Part Four – Reports from Two Theatres of War: Legislation, Sanctions and Prosecutions in Europe and Australia

Table of Contents

Chapter 11. The European Union as a Collective Actor in the Fight against Post-9/11 Terrorism

Introduction

The European Union’s Response: an Evolving Threat Definition and Multidimensional Action

The Evolution of the Threat Definition: ‘Internalisation’ and Differentiation

The Terrorist Threat as a Multidimensional Law Enforcement Challenge

The Combination of Legislative and Operational Measures

The Combination of Internal and External Measures

The Combination of Repressive and Preventative Measures

The Strengthening of European Union Institutional Capacity

The Limitations of and Problems with the European Union’s Response

A Response Based on Cooperation Rather than Integration

The Implementation Deficit

The Legitimacy Deficit and Fundamental Rights Protection Issues

Conclusion

Chapter 12. The European Union, Counter‑Terrorism Sanctions against Individuals and Human Rights Protection

I. Introduction

II. Enforcing United Nations Counter-Terrorism Sanctions in the European Community/European Union System

III. Challenging the European Union Sanctions before the Court of First Instance/European Court of Justice

A. The Court’s Jurisdiction, the Primacy of the United Nations Legal Order and the Role of Jus Cogens in the Protection of Human Rights

B. Assessing the Alleged Human Rights Violations: Inconsistencies in the Jus Cogens Test

C. A ‘Right’ to Diplomatic Protection under European Union Law and its Enforcement

D. New Developments for European Community/European Union Sanctions Adopted Pursuant to Security Council Resolution 1373 (2001)

IV. Concluding Remarks

Chapter 13. How Does it End? Reflections on Completed Prosecutions under Australia’s Anti‑Terrorism Legislation

Introduction

I. Brief Overview of Part 5.3

A. Terrorist Act Offences

B. Definition of Terrorist Act

C. Terrorist Organisation Offences

D. Definition of Terrorist Organisation

E. Financing Terrorism Offences

II. The Cases of Zak Mallah, Jack Thomas and Faheem Lodhi

A. Zak Mallah

B. Jack Thomas

C. Faheem Lodhi

III. Conclusion

Chapter 14. Executive Proscription of Terrorist Organisations in Australia

Introduction

I. Executive Proscription: Background to the Legislation

II. Listing Terrorist Organisations

A. Concept of a ‘Terrorist Act’

B. Criteria for Listing a Terrorist Organisation

C. What is an ‘Organisation’?

D. Listing Procedure

E. Terrorist Organisation Offences

III. The Listing Provisions in Action

A. Listed Organisations

B. Reviews of the Parliamentary Joint Committee on Intelligence and Security

IV. The Impact of the Listing Provisions

A. Enforcement

B. Refugee and Immigration Law

C. Putting Australia’s Criminal Laws at the Disposal of Foreign Governments

V. Crime and Politics: the Antimonies of Executive Proscription

VI. Conclusion