ABSTRACT

From a purely formal standpoint, the response of the United Nations to the terrible events of 11 September 2001 constituted a triumph for transnational governance. The UN Security Council took unprecedented action following the terrorist attacks, seemingly demonstrating its capacity to act decisively as the global instrument for collective action. Governments of all kinds have utilised the UN resolutions, and exploited their lack of any definition of terrorism, to introduce far-reaching legislation and other measures that can be used to criminalise certain political activities and the expression of dissenting ideas. All legal definitions of terrorism exclude what has been termed state terrorism', that is, acts of violence or intimidation organised, supported, or sanctioned by governments or government agencies. These may include wars of aggression, military interventions, coups, assassinations, renditions and torture. In Australia, legislation has been introduced to substantially increase the surveillance, detention and proscription powers of the government and its security and intelligence agencies.