Analyzing Definition of Terrorism as Contained in Anti-Terrorism Act, 1997 in Perspective of Principle of Legality with Emphasis on Element of Intention and Issues Ancillary to it

Abstract

The very first thing to do for countering terrorism is to define it. However, the word terrorism has been proven too tricky to be defined, in an acceptable mannerat global level, and in accordance with the established requirements of criminal jurisprudence at national level. The paper after pointing out the absence of a globally accepted definition of terrorism analyses its definition as contained in Pakistani law. It argues that terrorism as defined in Pakistani law is too broad and too ambiguous to fulfill the requirements of principle of legality, thus, giving wide discretionary powers to government to determine as to what is terrorism which, in turn, not only renders the anti-terrorism law prone to be misused but also over burdens the law courtsand makes hurdles for successful prosecution.