:19-mj-231 (E.D. Va. 2022) Docket (RECAP) — Complaint — DoJ press release, “Providing Material Support to a Terrorist Organization” — Affidavit in support of criminal complaint and arrest warrant (May 15, 2019) — Gov’t motion to unseal criminal case & memo. in support of detention (Jan. 28, 2022) — Adam Goldman, American Woman Accused of Prominent Role in Islamic State, N.Y. Times, Jan. 29-30, 2022 (Print version) — Rachel Weiner, Former Kansas teacher is accused of leading all-female ISIS brigade, Washington Post, Jan. 29-30, 2022 (print version) — DoJ press release, Jan. 29, 2020
• Babar Ahmad v. United Kingdom, ECHR Application nos. 24027/07, 11949/08, 36742/08, 66911/09 and 67354/09 (extradition of accused terrorists to U.S.)
• R. (Norris) v. Home Secretary, [2006] 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)
• Bermingham, Mulgrew & Darby (“Natwest Three”) case, mentioned above
• Zoe Brennen, Snatched by the American courts, Times (London), Mar. 19, 2006, p. 5-2

10. Status and Immigration Including Deportation Issues and Refugee Law

One may see in the current context of a “war on terror”[53] (as in past crises of “clear and present danger”[54]) 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.[55] The parliamentary debate in Britain over the proposal to introduce national identity cards[56], and that in the United States over security in the issuance of driving licenses[57], a quasi-identity card[58], 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.[59] 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).[60] 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,[61] although the need for a constitutional amendment makes that a daunting proposition in the United States.[62]

Almost alone among human-rights oriented legal instruments and likely due to the factual context in which the Convention was conceived,[63] 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)).

10.1. Documents

• House of Commons research paper, Anti-Terrorism, Crime and Security Bill: Parts IV and V: Immigration, Asylum, Race and Religion
• International Organization for Migration documents (search for “terrorism”)
• Congressional Research Service, Terrorist Grounds for Exclusion of Aliens (Jan. 2010)
• National Immigrant Justice Center, The Terrorism Bars to Asylum
• U.K. Home Office, Exclusion from the UK: “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: How a finely tuned system of checks and balances has been effectively dismantled (March 2014)

10.2. International Refugee ­Instruments

• Convention (1951) and Protocol (1967) Relating to the Status of Refugees
• REFWORLD documentation search — other UNHCR document and article search
• 1997 testimony of INS General Counsel on terrorists, asylum and deportation (Internet Archives)
• Omer Elagab, Jeehaan Elagab, International Law Documents Relating to Terrorism, (3rd ed., 2007)

10.3. Newspaper Articles

• 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

10.4. Bibliography

• 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 (Univ. of Calif. at Davis) (undated)
• Marianne Wiedemann, Naturalisation and International Terrorism under German Law (UC-CIIP Seminar 2004)
• Course documents (2006), Prof. R. A. Boswell, UC Hastings College of the Law
• Maryellen Fullerton, ed., The Refugee Law Reader, 6th ed. (Hungarian Helsinki Committee 2011)
• Guy Goodwin-Gill, The Refugee in International Law, 4th ed. (Oxford 2007)
• Atle Grahl-Madsen, The Status of Refugees in International Law: Refugee character (Sijthoff 1966)
• James C. Hathaway, The Rights of Refugees under International Law (Oxford 2005)
• M. Rafiqul Islam and Jahid Hossain Bhuiyan, ed., An Introduction to International Refugee Law (Nijhoff 2013)
• E. Fiddian-Qasmiyeh et al, The Oxford Handbook of Refugee and Forced Migration Studies (2014)
• Sarah Singer, Terrorism and Exclusion from Refugee Status in the UK: Asylum Seekers Suspected of Serious Criminality (Nijhoff 2015)
• Bibliography: Legal Aspects of Terrorism (Judith Tinnes, 2016)

10.5. Selected Law Review Articles

• 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, 20 Duke J. Comp. Int’l L.413 (2010)
• Karen C. Tumlin, Suspect First: How Terrorism Policy Is Reshaping Immigration Policy, 92 Calif. L. Rev. 1173 (2004)

10.6. Case Law – Selected Opinions

• A v Secretary of State for the Home Department, [2004] E.W.C.A. Civ. 1123, [2004] All E.R. (D) 62 (Aug.) (addresses the 1951 Refugee Convention art. 1(f) issue; also admissibility of confessions under torture)
• In re M., [1994] 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, [1989] 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, [2001] U.K.H.L. 47, [2003] 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. 86 (2015) (no right to review of denial on terrorism grounds of husband’s application for U.S. visa)
• Shaughnessy v. Mezei, 345 U.S. 206 (1953) (stateless person)
• U.S. ex rel. Knauff v. Shaughnessy,[64] 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, [1998] 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, [1993] 2 S.C.R. 689 (IRA)
• See also: extradition cases, above.

11. Charity, Foundation Issues

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)
• Rodger Shanahan, Charities and terrorism: Lessons from the Syrian crisis, Lowy Institute (2018)
• U.K. Charity Commission, Guidance: Charities and Terrorism
• List of charities accused of ties to terrorism (Wikipedia)
• Charities Designated Under Executive Order 13224 and Executive Order 12947 and Foreign Terrorist Organizations Appearing as Potential Fundraising Front Organizations, American-Israeli Cooperative Enterprise (2005)
• U.S. Dept of Treasury OFAC, Risk Matrix for the Charitable Sector
• U.S. Dept of Treasury, “Protecting Charitable Organizations” (joint project with Saudi Arabia)
• D.L. Byman, Confronting Passive Sponsors of Terrorism, Brookings Institution (2005)
• Nina J. Crimm, High Alert: The Government’s War on the Financing of Terrorism and Its Implication for Donors, Domestic Charitable Organizations, and Global Philanthropy, Wm. & Mary L. Rev. (Mar. 2004)
• Muhammad Akram, Asim Nasar, Abid Rehman, Misuse of charitable giving to finance violent extremism; A futuristic actions study amidst COVID-19 pandemic, Social Sciences & Humanities Open (2021)
• Miriam Allam, Damian Gadzinowski, Combating the Financing of Terrorism: EU. Policies, Polity and Politics, Epiascope (2009)
• Daryl Shetterly, Starving the Terrorists of Funding: How the United States Treasury is Fighting the War on Terror, 18 Regent Univ. L. Rev. 327 (2006)

11.1. Charities

• 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), [2005] All E.R. (D) 301 (Mar.) (animal rights)
• Hewitt v. Grunwald, [2004] EWHC 2959 (QB), [2004] 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)
• Kenneth Dibble, The funding of terrorism through charities, Royal United Services Institute, Nov. 14, 2007
• U.S. Muslim Charities and the War on Terror, Charity & Security Network, Nov. 2011
• U.S. Department of the Treasury, Protecting Charitable Giving: Frequently Asked Questions, June 4, 2010
• U.K. Charity Commission, Guidance: Charities and Terrorism

11.2. “Animal Rights”, Eco-Terrorism, Quasi-Charity Terrorism

• American Veterinary Medical Association
• Anti-Defamation League: Eco-terrorism page
• ARC News (former U.K. 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: Earth Liberation Front
• R. v. Belmar, 27 C.C.C. (3d) 142 (B.C. C.A. 1986) (Environmental terrorists)
• Huntingdon Life Sciences Ltd v., [2003] All E.R. (D) 280 (Jun.)
• U.S. v. Stop Huntingdon Animal Cruelty USA, Inc (D. N.J.), Case 3:04-cr-00373-AET-2 — Docket — CNN report — Times (London) account — from PACER: Jury verdict; Judgment; Prosecution Memorandum in opposition to post-trial relief
• FBI, Animal rights extremists (2016)
• Animal Enterprise Terrorism Act, 2006, 18 U.S.C § 43
• Michigan State Univ., Brief Summary of State Animal Enterprise Interference Laws

11.3. Anti-Abortion

• 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 (9th Cir. 2005)
• U.S. v. Jordi, 418 F.3d 1212 (11th Cir. 2005) (enhancement of sentence)

11.4. Laws and Legal Instruments

• E.O. 13224: “Blocking property and prohibiting transactions with persons who commit, threaten to commit. or support terrorism”; Terrorism Sanctions Regulations
• U.K.: Serious Organized Crime and Police Act 2005, 2005 chapter 15; as applicable to demonstrations and protests see R. (Haw) v. Home Secretary, [2005] EWHC 2061, [2006] 2 W.L.R. 50 (D.C.) (The late Brian Haw’s protest in Parliament Square;[65] see Parliamentsquare.org.uk (via archive.org, Mar. 2017))
• IRS: Chief Counsel Memorandum on foreign charities

12. Money Laundering and the Financial Support of Terrorism

“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).[66] 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.

12.1. Treaties

• 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 (2017)
• Security Council, Counter-Terrorism Committee, 16 International Legal Instruments
• United Nations, International Legal Instruments (2015)
• 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)

12.2. Case Law

• Maroufidou v. Sweden, UN Human Rights Committee, Communication No. R.13/58 (1981)
• U.S. v. Abu Marzook, 412 F.Supp.2d 913 (N.D. Ill. 2006); United States v. Marzook, 383 F.Supp.2d 1056 (N.D. Ill. 2005) (Hamas) (over 100 reported cases deal in some way with membership in, cooperation with or financing of Hamas)
• U.S. v. Gilbert, 244 F.3d 888 (11th Cir. 2001) (gaming facility as money laundering enterprise)
• U.S. v. Hammoud, 381 F.3d 316 (4th Cir. 2004); 405 F.3d 1034 (4th Cir. 2005) (Hizballah)
• U.S. v. Talebnejad, 342 F.Supp.2d 346 (D. Md. 2004) (Hawala case)
• U.S. v. Uddin, 365 F.Supp.2d 825 (D. Mich. 2005) (Hawala case)
• Arrêt du 12 décembre 2005 (Cour des plaintes, Switzerland, Dec. 12, 2005)

12.3. Selected Statutes and International Materials

• U.S. Anti-Terrorism Act
  • For the limits of liability see Kemper v. Deutsche Bank AG, 911 F.3d 383 (7th Cir. 2019)
• U.K.: Proceeds of Crime Act 2002 and Money Laundering Regulations 2003: HM Revenue & Customs Manual
• 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
• 31 CFR § 596.201 — Prohibited financial transactions
• 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

12.4. Newspaper Articles

• 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 (London), Oct. 14, 2005
• Salah case (Hamas funding): Palestinian human rights lawyer testifies in Hamas trial in U.S., Haaretz Daily, Mar. 15, 2006

