II.

What is Terrorism?

The word terrorism was first used in France to describe a new system of government adopted during the French Revolution (1789-1799). The regime de la terreur (Reign of Terror) was intended to promote democracy and popular rule by ridding the revolution of its enemies and thereby purifying it. However, the oppression and violent excesses of the terreur transformed it into a feared instrument of the state. From that time on, terrorism has had a decidedly negative connotation. The word, however, did not gain wider popularity until the late 19th century when it was adopted by a group of Russian revolutionaries to describe their violent struggle against tsarist rule. Terrorism then assumed the more familiar antigovernment associations it has today.

A.

Terrorism as a Political Act

Terrorism is by nature political because it involves the acquisition and use of power for the purpose of forcing others to submit, or agree, to terrorist demands. A terrorist attack, by generating publicity and focusing attention on the organization behind the attack, is designed to create this power. It also fosters an environment of fear and intimidation that the terrorists can manipulate. As a result terrorism’s success is best measured by its ability to attract attention to the terrorists and their cause and by the psychological impact it exerts over a nation and its citizenry. It differs in this respect from conventional warfare, where success is measured by the amount of military assets destroyed, the amount of territory seized, and the number of enemy dead.

Terrorists typically attempt to justify their use of violence by arguing that they have been excluded from, or frustrated by, the accepted processes of bringing about political change. They maintain that terrorism is the only option available to them, although their choice is a reluctant—even a regrettable—one. Whether someone agrees with this argument or not often depends on whether the person sympathizes with the terrorists’ cause or with the victims of the terrorist attack. The aphorism “One man’s terrorist is another man’s freedom fighter” underscores how use of the label terrorism can be highly subjective depending upon one’s sympathies.

At the same time terrorist acts—including murder, kidnapping, bombing, and arson—have long been defined in both national and international law as crimes. Even in time of war, violence deliberately directed against innocent civilians is considered a crime. Similarly, violence that spreads beyond an acknowledged geographical theater of war to violate the territory of neutral or noncombatant states is also deemed a war crime.

B.

Government Definitions of Terrorism

Legal statutes in most countries around the world regard terrorism as a crime. Yet there is considerable variation in how these laws define terrorism, even in countries whose laws derive from a common origin.

In the United Kingdom, for example, legislation titled Terrorist Act 2000 states that terrorism is “the use or threat of action . . . designed to influence the government or to intimidate the public or a section of the public . . . for the purpose of advancing a political, religious or ideological cause.” The legal system and code of law of the United Kingdom has influenced those of the United States, Canada, and Israel.

United States federal statute defines terrorism as “violent acts or acts dangerous to human life that . . . appear to be intended (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by assassination or kidnapping.” This definition appears in United States Code, Title 18, Section 2331 (18 USC 2331).

Canada’s Anti-terrorism Act (Bill C-36) designates “terrorist activity” as “an act or omission . . . that is committed in whole or in part for a political, religious or ideological purpose, objective or cause and in whole or in part with the intention of intimidating the public, or a segment of the public, with regard to its security, including its economic security, or compelling a person, a government or a domestic or an international organization to do or to refrain from doing any act, whether the person, government or organization is inside or outside Canada . . . .”

Israeli law does not address terrorism specifically. But in the Prevention of Terrorism Ordinance No. 33, it defines a terrorist organization as “a body of persons resorting in its activities to acts of violence calculated to cause death or injury to a person or to threats of such acts of violence.”