If Australian anti-terror laws are to be considered principled and fair, they must apply equally to all organisations that meet the criteria, including state military forces where appropriate.

The criteria for designating terrorist organisations in Australia are rooted in clear legal definitions, covering both legislative and non-legislative factors. To be classified as a terrorist organisation under section 102.1 of the Criminal Code, an entity must be involved in, or support, the planning, preparation, or execution of terrorist acts. When an organisation like Lebanon-based political and militant group Hezbollah is proscribed, it logically follows that the same standards should apply to all groups, including state actors, if they meet the criteria.

The recent actions of Israel and the Israeli Defence Forces (IDF) raise pressing questions about the consistent application of Australia’s anti-terror laws. Two significant incidents this year, which could be considered acts of terrorism under Australian and international humanitarian law, underscore this need.

Terror Attack 1 – The killing of Zomi Frankcom

On 1 April 2024, Australian aid worker Zomi Frankcom was killed in Gaza by an IDF airstrike while delivering food aid with the World Central Kitchen (WCK). The attack targeted clearly marked WCK vehicles, with logos visibly displayed on their roofs, and the IDF was reportedly well aware of WCK’s movements. Frankcom’s death prompted a strong response from Australian officials, with........

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