BRIEFING PAPER: ANTI-TERRORISM LEGISLATION IN NAMIBIA

‘

(iii)
		
		
(iv)
		
(v)
		
(vi)
		
		
		
(vii)
		
(viii)
		
(ix)
		
(x)
		
(xi)
		
(xii)
		
(xiii)
		

There is no
academic or legal
consensus on the
exact definition of
terrorism or terrorist
activities.

’

(c)

the Convention on the Prevention and Punishment of Crimes
against Internationally Protected Persons, including Diplomatic
Agents (1973);
the International Convention against the Taking of Hostages
(1979);
the Convention on the Physical Protection of Nuclear Material
(1980);
the Protocol for the Suppression of Unlawful Acts of Violence
at Airports Serving International Civil Aviation, supplementary to
the Convention for the Suppression of Unlawful Acts against the
Safety of Civil Aviation (1988);
Convention for the Suppression of Unlawful Acts against the
Safety of Maritime Navigation (2005);
Protocol for the Suppression of Unlawful Acts against the Safety
of Fixed Platforms located on the Continental Shelf (2005);
International Convention for the Suppression of Terrorist
Bombings (1997); and
International Convention for the Suppression of the Financing of
Terrorism (1999);
International Convention for the Suppression of Acts of Nuclear
Terrorism (2005);
Convention on the Suppression of Unlawful Acts relating to
International Civil Aviation (2010); and
Protocol Supplementary on the Convention for the Suppression
of Unlawful Seizure of Aircraft (2010);

any promotion, sponsoring, contribution to, command, aid, incitement,
encouragement, attempt, threat, conspiracy, organising, or
procurement of any person, with the intent to commit any act referred
to in paragraph (a) or (b);

(d) any other act intended to cause death or serious bodily injury to a
civilian, or to any other person not taking an active part in the hostilities
in a situation of armed conflict, when the purpose of such act, by its
nature or context, is to intimidate a population, or to compel a
government or an international organisation to do or to abstain from
doing any act; or
(e) the payment of ransom to designated persons or organisations, except
where such payment is approved or authorised by any government to
secure the safety of a national of that country;
There is no academic or legal consensus on the exact definition of terrorism or
terrorist activities. Terrorism expert Walter Laqueur had counted over 100 definitions
of terrorism. Laqueur concluded that the “only general characteristic generally
agreed upon is that terrorism involves violence and the threat of violence”.6
Definitions of terrorism have become more complex over time (compare the 44-word
definition in Namibia’s Defence Act of 2002 with the 500-word definition of terrorist
activity in the 2014 Prevention and Combating of Terrorist and Proliferation Activities
Act). As definitions have lengthened, more ambiguities have been introduced. This is
6

Walter Laqueur, The New Terrorism: Fanaticism and the Arms of Mass Destruction, New York: Oxford
University Press, 1999, p. 6.

PAGE 6

Select target paragraph3