The dangers of calling terrorism what terrorism is not

The dangers of calling terrorism what terrorism is not

Abstract

This contribution explores the growing reliance on anticipatory and catch-all criminal provisions in European counter-terrorism strategies, with a focus on the Italian experience and its broader implications for the rule of law and fundamental rights. Policymakers have increasingly shifted the focus of criminalisation upstream, targeting preparatory behaviours that may not be inherently harmful—such as browsing websites or expressing opinions—on the basis of their perceived proximity to terrorism. Drawing parallels with Italy’s long-standing approach to organised crime, the article critiques the overextension of definitions, such as the widespread application of mafia-type aggravating circumstances, and highlights the dangers of vague legal labelling. Through the insights of Salvatore Calleri, President of the Caponnetto Foundation, the piece argues that conceptual imprecision—labeling what is not terrorism or mafia as such—undermines effective enforcement and feeds radicalisation by fostering perceptions of injustice. Despite Italy’s procedural strengths, such as the independence of the public prosecutor and robust investigative frameworks derived from its fight against organised crime, the spread of overbroad incriminations across Europe threatens fundamental freedoms, due process, and legal certainty. This paper calls for restraint and clarity in defining terrorism-related offences and underscores the importance of proportionality, as outlined in Article 15 of Directive 2017/541. Ultimately, it warns that misuse of criminal law in the name of security risks eroding the very democratic values it purports to defend.

December, 22 2020.
Judicial Cooperation

Authors

David Oddone

Journalist

David Oddone is a professional journalist. He is the UN journalist for the Republic of San Marino and collaborates with UNRIC (United Nations Regional Information Center) for the diffusion of news of a high social nature and public interest. He holds a Bachelor’s Degree in Communication Sciences and a Master’s degree on the phenomenon of bullying. Over the years, he won numerous national Antimafia awards. The most important are Borsellino Award; Piersanti Mattarella Award; Conselice Award for Press Freedom; Antimafia Award of the Ravenna sugar factory. He has published several books including “Mafie a San Marino” reviewed by the most important Italian national newspapers including Corriere della Sera and Sole 24 Ore and “Io non taccio”, for Centoautori, on threatened journalism, which won the Mattarella prize and the Borsellino prize. He frequently holds conferences and participates in conferences on the subject of legality and anti-mafia. For years he has collaborated with the schools of Riccione, Fano and Bologna, teaching students elements of journalism and legality. He also participated in important TV broadcasts such as Exit on La7 and radio broadcasts on local and national networks analysing the theme of legality and Anti-Mafia.

Achille Campagna

Lawyer

Achille Campagna is Senior Legal Researcher at Agenfor International. He is a Lawyer, specialised in complex cases concerning money laundering, corruption, public officers’ crimes, miscarriage of justice, racketeering and organised crime, with a focus on MLA cross-border justice, e-evidence/ICT-related matters, translations. Additionally, he leads-advises-litigates in cases for several domestic and international jurisdictions.