Straffansvar for terrorisme

En strafferettslig analyse av terrorforsettet, medvirkningsansvaret og avtaleansvaret etter straffeloven § 147 a

av Knut-Fredrik Hustad

Terrorism constitutes one of the most serious threats to modern society. Both globally and on a national level, governments have taken legal measures � including the use of punishment � to fight this problem. In 2002, the Norwegian Parliament adopted section 147 a in the Norwegian Penal Code in order to comply with the obligations of the United Nations Convention concerning prohibition of the financing of terrorism, as well as the United Nations Security Council Resolution 1373. This thesis contains both de lege ferenda discussions on whether section 147 a might constitute a challenge to the values or principles that are important in a liberal legal culture, and de lege lata examinations of the scope of the criminal liability related to this provision.

It is not easy to give a definition of terrorism upon which everyone can agree. The Norwegian authorities have resolved this issue of demarcation by providing an exhaustive list of acts that must be committed with specific intent (�terrorforsett�). In other words, it is the perpetrator�s intent concerning the result or consequences of the act that is of vital importance in determining whether the perpetrator is liable to punishment for terrorism or not. This thesis discusses to what extent principles in a modern and humane punitive system, associated with the rule of law, may be challenged by this approach to defining the liability to punishment for terrorism. Additionally, an analysis of the substantive content of the terrorist�s intent is provided. Furthermore, this thesis aims to examine to what extent the people who have been inciting or participating in activities related to terrorism, or have been planning to commit a terrorist act, can be liable to punishment pursuant to section 147 a.