12.5. Reports and Documents

• American University, Links to sites covering Terrorism including Government agencies
• Asian Development Bank, Manual on Countering Money Laundering and the Financing of Terrorism (2003, via archive.org)
• 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)
• European Parliament, Understanding Money Laundering Through Real Estate Transactions (2019)
• FDIC, Bank Secrecy Act, Anti-Money Laundering, and Office of Foreign Assets Control (2004)
• Federalist Society, Money, The War on Terrorism
• Financial Action Task Force (FATF), Typologies Report
• Financial Action Task Force, Global Money Laundering & Terrorist Financing Threat Assessment (2010)
• Financial Action Task Force, FATF IX & FATF 40 Special Recommendations on Terrorist Financing (2008)
• Financial Action Task Force, Money Laundering and Terrorist Financing Vulnerabilities of Legal Professionals (2013)
• Financial Action Task Force, Money Laundering and Terrorist Financing Through the Real Estate Sector (2007)
• Financial Transactions and Reports Analysis Centre of Canada, Financial Transactions and Reports Analysis Centre of Canada, What is terrorist financing? (2015)
• FinCEN Advisory to Financial Institutions and Real Estate Firms and Professionals (2017)
• FinCEN Money Laundering in the Commercial Real Estate Industry (2006)
• France, National Police, Lutte contre le financement du terrorisme (2015, in French)
• GAO, Investigations of Terrorist Financing, Money Laundering and Other Financial Crimes (2004)
• HMRC, An Anti-Money Laundering Strategy for the Inland Revenue (archive)
• 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)
• Isle of Man money laundering legislation
• Law Library of Congress Guide to Law Online: Terrorism (including War Powers, Money Laundering, Aviation Safety) (another copy) (Note: deleted from LOC Web site in 2022)
• Lexinter, Poursuite des acte de terrorisme (in French)
• 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 5,760 hits on Feb. 3, 2022)
• OECD Financial Action Task Force on Money Laundering
• OECD Economic Outlook, The Economic Consequences of Terrorism (2002)
• U.K. Joint Money Laundering Steering Group
• U.K. Estate agency business guidance for money laundering supervision
• UN Office on Drugs and Crime, UNODC Legal Library: “terrorism” (drug control and related financial transaction legislation) (via Google search)
• U.S. Department of State, International Narcotics Control Strategy Report, Vol. II: Money Laundering (March 2021)
• U.S. Treasury, Anti-Terrorist Financing Guidelines, Federal Register, pp. 73063-73067 (Dec. 8, 2005)
• U.S. Dept. of the Treasury, Terrorism and Financial Intelligence
• World Bank & IMF Reference Guide to Anti-Money Laundering and Combating the Financing of Terrorism (2006) (archived copy)

12.6. Selected Law Review Articles and Books

• Anne Applebaum, The Kleptocrats Next Door: The United States has a dirty money problem, The Atlantic, Dec. 8, 2021
• Charles B. Bowers, Hawala, Money Laundering, and Terrorism Finance: Mirco-Lending as an End to Illicit Remittance, 37 Denv. J. Int’l L. Pol’y 379 (2009)
• 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)
• Kevin Coleman, Tracking Terrorism: Follow the Money?, Directions Magazine, May 13, 2005
• Jesse Drucker, Ben Hubbard, Vast Leak Exposes How Credit Suisse Served Strongmen and Spies, N.Y. Times, Feb. 20/21, 2022 (print version) (Suisse Secrets)
• Rachel Ehrenfeld, Funding Evil: How Terrorism is Financed and How to Stop It (2011)
  • Rachel Ehrenfeld, The Salafis’ Daddy Warbucks: Saudi Arabia: Who will stand up to the Saudis for fostering Islamic terrorism?, FrontPage, Dec 17, 2015 (archived copy)
  • Ehrenfeld v. Salim A Bin Mahfouz, 2005 WL 696769 (S.D. N.Y.) (Plaintiff’s motion to serve Defendant with the summons and complaint pursuant to Federal Rule of Civil Procedure 4(f)(3). Motion granted.)
  • Ehrenfeld v. Salim A Bin Mahfouz, 2006 U.S. Dist. LEXIS 23423; 2006 WL 1096816 (Declaratory judgment action)
  • Ehrenfeld v. Salim A Bin Mahfouz, 9 N.Y.3d 501 (2007) (Question certified to the New York State Court of Appeals by the United States Court of Appeals for the Second Circuit: “[W]hether § 302(a)(1) of New York’s long-arm statute confers personal jurisdiction over a person (1) who sued a New York resident in a non-U.S. jurisdiction; and (2) whose contacts with New York stemmed from the foreign lawsuit and whose success in the foreign suit resulted in acts that must be performed by the subject of the suit in New York?” Answered in the negative.)
  • Ehrenfeld v. Salim A Bin Mahfouz, 518 F.3d 102 (2008) (Author against whom Saudi Arabian citizen obtained default judgment in libel lawsuit filed in England asserted declaratory claim that foreign judgment was not enforceable in United States.)
  • U.K. Parliament: Memorandum submitted by Brooke M. Goldstein, Director, The Legal Project at the Middle East Forum (March 2009)
  • Todd W. Moore, Untying our Hands: The Case for Uniform Personal Jurisdiction over “Libel Tourists”, 77 Fordham L. Rev. 3207 (2009)
  • Brooke Goldstein, Aaron Eitan Meyer, “Legal Jihad”: How Islamist Lawfare Tactics Are Targeting Free Speech, 15 ILSA J. Int’l & Comp. L. 395 (2009)
  • Charles J. Glasser, ed., International Libel and Privacy Handbook: A Global Reference for Journalists, Publishers, Webmasters, and Lawyers, 3rd Ed. (Bloomberg Press 2013)
• Pablo Antonio Fernández-Sánchez, ed., International Legal Dimensions of Terrorism (2009)
• Owen Fiss, The War Against Terrorism and the Rule of Law, 26 Oxford J. Leg. Stud. 235 (2006) (archived copy)
• M. Michelle Gallant, Tax and terrorism: a new partnership? 14 J. Fin. Crime 453 (2007)
• Terrorism, Transnational Crime & Corruption Center at the Schar School of Policy & Government, George Mason University, Money Laundering in Real Estate, Conference Report (March 25, 2018) (archived copy)
• 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)
• Mark S. Hamm, Crimes Committed by Terrorist Groups: Theory, Research and Prevention (DoJ contract study, June 2005) (“A decline in state-sponsored terrorism has caused many terrorist organizations to resort to criminal activity as an alternative means of support”)
• 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)
• Patrick M. Jost, The Hawala Alternative Remittance System and its Role in Money Laundering (about 1998/99) — 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) and hawalas.
• Fiona McKay, U.S. Unilateralism and International Crimes: The International Criminal Court and Terrorism, 36 Corn. Int’l L. J. 455 (2004)
• Donato Masciandaro, Combating Black Money: Money Laundering and Terrorism Finance, International Cooperation and the G8 Role (2004)
• Casey Michel, The United States of Dirty Money: How landlocked South Dakota became one of the world’s hottest destinations for offshore funds, The Atlantic, Oct. 5, 2021
• Casey Michel, American Kleptocracy: How the U.S. Created the World’s Greatest Money Laundering Scheme in History (St Martin’s Press 2021)
• Julia C, Morse, The Bankers Blacklist: Unofficial Market Enforcement and the Global Fight against Illicit Financing, Cornell U. P., 2022)
• OCCRP: Suisse Secrets (Credit Suisse secret accounts data, 2022)
• David Pegg, Dominic Rushe, Pandora papers reveal South Dakota’s role as $367bn tax haven, Guardian, Oct. 4, 2021
• Mikhail Reider-Gordon, U.S. and International Anti-Money Laundering Developments, 45 Int’l Lawyer 365 (2010)
• 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)
• Arun Srivastava et al., International Guide to Money Laundering Law and Practice, 5th ed. (2019)
• T.M. Asser Institute, “Terrorism” (“The International Criminal Court (ICC) does not have jurisdiction over terrorism as a distinct crime.”)
• Jack Townsend Federal Tax Crimes Blog, Some Lessons from the Big Data from Panama Papers and Tax Haven Secrecy (2/13/17)
• Lawrence J. Trautman, Following the Money: Lessons from the Panama Papers, Part 1: Tip of the Iceberg, 121 Dick. L. Rev. 807 (2017)
• Petrus C. van Duyne, The Critical Handbook of Money Laundering: Policy, Analysis and Myths (Palgrave Macmillan 2018)
• Leonard Weinberg, Arie Perliger, Ami Pedahzur, Political Parties and Terrorist Groups (Routledge 2008)

13. Other Crimes

13.1. Counterfeiting

Of currency by one sovereign of the currency of another (viz: North Korea and Nazi Germany):

• Josh Meyer and Barbara Demick, Counterfeiting Cases Point to North Korea, L.A. Times, Dec. 12, 2005 (“Pyongyang is accused of being behind a growing effort to print and move rafts of U.S. $100 bills.”)
• Jay Solomon, Gordon Fairclough, North Korea’s Counterfeit Goods Targeted, The Wall St. J., June 1, 2005
• Wikipedia: “Superdollar”

Of intellectual property on behalf of terrorists:

• Interpol warns of link between counterfeiting and terrorism, Interpol memo (2003)
• David B. Resnik, Terrorism and Intellectual Property Rights, Policy Forum, May 2004
• UNODC, Intellectual property crime and terrorism (March 2019)
• Intellectual Property Crimes: Are Proceeds from Counterfeited Goods Funding Terrorism?, Hearing Before the Committee on International Relations, House of Representatives, July 16, 2003

13.2. Bank Robbery, Kidnapping

• The Northern Bank robbery (IRA)
• U.S. v. Melendez-Carrion, 820 F.2d 56 (2d Cir. 1987) (Wells Fargo robbery, Puerto Rican terrorists; bail issues)
• Kidnapping: Colombian FARC and ELN
• RICO and money laundering laws can and are used in creative fashion to deal with terrorism and other conspiracies: U.S. 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)

13.3. Traffic in Weaponry

• 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

13.4. Corruption

• 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 andExecutive Enforcement, In Brief (2016)
• ABA, The Foreign Corrupt Practices Act: An Overview of the Law and Coverage-Related Issues (1914)
• Nicholas Ryder, Lorenzo Pasculli, eds., Corruption, Integrity and the Law: Global Regulatory Challenges (Routledge, 2021)
• Timm Sullivan, Carl Forsberg, Confronting the Threat of Corruption and Organized Crime in Afghanistan: Implications for Future Armed Conflict, 4 Prism 157 (2014)

13.5. “Street Terrorism” (Gang Affiliated 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
• People v. Prunty, 62 Cal. 4th 59, 355 P.3d 480 (Sup.Ct. Cal. 2015) (The statutory “definition of a ‘criminal street gang’-and in particular its requirement of an ‘organization, association, or group’—calls for evidence that an organizational or associational connection unites the ‘group’ members … the decision below does not accord with this standard.”)
• People v. Superior Court (Johnson), 120 Cal. App. 4th 950, 15 Cal. Rptr. 3d 921 (1st App. Dist. 2004) (Graffiti, group vandalism as street terrorism)
• People v. Ferraez, 112 Cal. App. 4th 925, 5 Cal. Rptr. 3d 640 (4th App. Dist. 2003) (Defendant convicted of possessing for sale cocaine base committed to benefit or assist a criminal street gang (Pen. Code, § 186.22, subd. (b)(1)))
• J. Franklin Sigal, Out of Step: When the California Street Terrorism Enforcement and Prevention Act Stumbles into Penal Code Limits, 38 Golden Gate Univ. L. Rev. 1 (2007)
• Enoch v. State, 95 So. 3d 344 (Fla. Dist. Ct. App. 2012)
• Al Valdez, Urban Street Terrorism: The Mexican Mafia and the Sureños (Police and Fire Publishing 2016)

14. Treason

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:[67] permanent in the case of its nationals, temporary in the case of non-nationals present in the territory.[68] 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.[69] In the past, members of particular sects deemed threatening to the State’s interests and primacy, have encountered hostility and discrimination: Jehovah’s Witnesses,[70] Amish,[71] Seventh-day Adventists,[72] Scientologists.[73]

