Does the definition of suspected international terrorist satisfy the requirements of the principle of legal certainty?
41. When we examined the Bill in November and December 2001, we were worried that the definition of ‘suspected international terrorist’ was insufficiently precise to meet the standards of the principle of legal certainty. We were particularly concerned about the provision treating as an international terrorist anyone who had links with an international terrorist or an international terrorist group.[26] There was a risk that the notion of ‘links’ would be insufficiently precise to avoid arbitrariness, and so would have made it impossible to satisfy the requirement, under ECHR Article 5.1, that a detention be ‘lawful’ and ‘in accordance with a procedure prescribed by law’.[27] The Government decided not to remove the reference to ‘links’, but agreed to introduce amendments to restrict the class of international terrorists to those who have links with international terrorist groups (rather than individual terrorists), and to define ‘links’ as consisting of support of or assistance to an i
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