Applying Just War Theory as a Framework to Assess the Moral Legitimacy of Australiaa's Counter-Terrorism Laws

Abstract

This paper adapts just war theory into a framework for assessing the morality of states’ legislative responses to their international obligations to counter terrorism. The jus ad bellum principle is adapted to provide for its application as a framework to assess the moral legitimacy of counter-terrorism laws. The framework is then applied as a practical tool to assess the moral legitimacy of Australia’s counter-terrorism laws. It is proposed that the framework could aid discussion and debate of the moral legitimacy of Australia’s counter-terrorism laws, by providing a clearly defined set of standards for assessing the laws in a way that considers all relevant criteria. It is also proposed that the framework could be used to inform decision-making in the development and application of Australia’s counter-terrorism laws. It is concluded that the framework could also be applied to assess the moral legitimacy of other states’ legislative responses to counter terrorism, by evaluating the extent to which their laws are consistent with the adapted just war theory criteria.