Tuesday, June 9, 2015
Sudha Setty (Western New England University School of Law) has posted Assessing Unconventional Applications of the 'Terrorism' Label (Forthcoming in The War on Terror & Beyond: Moving from Military Action to Civil Rights, Satvinder Juss and Clive Walker, eds. (Univ. of Penn. Press, 2015)) on SSRN. Here is the abstract:
This book chapter explores some non-conventional applications of the label of “terrorism” and considers calls for continued expansion of the definition of terrorism to encompass crimes that have not traditionally been considered terrorism.
Part one briefly lays out the working definition of terrorism on an international level, and the gray areas in which individual nations make their own determinations as to what constitutes terrorism and, on the other hand, what is often considered ordinary crime.
Some have called on governments to continue to broaden the reach of counterterrorism law to reach other issues, such as sex trafficking or some hate crimes. The Author concludes that most such efforts are founded in a well-placed sympathy for the victims of crimes, and some are backed by powerful groups with political influence. However, because in many democratic nations terrorism is granted unique legal treatment as an area in which expansive government power with lessened oversight and protection for individual rights is considered acceptable, importing such standards into other contexts is inviting a distortion of the traditional limits on governmental power and would allow for increases in government abuse and overreach.