• List of convicted or accused traitors, by country (Wikipedia)
• Richard B. Zabel, James J. Benjamin, Jr., In Pursuit of Justice Prosecuting Terrorism Cases in the Federal Courts, Human Rights First (May 2008)
• B. Mitchell Simpson III, Treason and Terror: A Toxic Brew, 23 Roger Williams Univ. L. Rev. 1 (2018)
• Stephen Jackson, Treason in the Age of Terrorism: Do Americans Who Join ISIS “Levy War” Against the United States?, 9 Amer. Univ. Nat’l Security L. Brief 155 (2019)
• Kristen E. Eichensehr, Treason in the Age of Terrorism: An Explanation and Evaluation of Treason’s Return in Democratic States, 42 Vand. J. Transnat’l L. 1332 (2021)

14.1. Case Law – Selected Opinions

• R. v. Aeneas Macdonald, (1747) 18 St. Tr. 520 (genealogy)
• R. v. Casement, [1917] 1 K.B. 98 (Treason Act, 1351)
• R. v. Joyce, [1946] A.C. 347 (“Lord Haw Haw”)
• Compare: Fujizawa v. Acheson, 85 F. Supp. 674 (S.D. Cal. 1949)
• D’Aquino v. U.S., 180 F.2d 271 (9th Cir. 1950), 192 F.2d 338 (9th Cir. 1951) (“Tokyo Rose”)
• Kawakita v. U.S., 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)[74]
• Co-operative Committee on Japanese Canadians v. Att-Gen., [1947] 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)

14.2. Internment Cases

• A v. Home Secretary (No. 2), [2005] UKHL 71, [2006] 2 A.C. 221, reversing [2005] 1 WLR 414 (suspicion of terrorism; risk of torture if expelled)
• Liversidge v. Anderson, [1917] A.C. 260
• Rex v. Halliday, [1942] A.C. 206

14.3. Prosecution for Disclosure of Official Secrets:

• R. v. Shayler, [2003] 1 A.C. 247
• Korematsu v. U.S., 323 U.S. 214 (1944)
• U.S. 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)
• Daniel Cassman, Keep It Secret, Keep It Safe: An Empirical Analysis of the State Secrets Doctrine, 67 Stan. L. Rev. 1173 (2014)

14.4. Statutory Law

“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 U.S. v. Lindh, 212 F. Supp. 2d 541 (ED Va. 2002) (denying motions for dismissal); [Katharine] Seelye, Threats and Responses: The American in the Taliban; Regretful Lindh Gets 20 Years In Taliban Case,] N. Y. Times, Oct. 5, 2002, p. A1, col. 5.” Hamdi v. Rumsfeld, 542 U.S. at 560-61

Note: Jose Padilla was prosecuted as a civilian. See:

• Wikipedia
• Slate

15. Passive Support of Terrorists and Terrorism, “Glorifying” Terrorism

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.[75] 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. U.S., 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.[76] 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.[77]

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,[78] 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.[79] The incident over the caricatures of Mohammed published first in Denmark and then elsewhere is illustrative.[80] 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.[81] 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.[82] It is impossible to know how widespread such support for the more religiously observant may be,[83] 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”.[84]

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”.[85] On the other hand, Christopher Harmon (below) reminds us that “most terrorist groups come to an end”.

15.1. Selected Articles

• Library of Congress, The Psychology and Sociology of Terrorism (Sept. 1999) (via archived.org)
• Paul K. Davis, Brian Michael Jenkins, Deterrence and Influence in Counterterrorism: A Component in the War on al Qaeda, RAND Corporation (2002)
• James Cockayne, Islam and International Humanitarian Law: From a Clash to a Conversation Between Civilizations, 84 Revue Internationale de la Croix Rouge (2002) (“What role can IHL, a product of European civilization, have in regulating the relations between civilizations?”)
• 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 (via JSTOR, log in via a local library)
• Ronnie Lippens, Depth in 21st-Century Cells? European Salafi Jihadi Terrorism and Psychoanalysis in the Luciferian Age, 21 New Crim. L. Rev. 592 (2018)

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”.

• Abu Hamza al-Masri convicted (CNN) (see cases above, as U.S. v. Mostafa Kamel Mostafa and U.S. v. Oussama Abdullah Kassir)

15.2. Case Law

• U.S. v. Al-Arian, 308 F.Supp.2d 1322 (M.D. Fla. 2004)
• U.S. 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)

15.3. Libel Cases and Their Limitations

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 (But see below, three articles on Palin v. New York Times seeking to limit press protections even for public figures). An alternative form of intimidation, SLAPP suits, has achieved a certain notoriety.[86] The cases cited here 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, [1972] A.C. 1027
• Irving v. Penguin Books, [2000] All E R. (D) 523 (Deborah Lipstadt case) and see, regarding Irving’s 2006 conviction and imprisonment in Austria: Roger Boyes, Backlash at jailing of historian who denied Holocaust, Times (London), Feb. 21, 2006, p. 1; Brian Wilson, Is David Irving any different from a racist skinhead?, Scotland on Sunday, Feb. 26, 2006 — Deborah E. Lipstadt, Denying the Holocaust: The Growing Assault on Truth and Memory (Plume 1994) — Deborah E. Lipstadt, History on Trial: My Day in Court with a Holocaust Denier (HarperCollins 2006).
• Matusevitch v. Telnikoff, 877 F.Supp 1 (D. D.C. 1995) (“Because recognition and enforcement of a foreign judgment, based on libel standards that are repugnant to the public policies of the State of Maryland and the United States, would deprive the plaintiff of his First and Fourteenth Amendment rights, the court grants summary judgment for the plaintiff as a matter of law.”)
• The classic libel case may be, for the record length of its trial, for its triviality and for its misspent judicial resources,[87] McDonald’s Corp. v. Steel and Morris, Queen’s Bench, June 19, 1997, Q.B. abridged judgment; Court of Appeal, Mar. 31, 1999 judgment; same, as [1995] 3 All ER 615. Judgments and transcripts available at McSpotlight.org (also archived at archive.org). John Vidal, McLibel: Burger Culture on Trial (1997). European Court of Human Rights judgment: Steel and Morris v. United Kingdom, Eur. Ct. Hum. Rts. Application no. 68416/01 (LEXIS version [2005] R 68416/01) (“The Court unanimously (1) Holds that there has been a violation of Article 6 § 1 of the Convention; (2) Holds that there has been a violation of Article 10 of the Convention; (3) Holds (a) that the respondent State is to pay the applicants [just compensation] …”). Jonathan Coad, LegalDay summary and analysis, Feb. 15, 2005.
• 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, [2009] 1 SLR 642; [2008] SGHC 173 (libel action by Prime Minister of Singapore) — Commentary: Jack Tsen-Ta LEE, Freedom of Speech and Contempt by Scandalizing the Court in Freedom of Speech and Contempt by Scandalizing the Court in Singapore (2009) — Tsun Hang Tey, Singapore’s jurisprudence of political defamation and its triple-whammy impact on political speech, P.L. 2008, Aut, 452-462
• Lee Hsien Loong v. Roy Ngering Yi Ling, [2015] SGHC 320 — Comment, The Economist, June 13, 2014 (archived copy)
• Civil Liberties Defense Center, SLAPP Suits
• George W. Pring, SLAPPs: Strategic Lawsuits against Public Participation, 7 Pace Environmental L. Rev. 3 (1989)
• Jeremy W. Peters, Sarah Palin v. New York Times Spotlights Push to Loosen Libel Law, N.Y. Times, Jan. 23, 2022 (print version)
• Jeremy W. Peters, Sarah Palin’s Libel Claim Against The Times Is Rejected by a Jury, N.Y. Times, Feb. 15/16, 2022 (“The verdict came a day after the judge said he planned to dismiss the case, ruling that Ms. Palin’s legal team had failed to prove that the newspaper defamed her.”) (print version)

15.4. Glorifying Terrorism

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)

On apologists for terrorism, “glorifying” terrorism:

• Google Scholar search
• Marja Lehto, The Erik Castrén Institute of International Law and Human Rights, Indirect Responsibility for Terrorist Acts (2010)
• Ted Honderich, The Right to Terrorism (anti-American, anti-Semitic bias leads to apologia)

15.4.1. On the (U.K.) Terrorism Bill and provisions against “glorifying terrorism” – political analysis

• Wikipedia article
• Politics.co.uk
• 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)
• U.K. 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 changes in the relationship over time with 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 U.S. 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

15.5. Counter-Terrorism Strategy – Entrapment, Informants

• Spencer Ackerman, How To: Run Snitches Inside Terrorist Groups, Wired, Dec. 24, 2010
• American Military News, FBI investigating 2,700 cases of “domestic terrorism” (Nov. 2021)
• Petra Bartosiewicz, To Catch a Terrorist: The FBI hunts for the enemy within, Harper’s 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, Guardian, Dec. 12, 2011
• 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)
• 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 — John Stuart Nuttall and Amanda Marie Korody cases: R. v. Nuttall, 2015 BCSC 634 (CanLII), R. v. Nuttall, 2016 BCSC 28 (CanLII), R. v. Nuttall, 2016 BCSC 38 (CanLII), R. v. Nuttall, 2018 BCCA 479 (CanLII)

15.6. Torture

• University of Kent, Reading List: Torture in the War on Terror
• Ogechi Joy Anwukah, The Effectiveness of International Law: Torture and Counterterrorism, 21(1) Ann. Survey of Int’l & Comp. L., Article 4 (2016)
• Jeannine Bell, “Beyond This Mortal Bone”: The (In)Effectiveness of Torture, 83 Ind. L. J. 339 (2008)
• Barak Cohen, Democracy and the Mis-rule of Law: The Israeli Legal System’s Failure to Prevent Torture in the Occupied Territories, 12 Ind. Int’l & Comp. L. Rev. 75 (2001)
• Ursula Daxecker, Dirty Hands: Government Torture and Terrorism, 6 J. Conflict Res. 1261 (2017)
• Charles Fried, Gregory Fried, Because it is wrong: torture, privacy and presidential power in the age of terror (W. W. Norton 2010)
• James Thuo Gathii, Torture, Extra-Territoriality, Terrorism and International Law, 67 Albany L. Rev. 101 (2004)
• Florian Geyer, Fruit of the Poisonous Tree: Member States’ Indirect Use of Extraordinary Rendition and the EU Counter-Terrorism Strategy, CEPS Working Document No. 263 (Apr. 2007)
• Oren Gross, Are Torture Warrants Warranted? Pragmatic Absolutism and Official Disobedience, 88 Minn. L. Rev. 735 (2004)
• Harvard Law School, Human Rights Program & International Human Rights Clinic (documents and media links)
• Astrid Holzinger, Can the Use of Torture in the War on Terror be Justified?, E-International Relations (April 2013)
• Justice, Torture in U.K. law
• Paul W. Kahn, Sacred Violence: Torture, Terror, and Sovereignty (Law, Meaning, and Violence) (U Mich. Press 2008)
• Seth F. Kreimer, Too Close to the Rack and the Screw: Constitutional Constraints on Torture in the War on Terror. Faculty Scholarship at Penn Law. 1166 (2003)
• Anthony F. Lang Jr., Amanda Russell Beattie, War, Torture and Terrorism: Rethinking the Rules of International Security (Routledge 2008)
• Redress, Terrorism, Counter-Terrorism, International Law in the Fight Against Terrorism (July 2018)
• Mark Osiel, The End of Reciprocity: Terror, Torture, and the Law of War (Cambridge U. P. 2009)
• Elizabeth Planje et al., International Handbook of War, Torture, and Terrorism (Springer 2013)
• Eric A. Posner, Adrian Vermeule, Should Coercive Interrogation Be Legal?, 104 Mich. L. Rev. 671 (2006)
• Yuval Shany, The Prohibition Against Torture and Cruel, Inhuman, and Degrading Treatment and Punishment: Can the Absolute Be Relativized Under Existing International Law?, 56 Cath. U. L. Rev. 837 (2007)
• A. P. Simester, Necessity, Torture and the Rule of Law, Ch. 12 in Victor V. Ramraj, ed., Emergencies and the Limits of Legality (Cambridge U. P. 2009)
• Marci Strauss, Torture, 48 N.Y. L. Sch. Rev. 201 (2002-2004)
• Werner G. K. Stritzke et al., Terrorism and Torture: An Interdisciplinary Perspective (Cambridge U. P. 2009)
• Derek Summerfield, Fighting “terrorism” with torture, Torture is a form of terrorism: there are no justifications for it, 12 Brit. Med. J. 773 (2003)
• Robert H. Wagstaff, Terror Detentions and the Rule of Law: US and UK Perspectives (Oxford U. P. 2013)
• Mara Redlich Revkin, The Limits of Punishment: Transitional Justice and Violent Extremism: Iraq Case Study, Institute for Integrated Transitions, May 2018
• Jeremy Waldron, Torture, Terror, and Trade-Offs: Philosophy for the White House (Oxford U. P. 2010)
• World Organisation Against Torture OMCT, Torture and the Law
• Al Adsani v. United Kingdom, Application no. 35763/97 (2002), 34 EHRR 11 (Redress comment) (“The applicant, A, alleged that he had been tortured in Kuwait”)
• And see: FSIA cases, above

