5.5
Does the Israeli Government Commit Terrorism?
https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Completed_Inquiries/pjcis/securityleg/report/chapter5
Definition of terrorism in Australian lawTerrorism in Commonwealth law is defined as an act or threat that is intended to:
- advance a political, ideological or religious cause; and- TICK
- coerce or intimidate an Australian or foreign government or the public (or section of the public ), including foreign public. TICK
- The conduct falls within the definition if it:
- causes serious physical harm to a person or serious damage to property;TICK
- causes death or endangers a persons life;TICK
- creates a serious risk to the health and safety to the public (or section of the public), orTICK
- seriously interferes, disrupts or destroys:
an electronic information, telecommunications or financial system; or an electronic system used for the delivery of essential government services, used for or by an essential public utility, or transport system. TICKan electronic information, telecommunications or financial system; or
an electronic system used for the delivery of essential government services, used for or by an essential public utility, or transport system.
- 5.45
The law of armed conflict prohibits all acts aimed at spreading terror among the civilian population,50 and specifically prohibits ‘measures of terrorism’ and ‘acts of terrorism,’51 and treats this conduct as a war crime. ICRC identify the following breaches of the law of armed conflict as terrorist offences: attacks on civilians and civilian objects;52 indiscriminate attacks,53 attacks on places of worship,54 attacks on works and installations containing dangerous forces,55 the taking of hostages,56 and murder of persons no longer taking part in hostilities.57 TICK
- 5.46
The purpose of these prohibitions is to reinforce the ‘principle of distinction’, that is, while attacks on the military and military installations are legitimate if it is to achieve a military objective, targeting civilians and acts which place civilians in excessive danger violate the laws of war. TICKan electronic information, telecommunications or financial system; or
an electronic system used for the delivery of essential government services, used for or by an essential public utility, or transport system.
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