TERRORISMIs “Fake” Terrorism Still Terrorism? Here’s What the Sydney Caravan Incident Tells Us
The recent discovery of a caravan full of explosives in Dural, in Sydney’s northwest, caused significant fear about the possibility of a mass casualty attack. The Australian Federal Police declared it and 14 antisemitic attacks a “con job” by organized criminals who were trying to distract police or use it as a bargaining chip to influence prosecutions. Can “fake” terrorism still be terrorism, especially if it causes significant fear?
The recent discovery of a caravan full of explosives in Dural, in Sydney’s northwest, caused significant fear about the possibility of a mass casualty attack.
On Monday, the Australian Federal Police declared it and 14 antisemitic attacks a “con job” by organized criminals who were trying to distract police or use it as a bargaining chip to influence prosecutions.
Following dawn raids, more than 140 charges have been laid, including for arson, possessing prohibited weapons, and destroying property – but not terrorism.
On radio, New South Wales Premier Chris Minns said the acts had “unleashed terror” that was very real for the Jewish community, despite revelations about the true motive.
Minns did not say the explosives and attacks would qualify legally as terrorism, but his comments raise an important question: can “fake” terrorism still be terrorism, especially if it causes significant fear?
Terrorism Requires a Political, Religious or Ideological Cause
Australia’s legal definition of terrorism is found in the federal Criminal Code. It triggers many offences and it targets both conduct and threats – but these must all be done for the purpose of advancing a “political, religious or ideological cause”.
This motive requirement is the main element that distinguishes terrorism from crimes such as murder, assault and property damage.
It is the major barrier to prosecuting these acts as terrorism. The apparent motive was to benefit organized crime interests. It cannot be terrorism if it was not intended to advance a political, religious or ideological cause.
There is another requirement that terrorism be designed to intimidate part of the community (or a government), but this is additional to the motive requirement, and both need to be proven. If any single element in a prosecution fails, the defendant will be found not guilty.
This does not lessen the significant impacts on the Jewish community. It just explains why terrorism charges have not been laid.
What About Hoax Terrorism?
In addition to the main terrorism offences, there are offences for hoax terrorist acts. These were created in 2002 as part of Australia’s first legal responses to terrorism.
They were prompted by anthrax attacks and scares in the United States after the September 11 2001 attacks.