16. “State Terrorism”

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.[88] 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,[89] 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 situation in Afghanistan, Bosnia, Iraq, Haiti, Iran, Ivory Coast, Khmer Republic, Liberia, Myanmar, Rwanda, Sierra Leone, Sudan, Somalia, Syria (and elsewhere) at various times are examples. 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
• American Bar Association Report: U.S. Foreign Sovereign Immunities Act (Apr. 2001)
• Scott Atran, Strategic Blunder: Confounding Rogue States and Terrorist Networks (Feb. 2004)
• Daniel Byman, Deadly Connections: States that Sponsor Terrorism (Cambridge U. P. 2007)
• International Law Commission, Draft Articles on Responsibilities of States for Internationally Wrongful Acts and Commentaries to the Draft Articles (2001), also James Crawford, The ILC’s Articles on Responsibility of States for Internationally Wrongful Acts: A Retrospect, 96 Am. J. Int’l L. 874 (2002) (archived copy)
• Coreen Davis, State Terrorism and Post-transitional Justice in Argentina: An Analysis of Mega Cause I Trial (Palgrave Macmillan 2013) (95 pp)
• FSIA: Letelier v. Republic of Chile cases, 488 F.Supp. 665 (D.C. D.C. 1980); 502 F.Supp. 259 (D.C. D.C. 1980); 748 F.2d 790 (2d Cir. 1984).
• Daniel Moran, Two Sides of the Same COIN: Torture and Terror in the Algerian War, 1954-62, (2009)
• Michael Stohl, The Global War on Terrorism and State Terrorism, 2 Perspectives on Terrorism 4 (2008)
• 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”

16.1. The Nuremburg Trial and the Eichmann Case (Terror, Genocide as Instruments of Government Policy)

• Nuremburg Trial, 6 F.R.D. 69 (1946)
• LoC, Military Legal Resources, Trial of the Major War Criminals at Nuremberg, 1945-46 (via archive.org)
• Attorney-General of the Government of Israel v. Eichmann, 36 ILR. 5 (1961), 56 Am. J. Int’l L. 805 (1962)
• L.C. Green, Legal Issues of the Eichmann Trial, 37 Tul. L. Rev. 641 (1962-1963)
• L.C. Green, The Eichmann Case, 23 Mod. L. Rev. 507 (1960)
• Zad Leavy, The Eichmann Trial and the Role of Law, 48 A.B.A. J. 820 (1962)
• 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)
• Telford Taylor, The Anatomy of the Nuremberg Trials: A Personal Memoir (Knopf 1992, Random House 2012)

16.2. War Crimes, General (Selected Issues)

• Tokyo War Crimes Trial, 1946, National WWII Museum
• UN International Criminal Tribunal for the former Yugoslavia
• International Criminal Court
• Helen Fein, Discriminating Genocide from War Crimes: Vietnam and Afghanistan Reexamined, 22 Denver J. Int’l L. Pol’y 29 (1993)
• Michael Byers, The Law and Politics of the Pinochet Case, 10 Duke J. Comp. & Int’l L. 415 (2000)
• Diana Woodhouse, The Pinochet Case: A Legal and Constitutional Analysis (Hart Pub. 2000)
• Peter Kornbluh, The Pinochet File: A Declassified Dossier on Atrocity and Accountability (New Press 2004)
• Trial of Slobodan Milošević, 2002 (Amer. Soc. Int’l Law)
• Leila Nadya Sadat, International Legal Issues Surrounding the Mistreatment of Iraqi Detainees by American Forces, Amer. Soc. Int’l Law, 2004
• Nadia Khan, Justice to the Extent Possible: The Prospects for Accountability in Afghanistan, 23 Temp. Int’l & Comp. L. J. 1 (2009)
• Daniel Benoliel, Ronan Perry, Israel, Palestine, and the ICC, 32 Mich. J. Int’l L. 73 (2010) — Bibliography, Israeli-Palestinian Conflict, Elon Univ. 2009 — Adam Oler, The Looming Demise of the ICC’s Complementarity Principle: Israel, U.S. Interests, and the Court’s Future, 31 Emory Int’l L. Rev. Recent Dev. 1001 (2017)
• Mỹ Lai, Lt. Calley, 1968: Michael Belknap, The Vietnam War on Trial: The My Lai Massacre and the Court-Martial of Lieutenant Calley (Univ Press of Kans., 2013)
• UN International Residual Mechanism for Criminal Tribunals (closed 2015, legacy website)
• HaMoked v. Commander of the IDF Forces in the West Bank, Supreme Court of Israel, HCJ 3278/02, Oct. 15, 2002 (Detention conditions during 2002 Gaza campaign)
• U.S. v. Steven Dale Green, 5:06-cr-19-R (W.D. Ky. 2005) — Docket — Indictment — Order on motion to suppress — Judgment — NBC interview — Suicide — Hillary A. Wandler, Extended Exposure: Advising Veterans of Federal Criminal Jurisdiction Over In Service Conduct, 61 Fed. Law. 14 (2014)
• Thomas W. Simon, Genocide, Torture, and Terrorism: Ranking International Crimes and Justifying Humanitarian Intervention (Palgrave 2015)
• Sara L. Ochs, The United States, the International Criminal Court, and the Situation in Afghanistan, 95 Notre Dame L. Rev. Reflection 89 (2019)
• International Criminal Trial for Rwanda (Statute) ICTR: A tribunal that failed Rwandan genocide victims and survivors (Deutsche Welle, 2019)
• Hannibal Travis, Genocide and Other International Crimes by Unincorporated Groups; Will There Be Loopholes for Them in the African Court? in The African Court of Justice and Human and Peoples’ Rights in Context (2019) (archived copy)
• Durward Johnson, Michael N. Schmitt, The Duty to Investigate War Crimes, Lieber Institute, West Point (2020)
• U. Minn. HR Library, War Crimes and Crimes Against Humanity, Genocide, and Terrorism

16.3. Libya

• In 1992, the United Nations Security Council condemned Libyan involvement in international terrorism (Resolutions 731 and 748) (discussion in: Gaddafi v. Telegraph Group Ltd, [2000] EMLR 431)
• Bernhard Graefrath, Leave to the Court What Belongs to the Court: The Libyan Case, 4 Eur. J. Int’l L. 184 (1994)
• ICJ: Lockerbie Case (1998)
• Gerald P. McGinley, The I.C.J.’s Decision in the Lockerbie Case, 22 Ga. J. Int’l & Comp. L. 577 (1992)
• Univ. of Syracuse, timeline (via archive.org)
• American Society of International Law

16.4. North Korea

• Korean Air Lines Flight 858 sabotage, 1987
• CNN: North Korea’s history of covert operations and secret killings
• Erwin Tan, Brian Bridges, Revisiting the 1983 Rangoon Bombing Covert Action in North Korea’s Foreign Relations (2019) — Further background and list of bombing victims at Wikipedia

16.5. International Tribunals

• International tribunals, statutes (globalpolicy.org)
• Global Policy Forum on an international tribunal for Cambodia
• 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. C. L. Rev. 1407 (2002)
• Jan Wouters, Dries Van Eeckhoutte, Cath. Univ. of Leuven, Institute of International Law, Giving Effect to Customary International Law Through European Community Law (Working Paper No. 25, Jan. 2003)

16.6. Other “Universal Jurisdiction” Cases and Issues

• 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)
• 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

16.7. ICJ (selected cases)

• United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran)
• Oil Platforms (Islamic Republic of Iran v. United States of America)
• Certain Criminal Proceedings in France (Republic of the Congo v. France)
• Göran Sluiter, The ICJ’s Decision in Congo v. Belgium and the International Criminal Court, 3 ISIL Y.B. Int’l Human. Refugee L. 176 (2003)
• Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium)

16.8. United States Cases

• 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)
• U.S. 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) — docket — indictment — order barring Government use of aviation-related evidence (commentary) — 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, 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)

16.9. United Kingdom Cases

• In re Pan American World Airways, [1992] Q.B. 854
• R. v. Bow Street Metropolitan Stipendiary Magistrate, ex p. Pinochet Ugarte, [2000] 1 A.C. 61; [2000] 1 A.C. 119; [2000] 1 A.C. 147; Oxford Public International Law, bibliography on the Pinochet case (also see above under “War crimes, generally”)
• Belgian case against Ariel Sharon: Procureur général c/ Sharon (in French)

16.10. Afghanistan, Iraq, Syria; Geneva Convention Issues

• International Committee of the Red Cross (Geneva Conventions)
• Human Rights Watch (Abu Ghraib)
• White House, Status of Taliban forces under Article 4 of the Third Geneva Convention of 1949 (2002)
• Wiki News on Australian/British prisoner: David Hicks gets British Citizenship (2005)
• Abu Ghraib: Ibrahim v. Titan Corp., 391 F.Supp.2d 10 (D. D.C. 2005)
• ECOSOC Human Rights Commission, Situation of Detainees at Guantánamo Bay (2006)
• Richard Norton-Taylor and Suzanne Goldenberg, Judge’s anger at US torture, Guardian, Feb. 17, 2006
• 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
• Kim Sengupta, Voices from Guantánamo, Independent, Mar. 6, 2006
• Criticism by lawyer for prisoners: American Gulag, L.A. Times, Feb. 26, 2006
• N.Y. Times editorial, They Came for the Chicken Farmer, Mar. 8, 2006
• George B. Mickum, MI5, Camp Delta, and the story that shames Britain, Independent, Mar. 16, 2006
• Eric Schmitt, Carolyn Marshall, Camp Nama: In Secret Unit’s “Black Room”, a Grim Portrait of U.S. Abuse, N.Y. Times, Mar. 19, 2006
• Brian Michael Jenkins, The Role of Terrorism and Terror in Syria’s Civil War, RAND (2013)
• Uri Friedman, Iraq: The World Capital of Terrorism, The Atlantic, July 5, 2016

