Legal responses to international terrorism : current framework under Maltese law.

Abstract

The present work assesses the adequacy of the Maltese legal framework in combating international terrorism, and identifies any lacunae which need to be addressed. Legislation is analyzed in light of international and regional legal measures. The dissertation first deals with the criminalisation of terrorist acts under Maltese law. Presently, municipal law neither defines 'terrorism' nor 'terrorist acts' and terrorist acts are punished as ordinary offences irrelevant of the perpetrators' motivations. A brief chronological study of local anti-terrorism legislation is carried out together with a discussion on its inadequacies and the issue of why it is required to expressly criminalise terrorist attacks. The Criminal Code (Amendment) Bill currently in the Parliamentary Committee Stage addresses most of these issues. The Bill will introduce a definition of terrorism, and expressly criminalize acts of terrorism and terrorist financing. A number of recommendations made as a result of this work, have been taken up by the legislators and the Bill was amended accordingly. The work analyzes the legal measures intended to suppress terrorist financing and discusses the problems that arise when applying anti-money laundering legislation and the innovations brought about by the Bill. Domestic legislation is inadequate in criminalizing the funding of terrorism since it relies on the institutes of complicity and conspiracy. Next, the Criminal Code articles intended to indirectly suppress the recruitment of members to terrorist organisations are evaluated. The changes proposed by the Bill will directly prohibit such conduct but fall short in criminalizing membership in such groups. Laws regulating acquisition and possession of firearms, their exportation, and the controls on arms brokering are discussed. Furthermore the domestic laws prohibiting the manufacture and unlawful possession of WMDs are analysed. The work then deals with the topic of the security of international air and sea transport. The laws protecting such transport are those most likely to be invoked by our courts since Malta has been an unwilling host to various hijackings in the last two decades. Attacks against persons warranting international protection, and the practice of hostage taking by terrorist are discussed. It emerges that domestic legislation against such conduct, is inadequate. Finally, the immigration system, controls on the issuance of identity cards and travel documents and measures preventing their falsification are discussed.