United States
The United States of America has a highly elaborate series of counterterrorism provisions in its domestic federal law. The death penalty is the maximum sentence for the commission of terrorist offences. At the time of writing, many of the planners of the 9/11 attacks held at the dedicated military facility in Guantanamo Bay had not yet been tried. the charges against certain defendants included terrorism as a war crime.
The Definition of Terrorism in Domestic Law
There are multiple definitions of terrorism under domestic law in the United States.
Section 802 of the 2001 USA PATRIOT Act added the offence of domestic terrorism which is defined as an act dangerous to human life that is a violation of the criminal laws at state or federal level in the United States, if the act appears to be intended to:
(i) intimidate or coerce a civilian population;
(ii) influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by mass destruction, assassination or kidnapping. The acts must occur primarily within the territorial jurisdiction of the United States.
The United States Code defines “international terrorism” as activities that—
(A) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State;
(B) 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 mass destruction, assassination, or kidnapping; and
(C) occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum.US Code, Title 18, S. 2331.
Adherence to Global and Regional Terrorism Treaties
The United States is a State Party to all of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
The United States is also a State Party to the main regional treaty on terrorism.
| Treaty | Adherence |
|---|---|
| 2002 Inter-American Convention against Terrorism | State Party |
Laws and Penalties for Terrorist Offences
The death penalty is imposable for many terrorist offences under the US Criminal Code. Material support to terrorists, which is very broadly defined to include the teaching of international humanitarian law to a proscribed group, is punishable under the US Code by 15 years imprisonment or, if the death of any person results, for any term of years or for life.US Code, Title 18, Section 2339A(a).Those indicted in connection with the 9/11 terror attacks are charged with terrorism as a war crime.
Counterterrorism Capacities and Policies at Domestic Level
The United States has the world's largest and most sophisticated counterterrorism programme. There are specialist coounterterrorism units in both its federal police and the armed forces.
Glossary
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