Applying Just War Theory as a Framework to Assess the Moral Legitimacy of Australia'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 counterterrorism 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.