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The increasing prevalence of terrorist attacks perpetrated through vehicle ramming incidents has underscored the critical necessity for comprehensive risk assessment and mitigation strategies, particularly concerning events held in densely populated areas. Traditional and culturally significant gatherings have demonstrably become preferred targets for such attacks.

Notable Incidents of Vehicle-Borne Attacks

On 19 December 2016, an Islamist terrorist executed an attack at the Berlin Christmas market at the Memorial Church by driving an articulated lorry into a crowded public space. This attack resulted in 13 fatalities and at least 67 injuries, many of them severe. Similarly, nearly eight years later, on 20 December 2024, a comparable attack occurred at the Christmas market in Magdeburg, where a 50-year-old male drove a vehicle into a gathering, causing at least six deaths and multiple injuries.

Preceding these events, European authorities had previously thwarted planned attacks on Christmas markets, including:

- Paris, November 2016: French authorities detained suspected Islamist extremists believed to have been planning an attack on the Champs-Élysées Christmas market, having surveilled various potential targets. The suspects had pledged allegiance to the Islamic State (IS).

- Strasbourg, December 2000: A terrorist cell based in Frankfurt, Germany, was apprehended for plotting an attack on the Strasbourg Christmas market using an improvised explosive device. The suspects were convicted and sentenced to prison terms ranging from ten to twelve years.

More recently, on 2 January 2025, as reported by CBS News, an individual intentionally drove a pickup truck into a crowd on Bourbon Street in New Orleans, resulting in 14 fatalities before the perpetrator was neutralised in a shootout with law enforcement. The Federal Bureau of Investigation (FBI) classified the act as terrorism due to the presence of an IS-affiliated flag attached to the vehicle. And most recently, a police report shows that on 13 February 2025, an Afghan male drove into a union demonstration event and injured in minimum 30 people on the night before the start of the Munich Security Conference. The Prosecution "Bayerische Zentralstelle zur Bekämpfung von Extremismus und Terrorismus" at the Generalstaatsanwaltschaft München (Office of the Public Prosecutor General Munich) is investigating a terrorist background.

The aforementioned attacks illustrate the severity and devastating impact of vehicle-based terrorism, particularly in areas with high pedestrian density.

Legal Responsibilities of Local Governments in Western Australia

This analysis examines the obligations of local governments in Western Australia in relation to the prevention of such attacks, drawing on the catastrophic failures evidenced in the 2010 Love Parade tragedy in Duisburg, Germany, which serves as an instructive case study on governmental liability and public liability in event planning.

The author of this paper served as legal counsel representing international victims (from Australia, New Zealand, the United Kingdom, the Netherlands, and Germany) in both civil litigation and a 184-day criminal trial at the District Court of Duisburg, Germany and as auxiliary prosecutor for the international victims.

Case Study: The Love Parade Tragedy and Legal Liability

The 2010 Love Parade in Duisburg, Germany, exemplifies the grave consequences of deficient governmental oversight. The event, which attracted 1.3 million attendees despite a permit allowing for only 250,000, resulted in mass panic, causing 21 fatalities and over 650 injuries. Investigations uncovered multiple regulatory failures, including:

- Deficient Risk Assessment: Authorities failed to adequately evaluate crowd density risks, particularly at key ingress and egress points.

- Negligent Permit Approval: The event was sanctioned despite demonstrable safety deficiencies.

- Legal Liability: Criminal proceedings were initiated against six municipal officials and four festival organisers on charges of negligent manslaughter and bodily harm. Civil litigation established the culpability of both the local government and private event organisers for failing to implement sufficient safety measures.

This case underscores the duty of care owed by governmental bodies in event authorisation and the legal ramifications of dereliction of such duty.

The Threat of Vehicle-Borne Attacks and Mitigation Strategies

Local governments in Western Australia are statutorily obligated to ensure that all public events under their jurisdiction adhere to stringent safety standards. This obligation extends to the proactive identification and mitigation of hostile vehicle threats, recognising that - as the interview of Don Aviv with CNN in New Orleans indicates https://www.youtube.com/watch?v=WZgZLzYo1zk - failure to do so, may result in severe legal liability and loss of life.

Primary Legal Obligations of Local Governments in Western Australia

1. Permit Approval and Risk Assessment

- Local authorities must conduct rigorous evaluations of risk management plans submitted by event organisers.

- Risk assessments must account for crowd control measures, emergency response protocols, and hostile vehicle mitigation strategies.

- Approval must be withheld if proposed measures do not align with established safety standards.

2. Implementation of Hostile Vehicle Mitigation (HVM) Measures

- Physical Security Infrastructure: Deployment of bollards, reinforced street furniture, and temporary vehicle security barriers (VSBs) at designated access points.

- Traffic Control Measures: Establishment of vehicle exclusion zones, controlled access points, and strategic road closures.

- Emergency Response Coordination: Ongoing collaboration with law enforcement agencies and emergency response teams to facilitate rapid intervention in crisis scenarios.

3. Continuous Monitoring and Compliance Enforcement

- The responsibility of local governments does not terminate upon permit approval; active supervision must be maintained to ensure compliance with safety directives throughout the event duration.

- Law enforcement engagement is critical to maintaining security measures and mitigating emerging threats.

Incorporation of Legislative Standards and Guidelines

Local governments may rely on national and international standards to ensure compliance with best practices, including:

- Hostile Vehicle Guidelines for Crowded Places (ANZCTC):

- Issued by the Australia-New Zealand Counter-Terrorism Committee (ANZCTC), this framework provides directives for physical security measures, vehicle exclusion zones, and urban design integration to deter terrorist attacks.

- International Standards Organisation (ISO) IWA 14-1 and IWA 14-2:

- Established standards governing the design, performance testing, and implementation of vehicle security barriers to mitigate vehicle-borne threats.

- Safe Places Vehicle Management Guide (NSW Police Force & University of Technology Sydney):

- Recommends minimum standoff distances, barrier implementation, and coordinated traffic control strategies to enhance public safety.

Legal and Ethical Implications of Non-Compliance

Failure to adhere to these regulatory obligations can lead to serious legal and ethical consequences. Under Australian common law principles, local governments owe a duty of care to event attendees. A breach of this duty—such as the approval of inadequate safety plans or failure to enforce compliance—may result in liability for negligence (public liability). Additionally, failure to implement effective countermeasures can significantly erode public trust in governmental authorities.

Lessons from the Love Parade Tragedy

Key takeaways for local governments in Western Australia include:

- Enforcing capacity limits: Permits must align with realistic venue capacities and available infrastructure.

- Comprehensive risk assessments: Governmental agencies must thoroughly scrutinise risk management plans, ensuring they address all foreseeable threats.

- Proactive enforcement: Authorities must maintain continuous oversight and adapt security measures in response to evolving risks.

Conclusion

The duty of local governments in Western Australia to mitigate the risks of terrorist attacks involving vehicles is both legal and moral in nature. Learning from precedent cases, such as the Love Parade tragedy, enables authorities to fortify event safety frameworks. Proactive governance, rigorous risk assessment, and stringent enforcement of security measures are imperative to preventing catastrophic incidents and safeguarding public welfare. Failure to fulfil these obligations exposes local governments to substantial legal liability and irreparable harm to public safety.