The Dilemma of Balancing Security and Liberty in Lebanese Counter-Terrorism Legislation: A Comparative Constitutional Reading

Abstract

International terrorism is manifested in any serious act of violence, or threat thereof, committed by an individual, whether acting alone or in concert with others, and directed against persons, organizations, or places, with the aim of undermining friendly relations between states or coercing them into making various concessions. Nevertheless, it appears evident that powerful states are reluctant to embrace an impartial definition of transnational terrorism, leaving the term as a political label employed selectively to characterize undesirable acts carried out by their adversaries on the international stage. Against this background, this study examines the dilemma of striking a balance between security and liberty within Lebanese counter-terrorism legislation through a comparative constitutional analysis. It concludes that the Lebanese legislature has focused primarily on the security and financial dimensions of the phenomenon through Law No. 44/2015, with the aim of ensuring compliance with the standards and requirements of the Financial Action Task Force (FATF). At the same time, it has retained Law No. 19/1958, which is characterized by ambiguity and the absence of a precise definition of a terrorist act. This has resulted in security considerations being given precedence over constitutional safeguards. Accordingly, the study recommends the enactment of a comprehensive and unified law containing a clear definition of terrorism and subjecting exceptional measures to prior judicial review, with a view to restoring the balance between the requirements of protecting societal security and safeguarding the fundamental freedoms guaranteed by the Lebanese Constitution.