16.11. Chechnya

• Dianne Leigh Sumner, Success of Terrorism in War: The Case of Chechnya, Naval Postgraduate School, Monterey, Sept. 1999 (thesis)
• Steven Pifer, Deputy Assistant Secretary of State for European and Eurasian Affairs, U.S. Policy on Chechnya, May 9, 2002
• Dmitri V. Treninm, The Forgotten War: Chechnya and Russia’s Future, Carnegie Moscow Center (Nov. 2003)
• Ben Wetherall, Chechen Terrorism: Old World Motive, New World Method? Historical tensions underlie current – and future – turbulence in Russia, Yale Global Online, Aug. 31, 2004
• Lorenzo Vidino, How Chechnya Became a Breeding Ground for Terror, 12 Middle East Quarterly 57 (2005)
• Paolo Calzini, Vladimir Putin and the Chechen War, 40 Int’l Spectator 19 (2005) (“The equation “terrorism equals separatism”, instrumentally underscored by the Russians, is also meant to respond to criticism from both inside and outside the country for the ruthless way in which military operations are being conducted and the consequent widespread violations of human rights.”)
• Anne Speckhard, Khapta Ahkmedova, Making of a Martyr: Chechen Suicide Terrorism, 29 Studies in Conflict & Terrorism 429 (2006)
• Emma Gilligan, Terror in Chechnya: Russia and the Tragedy of Civilians in War. Human Rights and Crimes Against Humanity (Princeton U. P. 2009)
• Preeti Bhattacharji, Chechen Terrorism, Council on Foreign Relations (Apr. 2010) (archived copy)
• Max Fisher, Understanding Chechen Terrorism: Is there a connection to Islamic extremism?, The Atlantic, Mar. 29, 2010
• National Consortium for the Study of Terrorism and Responses to Terrorism (START), Background Report, Terrorism and the North Caucasus: An Overview (Apr. 2013)
• Rachel Ehrenfeld, Lorenzo Vidino, Boston’s Jihadi Terrorists & The Chechen Connection, American Center for Democracy, April 20, 2013
• U.S. v. Sedaghaty, 728 F.3d 885 (9th Cir. 2013) (“This is a tax fraud case that was transformed into a trial on terrorism.”) — U.S. v. Sedaghaty, Cr. No. 05-60008-HO (D. Ore. Aug. 10, 2011) (case below, motions seeking a judgment of acquittal or a new trial)
• U.S. v. Jayyousi, 657 F.3d 1085 (11th Cir. 2011) (“A federal grand jury in the Southern District of Florida indicted Appellants Adham Hassoun, Kifah Jayyousi, and Jose Padilla …, along with Mohammed Youssef and Kassem Daher, for offenses relating to their support for Islamist violence overseas.”)
• Al Haramain Islamic Fdn. V. Dept. of Treasury, 686 F.3d 965 (9th Cir. 2011), (“OFAC’s seizure of assets as a result of its designation order of a United States entity located within the United States.”)
• U.S. v. Dzokhar A. Tsarnaev, 968 F.3d 24 (1st Cir. 2020) (“Together with his older brother Tamerlan, Dzhokhar Tsarnaev detonated two homemade bombs at the 2013 Boston Marathon”)
• Estate of Ibragim Todashev v. U.S., No. 19-10245. 11th Cir. 2020) (“The lawsuit arises out of a joint federal and state investigation into the Boston Marathon bombings and a triple murder in Waltham, Massachusetts, which led to Todashev being shot and killed by [FBI] Agent McFarlane.”)
• CNN, Beslan School Siege Fast Facts (Aug. 20, 2021) (archived copy)

16.12. Saudi Arabia Issues

• 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) (archived copy)
• 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

16.13. Risk of War, Generally

• 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) (archived copy)

16.14. Russian Invasion of Ukraine

• LoC, International Criminal Court, Ukraine: Indefinite Jurisdiction over War Crimes, Sept. 14, 2015
• Iryna Marchuk, The Conflict in Eastern Ukraine-The New Geopolitical Source of Terrorism, 18 Melb. J. Int’l L. 436 (2017)
• Krzysztof Nieczypor, (2018) For justice and compensation. Ukraine takes Russia to the international courts, OSW Commentary No. 271 (June 11, 2018) (another copy)
• Daniel L. Byman, Russia is a state sponsor of terrorism—But don’t treat it that way, Brookings, Apr. 30, 2018
• Daniel L. Byman, Russia is a state sponsor of terrorism—But don’t treat it that way, Brookings, Apr. 30m 2018 (“Yet for now at least, adding Russia to the list would be a mistake. … [T]he United States is never consistent when it comes to state sponsorship—excluding known sponsors and including nauseating regimes that nevertheless do little terrorism.”)
• ICJ, Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation), Judgment of 8 November 2019 (“By thirteen votes to three, Finds that it has jurisdiction on the basis of Article 24, paragraph 1, of the International Convention for the Suppression of the Financing of Terrorism, to entertain the claims made by Ukraine under this Convention”)
• Kateryna Busol, Can Ukraine’s Appeal to the International Courts Work?, Chatham House, Apr. 3, 2020 (“[Ukraine] focuses on narrower issues, referring them to authorised adjudication and arbitration platforms such as the International Court of Justice (ICJ), European Court of Human Rights, UNCLOS arbitration, and the International Criminal Court (ICC).”)
• Iryna Marchuk, Aloka Wanigasuriya, Venturing East: The Involvement of the International Criminal Court in Postsoviet Countries and Its Impact on Domestic Processes, 44 Fordham Int’l L. J. 735 (2021)
• Molly Quell, Ukraine has few legal options to hold Russia accountable for invasion, Courthouse News (Feb. 28, 2022)
• Marti Flacks, Will There Be Accountability for Russian Abuses in Ukraine?, Center for Strategic & International Studies, February 28, 2022
• Institute for Economics and Peace, Ukraine Russia Crisis: Terrorism Briefing, Relief Web, United Nations Office for the Coordination of Humanitarian Affairs (OCHA) (Mar. 1, 2022)
• Jason M. Blazakis, Op-Ed: The ultimate sanction: Listing Russia as a state sponsor of terrorism, L.A. Times, Mar. 1, 2022 (print version)
• U.K. Gov’t press release, UK leads call for ICC to investigate Russia’s war crimes, Mar. 2, 2022 (“State party referral, made by a group of 38 countries, will enable the Prosecutor to proceed straight to an investigation, without the need for judicial approval.”)
• Arabella Pike, The Oligarch’s Weapon to Bury the Truth, Russia’s super-rich have used our courts mercilessly to censor reporting of their wealth. Publisher Arabella Pike fought back, Sunday Times (London), Mar. 20, 2022, p. 19 (print version)
  • Tom Burgis, Kleptopia: How Dirty Money Is Conquering the World, HarperCollins, 2020
  • Catherine Belton, Putin’s People: How the KGB Took Back Russia and Then Took on the West, Straus and Giroux, 2020 (Financial terrorism. And see Yukos bankruptcy case (discussed chapt. 9 at note 49)[90]: In re Yukos Oil Company (04-47742) (Bankr. S.D. Tex. 2004) – Docket – Petition – Affidavit – Complaint for injunction)
  • Eurasian Natural Resources Corporation Ltd litigation (BAILII) )
• Carl Scott, Air Commodore (Retired), Letter: A defence attaché despairs at inevitability of conflict, Financial Times, Mar. 23, 2022, p. 24 (print version)
• Wolfgang Benedek, Veronika Bílková and Marco Sassòli, Report on Violations of International Humanitarian and Human Rights Law, War Crimes and Crimes Against Humanity Committed in Ukraine Since 24 February 2022, OSCE, Apr. 12, 2022
• The Times view on Russian atrocities in Ukraine: Putin’s Crimes, Times (London), Apr. 13/14, 2022 (“Western leaders should not get caught up in legalistic debates about genocide. … The targeting of hospitals and the murder and rape of civilians are a deliberate strategy to instil terror among Ukrainians.”) (print version)

17. Religion and Terrorism

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,[91] 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.[92] Within Islam, murderous hostility simmers between the major divisions, Shia and Sunni,[93] and against minor sects such as the Ahmadis, deemed heretics in Pakistan and denied there the status of Muslims.[94]

• A compilation of articles on religious radicalism in South Asia (Daniel K. Inouye Asia-Pacific Center for Security Studies, 2004).
• Mark S. Hamm, Terrorist Recruitment in American Correctional Institutions: An Exploratory Study of Non-Traditional Faith Groups, Final Report (DoJ Report, 2007)

While the United States has been threatened from within, notably by millenarian and neo-Christian militia groups,[95] 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,[96] and the writings of Sayyid Qutb,[97] 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.[98] The Deoband school (of which the Taliban are representative but naïve)[99] has taken such integrist teachings to extremes.[100]

17.1. Cases: Militia and Radical Christian Sects; Religious-Based Provocation

• 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 the church’s Web site (captured by archive.org on Apr. 30, 2020) (comment SPLC)

17.2. Other Reports and Articles

• 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: N.Y. Times OpEd, Jul. 8, 2005, Our Ally, Our Problem
• CRS Report for Congress RS22211, Islamic Extremism in Europe
• Made in America Wahhabism, L.A. 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
• Religious incitement and its theological background: see Tim Rutten, Drawn into a Religious Conflict, L.A. Times, Feb. 4, 2006
• Rene Beres, Religious Extremism and International Legal Norms: Perfidy, Preemption, and Irrationality, 39 Case W. Res. J. Int’l L 709 (2008)
• Jessie Hill, Adam F. Kimney, Sacred Violence: Religion and Terrorism, 39 Case W. Res. J. Int’l L. 703 (2008)
• Antonios Kouroutakis, Islamic Terrorism: The Legal Impact on the Freedom of Religion in the United States and Europe, Boston Univ. Int’l L. J. 113 (2016)
• Mark Juergensmeyer, Terror in the Mind of God, The Global Rise of Religious Violence, 4th ed. (Univ. of Calif. Press 2017)
• Alon Burstein, How Religious Extremism Changed the Face of Terrorism, Tony Blair Institute for Global Change (Jan. 2017)
• Peter Tarlow, The interaction of Religion and Terrorism, 1(16) Int’l J. Safety & Security in Tourism/Hospitality 1 (2017)
• Susilo Wibisono, Winnifred R. Louis, Jolanda Jetten, A Multidimensional Analysis of Religious Extremism, 10 Front. Psychol. 1 (2019)
• Megan K McBride, The Future of Religious Terrorism, Fletcher School, Center for Strategic Studies blog, Jan. 24, 2019
• Peter Henne, Terrorism and Religion: An Overview, Oxford Research Encyclopedias, Politics (Jan. 2019) (Paywall: Log in via a university library) (Bibliography)
• Jose F. Pinto, Global Religious Terrorism, A Troubling Phenomenon, 19 Global J. Hum. Soc. Sci. 1 (2019)
• Jonathan Andre Matusitz, Global Jihad in Muslim and non-Muslim Contexts (Palgrave Macmillan 2020)
• Joseph Hoelz, Islamist Terrorism and the Classical Islamic Law of War, 97 Int’l L. Stud. 1633 (2021)
• Other articles concerning religiously motivated terrorism are scattered throughout this essay.

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.

