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The Impact of 9/11 and the New Legal Landscape is the third volume of the six- volume series The Day that Changed Everything? edited by Matthew J. Morgan.
Table of contents

There is no established definition of terrorism under international law. Instead, there is a great deal of debate over which actions are terrorist and which are acts of legitimate resistance against oppressive governments. Regardless of the failure to agree on a broader definition, there is an overwhelming consensus that terrorism involves the use of threat of violence against civilians for a political purpose.

In the UK, the legal definition of terrorism is provided in section 1 of the Terrorism Act This defines terrorism as the use or threat of action which:. The purpose of the definition in section 1 is not to define a crime of terrorism — virtually any terrorist offence is already a violation of existing criminal law, such as incitement, conspiracy to cause explosions or murder. Instead, section 1 acts as a trigger for the use of other counter-terrorism measures. For example, membership of a proscribed terrorist organisation is a criminal offence under section 11 of the Terrorism Act The Terrorism Act continues to provide the main framework for counter-terrorism powers in the UK.

It contains the main powers for arrest and extended pre-charge detention in terrorism cases as well as the main terrorism offences outside the ordinary criminal law, for example, membership of and support for a proscribed organisation. Ironically it was intended to be a single, comprehensive piece of counter-terrorism legislation intended to replace the patchwork of temporary legislation that had arisen over 30 years of the Northern Ireland conflict. Instead of being able to challenge the closed evidence, the detainee would be represented by a special advocate who would argue the case on his behalf in the closed proceedings but would not be allowed to communicate with the detainee.

The Act allows the Home Secretary to impose control orders on individuals whom he suspects of being involved in terrorism. Unlike indefinite detention, they may be imposed on both UK nationals and foreign nationals, something which allowed the government to lift its derogation under the ECHR. As with indefinite detention, however, any appeal against control orders may involve the use of closed proceedings and special advocates, meaning that someone wishing to challenge a control order may not know all or any of the evidence against them.

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