The Definition of Terrorism CM 7052 - Official Documents

MOTIVE/DESIGN
65. Given my conclusions about the utility and protections provided by the discretion,
I see the section 1(1) motive test as neither better nor worse than the best available
in comparable jurisdictions. I see no demanding reason for change. However, for
consistency with the UN Resolution 1566 [2004] and Council of Europe
Convention on the Prevention of Terrorism 2003 32 , consideration should be given
to the possibility of replacing section 1(1)(c) with the words
“the use or threat is made for the purpose of advancing a political, philosophical,
ideological, racial, ethnic, religious or other similar cause”
66. A change of that kind, in addition to the advantage of consistency, would cement
into the law clarity that terrorism includes campaigns of terrorist violence
motivated by racism. I believe that these are covered by the current law. However,
given the increasing debate in Western Europe about ethnic and religious customs
(including modes of dress), the amendment proposed might be seen as providing a
positive message as well as some increase in legal clarity.
32
See Table 2 above.
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