17.3. Selected Newspaper Articles

• Anthony Shadid, 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, Sunday Times (London), 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 St. J., Mar. 6, 2006, p. 1

17.4. Other Articles

• Wolfgang Palaver, Katholisch-Theologische Fakultätder Universität Innsbruck, Terrorismus: Wesensmerkmale, Entstehung, Religion
• (Google machine translation)
• Some of the issues are discussed in this writer’s article, “Islamic Land”: Group Rights, National Identity and Law, at 3 UCLA J. Islamic Near E. L. 53 (2004)

18. Medical Preparedness and Bio-Terrorism

• Brian C. Bernett, U.S. Biodefense & Homeland Security: Toward Detection & Attribution (Thesis, Naval Postgraduate School, 2006)
• Centers for Disease Control and Prevention, resources on terrorism
• FBI, Testimony on bioterrorism before the House Judiciary Committee, Subcommittee on Crime (2001)
• Brent Garland, Bioethics and Bioterrorism, 2 J. Philosophy, Science L. (March 2002)
• Interpol: Bio-terrorism
• Johns Hopkins Center for Public Health Preparedness, Bioterrorism and Food Safety
• Frederick J. Manning, Lewis R. Goldfrank, Preparing for Terrorism: Tools for Evaluating the Metropolitan Medical Response System Program (2002)
• PBS, NOVA Biowarfare and Bioterror
• 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)
• Pace Law School Library, Health Law Research Guide: Bioterrorism
• Shmuel C. Shapira & Meir Oren, Ethical Issues of Bioterror, 29 Studies in Conflict & Terrorism 394 (2006)
• U.S. Food and Drug Administration, Registration of Food Facilities and Other Submissions
• U.S. Customs and Border Protection, The Bioterrorism Act
• Victoria Sutton, Law and Bioterrorism (Carolina Acad. Press 2003)
• World Health Organization

19. Cases Addressing Selected Miscellaneous Legal Issues

19.1. Anti-Suit Injunction

• Bank of Tokyo Ltd. v. Karoon, [1986] 3 All E.R. 468 (C.A.)
• Peterson v. Islamic Republic of Iran, 758 F.3d 185 (2d Cir. 2014) (Summary judgment to the representatives of Americans killed in Iran-sponsored terrorist attacks and turnover of assets; anti-suit injunction against Bank Markazi in any jurisdiction or tribunal worldwide arising from or relating to blocked assets)

19.2. Foreign Sovereign Immunities Act (FSIA) Terrorism Exception (Selected Cases)

• Frost v. Islamic Republic of Iran, 383 F.Supp.3d 33 (D. D.C. 2019)
• Kilburn v. Socialist People’s Libyan Arab Jamahiriya, 376 F.3d 1123 (D.C. Cir. 2004)
• Mohammedi v. Islamic Republic of Iran, 782 F.3d 9 (D.C. Cir. 2015) (Dismissal for failure to satisfy nationality requirement of FSIA at time of alleged torture)
• Stansell v. Republic of Cuba, 217 F.Supp.3d 320 (D. D.C. 2016)
• Samantar v. Yousuf, 560 U.S. 305 (2010) (Natives of Somalia, Torture Victim Protection Act (TVPA), Alien Tort Statute, Foreign Sovereign Immunities Act (FSIA))
• Jennifer K. Elsea, CRS, In Re Terrorist Attacks on September 11, 2001: Claims Against Saudi Defendants Under the Foreign Sovereign Immunities Act (FSIA) (May 2016)
• In re: Terrorist Attacks on September 11, 2001, 392 F.Supp.2d 539 (S.D. N.Y. 2005) (reconsideration in part of 349 F.Supp.2d 765) (extent of cause of action against Saudi Arabian defendants under ATA and FSIA)
• In re Islamic Republic of Iran Terrorism Litigation, 659 F.Supp.2d 31 (2009) (“litigation against the Islamic Republic of Iran under the state sponsor of terrorism exception of the Foreign Sovereign Immunities Act”; 2008 revision of FSIA)
• Han Kim v. Democratic and People’s Republic of Korea, 774 F.3d 1044 (D.C. Cir. 2014)
• Sotloff v. Syrian Arab Republic, 525 F.Supp.3d 121 (D. D.C. 2021)
• Federal Republic of Germany v. Philipp, 141 S.Ct. 703 (2021) (on the limits of FSIA grant of jurisdiction: Nazi forced sale of works of art); discussion, 135 Harv. L. Rev. 441 (2021)

20. Counter-Terrorism and Human Rights

• 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)
• UNHCR, Human Rights, Terrorism and Counter-Terrorism
• UNHCR Special Rapporteur, On the promotion and protection of human rights and fundamental freedoms while countering 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) (via archive.org: site closed)
• International Federation for Human Rights
• Carters (Orangeville, Ont. law firm), Anti-Terrorism Law Resources
• Congressional Research Service: Immigration-Related Detention: Current Legislative Issues, USA PATRIOT Act, indefinite incarceration of certain non-deportable terrorist suspects (2012)
• 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 Const. L. 1001 (2004)
• John Hedigan, The European Convention on Human Rights and Counter-Terrorism, 28 Fordham Int’l L. J. 392 (2004)
• Tim Stahlbert, 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)
• UNHCR, Human Rights, Terrorism and Counter-terrorism (undated) (archived copy)

20.1. European Cooperation

• Council of Europe
  • Combating Terrorism
  • Terrorism and the European Convention on Human Rights
  • War and Terrorism
  • European Convention on the Suppression of Terrorism
  • Country profiles on counter-terrorism capacity
• European Commission: Counter terrorism and radicalisation
• European Parliament, Freedom, Security and Justice
• European Union, Fight Against Terrorism
• Robert Schumann Foundation, The European Union and the fight to counter terrorism
• Independent Reviewer of Terrorism Legislation, Brexit: the security dimension (March 3, 2016)
• NATO Countering terrorism
• Organization for Security and Co-operation in Europe Vienna (OSCE), February 2014, Preventing Terrorism and Countering Violent Extremism and Radicalization that Lead to Terrorism: A Community-Policing Approach

20.2. Right to Privacy

• Electronic Privacy Information Center (on USA PATRIOT Act) (Middle Tenn. State Univ. analysis)

21. Relevance of the Law of War, the Geneva Conventions

• Kenneth Roth, The Law of War in the War on Terror: Washington’s Abuse of “Enemy Combatants”, Foreign Affairs, Jan-Feb. 2004 (via JSTOR, log in via a participating local library)
• 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 on Foreign Relations, Findings Report: Enemy Combatants and the Geneva Conventions, Dec. 12, 2002
• 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
• John C. Yoo, James C. Ho, International Law and the War on Terrorism, University of California, Berkeley, August 1, 2003
• John C. Yoo, James C. Ho, The Status of Terrorists, UC Berkeley, Boalt Working Papers in Public Law, Aug. 27, 2003
• Mark David, “Max” Maxwell, Sean M. Watt, “Unlawful Enemy Combatant”: Status, Theory of Culpability, or Neither?, 5 J. Int’l Crim. Just. 19 (2007)

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: U.K. Human Rights Act 1998.

22. Statutes and Bills; Legislative Projects; Commentaries (By Country)

The following is a selection based on on-line availability, providing examples and organized by country. It is not an exhaustive survey.

Algeria

• Prévention et lutte contre le blanchiment d’argent et le financement du terrorisme — (another site)
• Code pénal
• Convention de l’OUA sur la Prévention et la Lutte contre le Terrorisme

Argentina

• 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 (Jan. 2012)
• Argentina: Overview on Argentina Anti Money Laundering (AML) And Combating Terrorist Financing (CFT) Situation
• Marguerite Feitlowitz, A Lexicon of Terror: Argentina and the Legacies of Torture, Revised and Updated with a New Epilogue (Oxford U. P., first pub. 1998)
• Francesca Lessa, Vincent Druliolle, The Memory of State Terrorism in the Southern Cone: Argentina, Chile, and Uruguay (Palgrave Macmillan 2011)

Australia

• Attorney-General’s Dept. Australia’s counter-terrorism laws
• Parliamentary Library: Anti-Terrorism Laws
• Court cases
• Parliamentary Library, “terrorism”
• Jenny Hocking, The Anti-Terrorism Bill (No 2) 2005: When scrutiny, secrecy and security collide (November 2005) (archived copy)
• 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
• Parliament of Australia, Terrorism Court Cases (2007)
• Christopher Michaelsen, Australia and the Threat of Terrorism in the Decade after 9/11, 18 Asian J. Pol. Sci. 248 (2010)
• Parliament, Anti-terrorism control orders in Australia and the United Kingdom: a comparison
• Christopher Michaelson, Balancing Civil Liberties Against National Security? A Critique of Counterterrorism Rhetoric, [2006] UNSWLawJl 13; (2006) 29(2) UNSW Law Journal 1
• Kerr Neilson, Terror laws will damage public trust, ferment civil disorder: Aussie funds manager
• Andrew Lynch, Nicola McGarrity, George Williams, Inside Australia’s Anti-Terrorism Laws and Trials (NewSouth Publishing 2015)

Austria

• Counter-Terrorism Project, Austria: Extremism & Terrorism
• Statista, Incidences of terrorism in Austria from 1972 to 2017

Bangladesh

• Anti Terrorism Act 2009
• National Security, Terrorism and Counterterrorism Law, Policy and Practice in Bangladesh

Belgium

• Anti-Terror Laws in Belgium Counterproductive
  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
• Un projet de loi «antiterroriste» hâtif et liberticide

Brazil

• LOC Global Legal Monitor: New Anti-Terrorism Law Enacted (2016)
• Understood But Undefined: Why Do Argentina and Brazil Resist Criminalising Terrorism?

Canada

• 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)
• Canada: Extremism and Terrorism

Chile

• 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 (via archive.org)

China

• Translation: Counter-Terrorism Law 2015
• The Diplomat, China’s Comprehensive Counter-Terrorism Law (2015)
• Matthieu Duchâtel, Terror Overseas: Understanding China’s Evolving Counter-Terror Strategy, European Council on Foreign Relations (2016)

Egypt

• Atlantic Council: Egypt’s Anti-terror Law (translation)
• Human Rights Watch: Egypt’s Counter-terrorism Law Erodes Basic Rights

El Salvador

• Salvadoran Gangs

France

• Code pénal : le terrorisme
• 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 (2005)
• 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’État
• Karine Roudier, Le droit constitutionnel et la légalité de l’infraction de terrorisme
• Comparison of French and Irish counter-terrorism jurisdictional issues
• Revue de l’actualité juridique française

Georgia

• Law on combatting terrorism

Germany

• Ministry of the Interior, Counter-terrorism (2013)
• Gibt es Recht in Terrorismus (Lecture, Leipzig Univ., Oct. 19, 2003)
• Erich Kussbach, Die internationale Bekämpfung des Terrorismus mit Mitteln des Rechts (Heidelberg, 2003)
• New Anti-Terrorism Legislation Entered Into Force (2015)
• Liberty, Security, and Terrorism: The Legal Position in Germany (2019)
• Counter-terror Law (2016)
• Der Spiegel (English), “Terrorism”

India

• M. Mohibul Haque, Understanding terror in the Indian context, The Hindu (2015)

Indonesia

• Government Regulation in Lieu of Law 1/2002
• Indonesia’s New Anti-Terrorism Laws: Damned If You Do, Damned If You Don’t (via archive.org)

Iran

• United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran) (ICJ, May 24, 1980) (Summary)
• Étienne Dignat, Iran : la diplomatie de l’otage (2020) (in French)
• U.S. Dept. of State Bureau of Counterterrorism, Country reeport (2020)

Ireland

• Offences Against the State Acts, 1940+

Israel

• 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
• Eunice G. Buhler, The Israeli Prevention of Terrorism Ordinance and its Impact on the Quality of Democracy, 11 Stan. J. Int’l Rel. 58 (2010) (archived copy)
• Shurat Hadin: Israel Law Center
• Seeking justice for victims of Palestinian terrorism in Israel, hearing before the Subcommittee on National Security of the Committee on Oversight and Government Reform, House of Representatives
• Justus R. Weiner, Terrorism: Israel’s Legal Responses, 14 Syr. J. Int’l L. Com. 183 (1987)
• Hillel Sommer, Providing Compensation for Harm Caused by Terrorism: Lessons Learned in the Israeli Experience, 36 Ind. L. Rev. 335 (2003)
• Jerusalem Post, Hamas ordered by court to pay NIS 38 million to victims of terrorism (2021)

