A primer on "terrorism" in United Kingdom Law: Section 1 of the Terrorism Act 2000

 In this post I will try to set out in simple terms what "terrorism" is in United Kingdom Law.

One purpose in doing so is to set out the framework in which questions should be considered about the actions of "the State of Israel" and/or "the Israel Defence Forces" in Palestine, particularly in Gaza, since 7th October 2023.

The definition of "terrorism" in UK Law is set out in Section 1 of the Terrorism Act 2000.

You can check the original text at this link:

Section 1 of the Terrorism Act 2000

For convenience, I'm pasting below the text of Section 1 as it exists at that link on 7th April 2024.

1 Terrorism: interpretation.

(1) In this Act “terrorism” means the use or threat of action where—

(a) the action falls within subsection (2),

(b) the use or threat is designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public, and

(c) the use or threat is made for the purpose of advancing a political, religious, racial or ideological cause.

(2) Action falls within this subsection if it—

(a) involves serious violence against a person,

(b) involves serious damage to property,

(c) endangers a person’s life, other than that of the person committing the action,

(d) creates a serious risk to the health or safety of the public or a section of the public, or

(e) is designed seriously to interfere with or seriously to disrupt an electronic system.

(3) The use or threat of action falling within subsection (2) which involves the use of firearms or explosives is terrorism whether or not subsection (1)(b) is satisfied.

(4) In this section—

(a) “action” includes action outside the United Kingdom,

(b) a reference to any person or to property is a reference to any person, or to property, wherever situated,

(c) a reference to the public includes a reference to the public of a country other than the United Kingdom, and

(d) “the government” means the government of the United Kingdom, of a Part of the United Kingdom or of a country other than the United Kingdom.

(5) In this Act a reference to action taken for the purposes of terrorism includes a reference to action taken for the benefit of a proscribed organisation.

In many circumstances three criteria need to be satisfied in order for "terrorism" (in the meaning of Section 1 of the Terrorism Act 2000) to exist.

Those three criteria are set out in Subsection (1) in the following terms:

(1) In this Act “terrorism” means the use or threat of action where—

(a) the action falls within subsection (2),

(b) the use or threat is designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public, and

(c) the use or threat is made for the purpose of advancing a political, religious, racial or ideological cause.

In some circumstances, specifically when firearms and/or explosives are used only two criteria need to be established.

Subsection (3) makes that clear:

(3) The use or threat of action falling within subsection (2) which involves the use of firearms or explosives is terrorism whether or not subsection (1)(b) is satisfied.

The effect of Subsection (3) is that where firearms and/or explosives are used only two criteria need to be satisfied, those in Subsection (1)(a) and Subsection (1)(c).

The first criterion is stated in Subsection (1)(a) in the following terms:

(1) In this Act “terrorism” means the use or threat of action where—

(a) the action falls within subsection (2),

To determine whether or not an action falls within Subsection (2) we need to look at what Subsection (2) says:

(2) Action falls within this subsection if it—

(a) involves serious violence against a person,

(b) involves serious damage to property,

(c) endangers a person’s life, other than that of the person committing the action,

(d) creates a serious risk to the health or safety of the public or a section of the public, or

(e) is designed seriously to interfere with or seriously to disrupt an electronic system.

Notice the word "or" in (d) above.

An action falls within Subsection (2) if ANY of the five stated criteria are satisfied.

With respect to the actions of "the State of Israel" and/or "the Israel Defence Forces" in Gaza since 7th October 2023 do they involve "serious violence against a person"? The answer must be Yes!

With respect to the actions of "the State of Israel" and/or "the Israel Defence Forces" in Gaza since 7th October 2023 do they involve "serious damage to property"? The answer must be Yes!

With respect to the actions of "the State of Israel" and/or "the Israel Defence Forces" in Gaza since 7th October 2023 do they involve the creation of "a serious risk to the health and safety of the public or a section of the public"? The answer must be Yes!

You may find it suprising that the public in Gaza are covered.

Subsection (4)(c) states the following:

(c) a reference to the public includes a reference to the public of a country other than the United Kingdom,

In other words, an action falls within Subsection (2) if it "creates a serious risk to the health and safety of the public or a section of the public" in Gaza!

The actions of "the State of Israel" and/or "the Israel Defence Forces" in Gaza since 7th October 2023 "fall within Subsection (2)" since those actions "involve serious violence against a person", "involve serious damage to property" and "create a serious risk to the health and safety of the public or a section of the public [of Gaza]".

The criterion set out in Subsection (1)(a) is satisfied.

The second criterion which we must examine is that set out in Subsection (1)(c):

(c) the use or threat is made for the purpose of advancing a political, religious, racial or ideological cause.

It seems to me that there are multiple reasons to attribute the actions of "the State of Israel" and/or "the Israel Defence Forces" to a "political cause" or an "ideological cause".

One example is the political objective of "destroying Hamas".

Another example is the political and/or ideological objective of achieving the security of Israel.

I conclude that the criterion set out in Subsection (1)(c) is satisfied.

As stated earlier, for "terrorism" to exist (in the meaning of Section 1 of the Terrorism Act 2000) when firearms and/or explosives are used it is necessary to satisfy only the criteria set out in Subsection (1)(a) and Subsection (1)(c) of Section 1.

As briefly demonstrated above both those criteria are satisfied.

I conclude that the actions of "the State of Israel" and/or "the Israel Defence Forces" in Gaza since 7th October 2023 are "terrorism" in the meaning of Section 1 of the Terrorism Act 2000.