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Terrorism, Risk, and Legislation
Security Act of 2001 has been repealed by the Prevention of Terrorism Act
2005 which introduced control orders allow to place restrictions on
suspected terrorists.
Guidelines Set Through International and European Policies
Legislation that follows 9/11 emerges along several lines that in principle
are not new but have been initiated around the mid 80’s. These lines are
drawn by various United Nations conventions, regional conventions,
moreover in treaties and decisions within the framework of the European
Union and the OECD. These lines deal with control of transnational
organised crime, money laundering as well as illegal immigration. Antiterrorist
legislation then clearly is an expression of those security council
resolutions that have been set into force after September 11 th (in particular
Resolution 1373). However, besides these international and supranational
developments it should be noted that specific trends emerge in national
jurisdictions. Anti-terrorism legislation develops in virtually all world
regions: in Great Britain the violent conflict in Northern Ireland (Sarma,
2005) has been the trigger for a series of laws on terrorism, in Spain ETA
related violence in the Basque Country explain such legislation, Italy has
dealt from the 1970’s on with right wing and left wing extremism as well as
with the Mafia, series of terrorist acts in France that reach back to the
Algerian War of Independence have provoked legislation (see also law of
September 9 th , 1986), in India violent conflicts in Kashmir (Singh Jafa,
2005) have led to special legislation (Prevention of Terrorism Ordinance of
October 14 th , 2001 as well as precursor legislation), in Russia it was the
conflicts in Chechenia that triggered a special anti-terrorism law (Federation
Law n°130-FZ as of 25.7.1998). Canada had to cope with secessionist
violence in Quebec (Leman-Langlois/Brodeur, 2005) and Sri Lanka has
gone through a long period of violence involving the Tamil secessionist
movement (van de Voorde, 2005). In Germany corresponding legislation
has been initiated through terrorist activities of the RAF and successor
organizations in the 1970’s (Berlit/Dreier, 1986). At the beginning of the
1990’s in Turkey a law went into force that aims at the Kurdish PKK (Law
on Control of Terrorism, n° 3713 as of 12. 4. 1991). In the United States of
America, the bombing in Oklahoma City in April 1996 has been responded
to by drafting and setting in force the Anti-Terrorism and Effective Death
Penalty Act of 1996.
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