Italy

• Antiterrorismo: la nuova legge, ecco le norme principali
• D.L. 7/2015 Lotta al terrorismo e missioni internazionali (via archive.org)
• Atto Senato n. 1854
• Misure anti-terrorismo, la risposta legislativa italiana (2015) (via archive.org)

Kenya

• Brian Kimari, Melissa Mungai, Decisions of Kenyan Courts on Terrorism (2020)

Luxembourg

• Loi du 12 novembre 2004 relative à la lutte contre le blanchiment et contre le financement du terrorisme

Mexico

• 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
• Contexto del terrorismo en el siglo xxi: la experiencia Mexicana (Ricardo Rodríguez Inda)

New Zealand

• Terrorism Suppression Act 2002
• Jurist, New Zealand passes counter-terrorism law following Auckland supermarket attack (2021)

Nigeria

• 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 (via archive.org)
• Terrorism Prevention Act, 2011 (via archive.org)

Pakistan

• Zulfiqar Hameed, Antiterrorism Law
• CRS, Pakistan and Terrorism: A Summary

Panama

• Refworld
• IMF: Panama: Detailed Assessment Report—FATF Recommendations for Anti-Money Laundering and Combating the Financing of Terrorism (2014)
• American Banker: Terror Attacks, Panama Papers Show Cracks in Post-9/11 Monitoring (2016)

Philippines

• UNODOC, Anti-terrorism policy (2011)
• Inside Republic Act 9372 (Human Security Act of 2007)
• Hans Koechler, United Nations, the International Rule of Law and Terrorism (IPO, 2002)
• Philippines Terrorism: The role of militant Islamic converts (International Crisis Group, Dec. 2005)
• Christian Gonzales, A Closer Look on the Philippine Anti-terror Law (2020)

Russia

• USCIRF Condemns Enactment of Anti-Terrorism Laws
• Jean-Francois Ratellem, A New Anti-Terrorist Law in Russia: Feeding the Insurgency Through Corruption and Police Abuses, Geo. J. Int’l Aff. (2013)
• Jewish Policy Center: Russian Counterterrorism Policy (2014)
• Michael McFaul, Putin, Putinism, and the Domestic Determinants of Russian Foreign Policy (2020)
• Vidhi Jain, Cyber crime and laws in Russia: An overview, Cyberblog India (2021)
• Russia’s Vision for a Cybercrime Treaty, Directions Blog (2021)
• Michael Hirsch, Is Putin Resurrecting the Balance of Terror? Foreign Policy (Mar. 1, 2022) (“His talk of nuclear “combat” is terrifying—but it could also reawaken the world to much-needed arms control.”) (another copy)
• Stuart Anderson, Why Russia Should Fear Being Declared A State Sponsor Of Terrorism, Forbes, July 5, 2022
• The Verkhovna Rada of Ukraine recognized russia as a terrorist state and called on other world countries to recognize it as well.(with link to parliamentary decision in Ukrainian)
• S.Res.623 – A resolution calling on the Secretary of State to designate the Russian Federation as a state sponsor of terrorism
• U.S. Dept. of Treasury, Ukraine-/Russia-related Sanctions

Saudi Arabia

• New Terrorism Law in Effect (2014)
• The Anti-Money Laundering and Counter- Terrorism Financing (AML/CTF) Guide (2019)
• An analysis of the law on combating terrorism and its financing adopted by the Saudi Council of Ministers on 31 October 2017

South Africa

• African Security Review Vol 14 No 4
• Annette Hubschle, Commentary: So§uth Africa’s Anti-Terror Law, 14 African Security Review 105 (2005) (via archive.org)
• Text of Anti-Terrorism Bill, 2002 (via archive.org)

Spain

• Ministry of the Interior, El terrorismo en España (archived copy)
• 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) (via archive.org)
• 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
• Ley 12/2003, de 21 de mayo, de prevención y bloqueo de la financiación del terrorismo. (BOE nº 122 de 22 de mayo) (another copy)
• Ley 29/2011, de 22 de septiembre, de Reconocimiento y Protección Integral a las Víctimas del Terrorismo.
• Maialen Ferreira, “De ETA al Dáesh”, un viaje de 60 años por la historia desconocida del terrorismo en España, El Diario, May 9, 2021

Sweden

• Code of Conduct on Politico-Military Aspects of Security for 2015

Switzerland

• Penal Code, Financement du terrorisme (Art. 260 et seq.)
• 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)

Trinidad and Tobago

• Anti-terrorism Bill 2004

Turkey

• Council of Europe critique
• Laws In Turkey
• Anti-Terror Law Act No 3713; pub. 12 April 1991 (via archive.org)
• Turkey; United Nations: Criticism of Anti-Terrorism Laws
• Turkey: Council of Europe Committee of Experts on Terrorism (CODEXTER): Profiles on Anti-terrorist capacity
• U.K. Country Policy and Information note: PKK in Turkey (Fwb. 2020)

Ukraine

• Law on the fight against terrorism, VVR, 2003, N 25, st.180 (archived copy)
• Council of Europe, Ukraine Profile on Counter-Terrorist Capacity (CODEXTER)

United Kingdom

• 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 (via archive.org)
• Prevention of Terrorism Act (2005) (repealed)
• Terorism Act 2006 (Home Office description)
• Graham Turnbull Lecture, 17 May 2016, Terrorism and the Law, by David Anderson QC, Independent Reviewer of Terrorism Legislation (archived copy)
• Statewatch, Parliamentary human rights papers
• Prevention of Terrorism Bill, explanatory notes
• Cryptome, archived documents (2005)
• The Black Vault document archive
• Terrorism Act 2000
• Amnesty International, Briefing on the Terrorism Bill (2000)
• Human Rights Watch, Terrorism Bill 2005
• Wikipedia, Terrorism Bill 2005
• “Public Whip” Parliamentary voting data
• Mark Brown, 14-year-old boy one of youngest in UK to be convicted of terror charges, Guardian, Jan. 19, 2022

United States

• Congress, “terror legislation”
• Public Law No: 107-56, 115 Stat. 271, USA PATRIOT Act, H.R. 3162
• Epic, Electronic Privacy Information Center, Counter-terrorism proposals (via archive.org)
• Epic, USA PATRIOT Act
• ACLU, terrorism law
• Findlaw, Terrorism risk insurance act of 2002
• Cornell Law School, LII Backgrounder on Terrorism Law

23. Government, Academic and Scholarly Reference Sites, Archives

• 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
• US Mission to the United Nations
• WORLDLII
• Peace Palace Library, The Hague
• International Committee of the Red Cross
• Biblioteca Jurídica Virtual (Mexican, in Spanish)
• US Department of State, FOIA

23.1. Government Reports

• Congressional Research Service: Federation of American Scientists archive
• CRS, Federation of American Scientists archive
• U.S. Department of State, Report on Foreign Terrorist Organizations
• U.S. Department of State, Country Reports and 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 (via archive.org) — 2015 version
• 9/11 responses (2001)
• U.K.: Legislation against terrorism: a consultation paper (Dec. 1998)

23.2. Articles, Documents: Skeptical, Contrary and Critical Views

• 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. Pol. 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

24. Middle East Matters

• Jerusalem Media and Communications Centre
• Middle East Media and Research Institute (MEMRI)
• 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

---

[1] See the writings of Ernest Gellner and Benedict Anderson.

[2] 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.

[3] Michael Herz, “Do Justice!”: Variations of a Thrice-Told Tale, 82 Va. L. Rev. 111 (1996).

[4] 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.

[5] On this see Stelio Séfériadès, L’échange des populations, 24 Rec. des cours 307 (1928-IV).

[6] 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).

[7] “The Rise and Fall of Mazzinian Nationalism on the Italian Peninsula”; Wikipedia, “Religious Nationalism”

[8] Shall “human rights” be a relative norm notwithstanding the contrary presumption of the Universal Declaration?. Compare the draft Arab Charter of Human Rights

[9] F. T. Piggott, The “Ligeance of the King”, The Nineteenth Century and After, No. 464, Oct. 1915, p. 729.

[10] Law of July 14, 1798, 1 Stat. 597; e.g., U.S. v. Callender, 25 F.Cas 239 (C.C.D.Va. 1800) (No. 14,709).

[11] Prohibiting the teaching of foreign languages in primary schools; see Meyer v. Nebraska, 262 U.S. 390 (1923); Bartels v. Iowa, 262 U.S. 404 (1923).

[12] Among them U.S. v. Baeker, 55 F.Supp. 403 (E.D. Mich. 1944).

[13] Fong Yue Ting v. United States, 149 U.S. 698 (1893).

[14] Hirabayashi v. U.S., 320 U.S. 81 (1943)

[15] Co-operative Committee on Japanese Canadians v. Attorney-General for Canada, [1947] A.C. 87.

[16] Thus: Gitlow v. New York, 268 U.S. 652 (1925); Schneiderman v. United States, 320 U.S. 118 (1943).

[17] U.S. v. Kawakita, 96 F. Supp. 824; aff’d 190 F.2d 506 (9th Cir. 1951), 343 U.S. 717 (1952).

[18] The Pizarro, 15 U.S. 227 (1817), Inglis v. Sailors’ Snug Harbor, 28 U.S. (3 Pet.) 99 (1830).

[19] “Gandhi’s words”; MKGandhi.org; Wikiquote.

[20] Jurist; University of Missouri-Kansas City Law School, Famous Trials FBI, Mississippi Burning.

[21] Irish Hunger Strikes Commemorative Project.

[22] See Frances FitzGerald, Fire in the Lake: The Vietnamese and the Americans in Vietnam (1972).

[23] Assaf Moghadam, Motives for Martyrdom: Al-Qaida, Salafi Jihad, and the Spread of Suicide Attacks, 33 Int’l Security 46 (2008-09).

[24] Israel Ministry of Foreign Affairs, Wave of Terror (2016) British National Archives, documents concerning Irgun.

[25] Susan B. Glasser, “Martyrs” In Iraq Mostly Saudis: Web Sites Track Suicide Bombings, Washington Post, May 15, 2005

[26] Afghanistan Watch: “Iraq tactics hit Afghanistan” (2005); Greg Sanders, Review Digest: Human Rights and the War on Terror: Afghanistan (Univ. of Denver).

[27] Jan Oskar Engene, Five Decades of Terrorism in Europe: The TWEED Dataset, 44 J. Peace Res. 109 (2007).

[28] 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).

[29] An erosion of human, civil and even political rights may be counted among these.

[30] 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).

[31] South Africa, Truth and Reconciliation Commission.

[32] This may not be the case in civil-law countries, where an heir who has reason to suspect an insolvent succession should call for an accounting before accepting an inheritance: George A. Pelletier Jr., Michael Roy Sonnenrich, A Comparative Analysis of Civil Law Succession, 11 Vill. L. Rev. 323 (1966) (“The heir [in France], once he accepts the estate or his share, becomes liable for the payment of all the debts of the estate even if such debts are in excess of the assets.”); Fabienne Cornillon, Succession: que deviennent les dettes, Ridins.com, Mar. 20, 2020 (“Les trois solutions offertes aux héritiers”); EU, European Justice, Succession—France (“Heirs who have opted for unconditional acceptance have unlimited liability for all the deceased’s debts and charges. However, they can apply to be released from all or part of their obligation for a debt on the estate if, at the time of succession, they may have been unaware of the existence of that liability and payment of these debts could seriously prejudice their own assets.”); Raymond Théodore Troplong, Le droit civil expliqué suivant l’ordre du Code (Meline, Cans 1848).

