The Austin Plane Crash: Crime or Terrorism?

Last week’s shocking site of a commercial office building in Austin, Texas engulfed in flames and thick black smoke, after having a small plane intentionally slam into it, provided a chilling reminder of the 9/11 attacks. Given the similarities between 9/11 and what happened in Austin, this most recent incident has caused many to ask if the crash was an act of terrorism or a crime. The White House has taken a wait-and-see approach depending on the outcome of the investigation, while the chief of police in Austin has called it a crime and not an act of terrorism.

The debate over crime versus terrorism misses the larger point and distinguishing factor between September 11, 2001 and Austin, Texas, February 18, 2010. The attack in Austin that killed one, in addition to the attacker, appears to be an act of terrorism. However, unlike the 9/11 attacks, the incident in Austin was likely not an act of war or war crime signaling a strategic threat to U.S. security at home and abroad. While all terrorism is a crime, every crime is not act of terrorism, nor is every act of terrorism an act of war or war crime, just as every act of war is not an act of terrorism.

Federal law defines an act of war, in part, as “armed conflict between military forces of any origin” and the term "domestic terrorism" as activities that occur primarily inside the U.S. that involve “acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, appear to be intended to influence the policy of a government by intimidation or coercion; or to affect the conduct of a government by mass destruction.” Federal law goes on to define war crime as any number of acts committed during armed conflict including, murder, rape, mutilation, as well as, through incorporation of elements of the Hague Convention, “the attack or bombardment, by whatever means, of towns, villages, dwellings, or buildings which are undefended.”

The 9/11 attack was clearly a war crime, which followed a declaration of war from al-Qaeda and resulted in the U.S. engaging al-Qaeda and its affiliates in a global armed conflict. The flying of commercial aircraft into buildings on 9/11 caused NATO to invoke Article 5 of the North Atlantic Treaty, which states that an attack against one is an attack against all. The former Soviet Union never achieved such an outcome in 50 years of the Cold War. The nature of al-Qaeda’s attacks, by non-uniformed combatants against civilian and military targets, doesn’t make our fight any less of a war, but instead demonstrates our enemy’s consistent violation of the laws of war.

Joseph Stack, the man who is alleged to have flown his plane into the Austin building, and who burned his own home prior to doing so, appears motivated by several factors, including a deep hatred of the IRS. The Austin Statesman newspaper has posted what it believes to be Stack’s suicide note from the internet in which he rails against the IRS, Catholic Church, major corporations, capitalism, bailouts, unions, the American people, and manages to praise communism in his closing. As for his intent, the following passage best summarizes it:

"I know there have been countless before me and there are sure to be as many after. But I also know that by not adding my body to the count, I insure nothing will change. I would only hope that by striking a nerve that stimulates the inevitable double standard, knee-jerk government reaction that results in more stupid draconian restrictions people wake up and begin to see the pompous political thugs and their mindless minions for what they are. Sadly, though I spent my entire life trying to believe it wasn’t so, but violence not only is the answer, it is the only answer."

The above passage would seem to fit with a domestic criminal act “intended to influence the policy of a government by intimidation or coercion; or to affect the conduct of a government by mass destruction” as set forth in the definition of domestic terrorism. The fact that Stack’s attack is unlikely to actually affect the conduct of the government does not diminish his intent to do so. Of course, it’s possible the internet posting is a fraud and Stack is simply a mentally deranged individual who flew his plane into a building.

At most, our reaction to the Austin event may involve greater scrutiny of general aviation and small aircraft in particular, which has long been the soft underbelly of aviation security. It will almost surely not involve the use of military force against any foreign entity or an invocation of the Insurrection Act here at home. Stack appears to be a true lone wolf terrorist. His conduct, while depraved, does not directly impact the national security of the United States.

Terrorism can come in many forms. What primarily separates general crime from terrorism is the intent of the actor. What often separates or in certain cases escalates an act of terrorism to a war crime is the nature of the attacker, and the target and impact of the attack, along with the response thereto. Unfortunately, there is no universally recognized set of definitions for most of these terms. Nonetheless, the attack in Austin was clearly a crime and probably an act of domestic terror as well. Unlike 9/11, that is as far as it likely goes.