[33] 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.

[34] Not to forget the attempt by the late Adam Swarz to make the contents of JSTOR available free to everyone, as “democratized” federal court documents by a (partial) mirror of PACER.gov in RECAP.

[35] See Paul Krugman, When “Freedom” Means the Right to Destroy, N.Y. Times, Feb. 14/15, 2022 (print version)

[36] Apparently nonpartisan, but with a stated agenda “to support the defense of democratic societies under assault by terrorism and Militant Islamism.”

[37] Jamestown Foundation: Information “about events and trends in those societies which are strategically or tactically important to the United States”.

[38] Blackmer v. U.S., 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, Causes célèbres du droit des gens, Affaire Henry M. Blackmer extradition (1929); Blackmer wins extradition, N.Y. Times, Dec. 16, 1928.

[39] Consider the limited attention given currently to terrorist acts in Yemen, Afghanistan, Iraq and Syria as compared to countries where there is a large U.S. presence and diplomatic concern.

[40] Bob Woffinden, Miscarriages of Justice (Proteus 1984); 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

[41] 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.

[42] 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.

[43] 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 and documents published by the embassy invaders as “Documents from the nest of spies”. (Giorgio Vercellin, Guide to “Documents from the Nest of Spies” (1986) — Den of Espionage – Inside the Former US Embassy in Tehran, Iran (photographic essay by “Nate”, sympathetic to the self-described “student” invaders) (archived copy) — John Limbert, Nest of Spies: Pack of Lies, The Washington Quarterly, v. 5, issue 2, p. 75 (1982)).

[44] Biographic notes: Samuel K. Doe.

[45] “The Assassination of Archduke Franz Ferdinand”.

[46] Bobby Joe Keesee biography.

[47] DEBKAfile, Murder Gun Betrays Greek Terror Group after 27 Years — Terror suspect says he murdered British envoy, Scotsman, July 19, 2002.

[48] Shibley Telhami, In the Mideast, the Third Way Is a Myth, Washington Post, Feb. 17, 2006, p. A19.

[49] Celia W. Dugger, Asylum Rules Protect Both U.S. Allied and Adversaries, I.N.S. Says, N.Y. Times, Aug. 5, 1997.

[50] See below, “Status and Immigration”.

[51] The defendants are mentioned in In re Enron Corp. Securities, Derivatives and “ERISA” Litigation, 2005 WL 3504860.

[52] See 8 FAM 401.6. Prior to 1924 most Indigenous Americans (i.e., those who did not acquire U.S. citizenship (i.e. “Indians not taxed” and not deemed beneficiaries of the XIV Amendment) were deemed noncitizen protégés.

[53] “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.

[54] Words used by Mr. Justice Holmes in Schenck v. U.S., 249 U.S. 47 (1919) and in 107 U.S. Supreme Court judgments since then.

[55] For purposes of comparison, the European Commission Web site shows the registration requirements for each member state

[56] House of Lords Report

[57] “Real ID”. A linked issue is the insurance coverage of unlicensed drivers: compare “uninsured motorist coverage” in U.S. automobile policies with EU Motor Insurance Directive which addresses insolvent insurers, foreign-registered vehicles (even with forged or invalid license plates) and uninsured 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).

[58] Stephen H. Unger, National ID Cards: A Threat to Liberty? (2010).

[59] Nina Bernstein, Seized with Heavy Hand at Border, For Paperwork Errors?, N.Y. Times, Feb. 10, 2006.

[60] See a string of European Court of Justice cases severely limiting the right of member states to exclude European citizens, notably R. v. Pieck, [1980] E.C.R. 2171 (lack of residence permit) and Van Duyn v. Home Office, [1974] E.C.R. 1337 (staff member of Church of Scientology), Adoui & Cornuaille v. Belgium, [1982] E.C.R. 1665 (prostitution).

[61] See the writer’s paper on this subject, presented to the Council of Europe Conference on Nationality in October 2004.

[62] 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 is 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).

[63] The Convention Relating to the Status of Stateless Persons copies it nearly verbatim.

[64] 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) (review), 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.

[65] 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 anti-war T-shirt incident: CNN report; Sheehan (Truthout).

[66] The following trafficking cases were motivated by greed, not terrorism: U.S. 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, U.S. 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).

[67] For background see Clive Parry, British Nationality Law and the History of Naturalisation (1954).

[68] This created an anomaly historically with regard to American women who had married aliens, before the Cable Act of 1922; to Indigenous Americans prior to the Indian Citizenship (Syder) Act of 1924, to Filipinos prior to the Tydings–McDuffie Act of 1934; to African Americans prior to the XIV Amendment in 1868.

[69] 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.

[70] B. (R.) v. Children’s Aid, [1995] 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, [1959] S.C.R. 121 (use of public facilities); Watch Tower Bible and Tract Society v. Mount Roskill Borough, [1959] N.Z.L.R. 1236 (S.Ct.) (reversing finding of “subversive”); Walsh v. Lord Advocate, [1956] 1 W.L.R. 1002 (H.L.) (conscription); Adelaide Company of Jehovah’s Witnesses v. Commonwealth, [1943] 67 C.L.R. 116 (H.C. Australia) (prejudicial to conduct of war).

[71] Wisconsin v. Yoder, 406 U.S. 205 (1972) (compulsory education); U.S. v. Lee, 455 U.S. 252 (1982) (state pension scheme).

[72] Sherbert v. Verner, 374 U.S. 398 (1963) (refusal to work on the Sabbath); Prais v. Council, [1976] E.C.R. 1589 (recruitment examination held on a Saturday).

[73] Van Duyn v. Home Office, [1974] E.C.R. 1337, upon reference in [1974] 1 W.L.R. 1107 (Ch. Div.); Hubbard v. Vosper, [1972] 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.

[74] But see also Kawakita (Hayashi) v. Lorenz, 271 P.2d 18 (Cal. 1954) (dismissal of claim for fraudulent disposal of Kawakita family property during their wartime internment).

[75] See note 69 above.

[76] Thus: Lucy E. Salyer, Laws Harsh as Tigers: Chinese Immigrants and the Shaping of Modern Immigration Law (1995).

[77] Robert Fisk, Exodus: Christians of the Arab World Flee Their Biblical Homeland, Independent, Sept. 24, 1997, p. 11.

[78] CBC Report, The Salafist Movement (via archive.org)

[79] 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.).

[80] Francis Elliott et al., The Two Faces of Islam UK, Independent, Feb. 12, 2006.

[81] See the references under “Religion and Terrorism”.

[82] 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).

[83] Yoginder Sikand, Pakistan, Islam and Indian media stereotypes, Countercurrent, Jan. 21, 2006.

[84] “Coalition for Justice in Hawaiian Gardens & Jerusalem”.

[85] Samuel Brittan reviewing Samuel P. Huntington, The Clash of Civilizations: My enemy’s enemy is not always my friend, Halkyut Soc., 2002. See also Niall Ferguson, The crash of civilizations, L.A. Times, Feb. 27, 2006; Samuel P. Huntington, The Clash of Civilizations?, 72 For. Aff. 22 (Summer 1993) (another copy) and as Ch. 6 in Lane Crothers, Charles Lockhart, ed., Culture and Politics, A Reader (Palgrave Macmillan 2000), and The Clash of Civilizations and the Remaking of World Order, Simon & Schuster, 1996 through 2011; Ross Douthat, Vladimir Putin’s Clash of Civilizations, N.Y. Times, Feb. 26/27, 2022, p. 9 (print version); Ross Douthat, Yes, There is a Clash of Civilizations, New York Times, Mar. 30, 2022; Olivier Roy, L’Ukraine invalide le “choc des civilisations”, L’Obs, Le Nouvel Observateur, Mar. 10, 2022, p. 67 (print version), in English as Ukraine and the Clash of Civilisation theory, an interview with Olivier Roy, European Univ. Inst., Mar. 10, 2022.

[86] George W. Pring, Penelope Canan, SLAPPs: Getting Sued for Speaking Out (Temple Univ. Press, 1996). Several bibliographies and analyses can be found with a search engine.

[87] The case may hold lessons for those charged with distinguishing harmless propaganda from incipient terrorism. One remarkable point of the judgment was that McDonald’s (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. McDonald’s won the case (up until the ECHR decision against the United Kingdom government) but it was a Pyrrhic victory. They did not seek costs against the defendants who in any event were penniless.

[88] “‘[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).

[89] 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.

[90] Everything had been prepared for what promised to be the sale of the Kremlin’s new century, the auction whereby one of the biggest prizes in the oil industry was to be returned to the hands of the state – with the approval and participation of Western banking institutions and oil majors to boot. But just four days before the Yugansk sale was due to be held, Yukos’s senior management, still led by Theede and Misamore from exile in London, dug in for a final act of defiance. The blow came without any warning: they’d quietly filed for Chapter 11 bankruptcy for Yukos in a Houston court, and won a temporary stay to halt the sale.[49] All of a sudden, Gazprom’s Western backers fell away.[50] The Yukos managers had argued that the company fell under the protection of the US legal system because US minority investors held a 10 per cent stake, while the oil major itself had ‘significant business’ in the US.[51]

The last-minute move sent Putin into a vituperous rage. ‘I’m not sure [the judge] even knows where Russia is,’ he snapped.[52] Insisting that the US courts had no jurisdiction over what happened in Russia, the Kremlin pressed ahead with the sale. But for Gazprom, the risks of bidding in the auction had become too high. Its ownership of a web of assets in the West – storage facilities, trading hubs and joint ventures for gas distribution in Europe – left it open to lawsuits should it » seek to bid in the sale and violate the US order. Instead, the way was cleared for Igor Sechin, the silovik many in the banking community had begun to name ‘the dark lord’ for his propensity for scheming and his ruthless ambition, to make another bid for Yugansk. His Rosneft oil major had no assets in the West. 

[91] Wikipedia, “Baruch Goldstein“; cf. the fringe Jewish Task Force.

[92] BBC, Tamil Tigers: a fearsome force (2000).

[93] South Asia Analysis Group, Massacres of Shias in Iraq and Pakistan (2004).

[94] Newspaper articles archived on an Ahmadiyya-sponsored site (2011); Pervez Amir Ali Hoodbhoy, How Islam Lost Its Way, Washington Post, Dec. 30, 2001.

[95] Air University resources (July 2000 via archive.org) — Anti-Defamation League appraisal (via archive.org)

[96] Ewen MacAskill, UK to build ties with banned Islamist group, Guardian, Feb. 17, 2006.

[97] 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).

[98] USC-MSA Compendium of Muslim Texts (archived copy)

[99] Chip Brown, The Freshman, N.Y. Times Magazine, Feb. 26, 2006 (former Taliban ambassador/spokesman Sayed Rahmatullah Hashemi, then a non-degree student at Yale). See Rebeca White, Whatever Happened to Yale’s Taliban Freshman?, Wilson Quarterly, Summer 2014.

[100] Julian West and Jo Knowsley, British Muslims ordered to adopt Taliban teachings. Sunday Telegraph, July 27, 1997; Celia W. Dugger, Indian Town’s Seed Grew Into the Taliban’s Code, N.Y. Times, Feb. 23, 2002 (Deobandism).