Defining International Terrorism

This book examines the attempts by the international community and the United Nations to define and criminalise terrorism. In doing so, it explores the difficult legal, ethical and philosophical questions involved in deciding when political violence is, or is not, permissible.

This book is an attempt to approach the issue of defining international terrorism, proposing that the most workable way to do so is to achieve due balance between the two principal driving forces of international law developments: State sovereignty interests and cosmopolitan ideals. All those who aspire to the promotion of international criminal justice and the fight against impunity agree that the formulation of a universal definition of international terrorism will further enhance the fight against terrorism and offer a universally acceptable legal framework within which this fight can be conducted. Discussed in an in-depth manner are, for instance, the UN Charter Provisions, the Rome Statute and the principle of complementarity, the Kampala amendments on the crime of aggression, the paradigms of aggression and terrorism, and prominent anti-terrorist Security Council Resolutions such as Resolution 1368 and Resolution 1373. The volume broadens the reader’s understanding on how State sovereignty interests and priorities as well as ideals of cosmopolitanism have influenced the development of international law in general and international criminal law in particular. Furthermore, it simplifies the complicated picture of defining international crimes by explaining how the ‘State sovereignty’ and ‘Cosmopolitanism’ dynamics have also been of relevance throughout the drafting process of the definition of the crime of aggression for the purposes of the Rome Statute for the International Criminal Court. In addition, it equips the reader with an understanding of the reasons behind the lack of an international definition for terrorism and suggests an appropriate context within which such a definition can take shape. It intends to appeal to academics and students with an interest in international criminal law and the international criminal justice system, international law and security, but also to anyone with an interest in transnational crime and counter-terrorism. Stella Margariti has recently graduated from the University of Dundee where she attained the title of Doctor from the School of Law.

This work explains why the international community should define and criminalise terrorism, how it should define it, and what it should exclude from the definition of terrorism.

Master's Thesis from the year 2007 in the subject Law - European and International Law, Intellectual Properties, grade: 70%, Stellenbosch Universitiy (Department for Public Law), course: LL.M. Public Law, 88 entries in the bibliography, language: English, abstract: This thesis provides an overview of some of the different domestic and international definitions for the crime of terrorism. Also some historical approaches are included in order to present the widest possible range of approaches regarding this topic. The argumentation is aimed at highlighting the strengthes as well as the weaknessess of different approaches taken so far. For example, definitions with exceptions for certain groups like “freedom figters” are analyzed. Also, the advantages of a definition without exceptions are shown. A critical evaluation of both arguments in favour and against certain definitorial approaches subsequently takes place. After all, it becomes explicit that it is very difficult to create a coherently recognized definition. It is furtheron searched why this is so. Because of the present lack of a coherent definition, the United Nations’s possible ways to react to terrorist attacks are adressed right after this. An examination of the present means of the United Nations takes place in order to find out if they are sufficient to encounter the terrorist threat efficiently. Only measures where the United Nations can actively influence the events are relevant in this passage. Finally, the consequences of the present lack of a definition are described and the improvements one can expect from a defininition are named. Some recommendations are made regarding which way to approach the definition is the most promising.

The proliferation in terrorist activity has provoked an increase in the body of law, both at national and international level, which has sought to counter and prevent it. The bodies involved in this process range from the UN Security Council to government legislatures. This book is the first to address, in one volume, the wide variety of responses to terrorism as they exist in both international and domestic contexts. It also represents the first ever comprehensive collection of documents referring to terrorism which are to be found in the laws of the UK and France as well as in international law. Terrorism and International Law comprises contributions by thirteen well-known authorities in the areas of international, French and UK law, and is divided into four main sections: international cooperation against terrorism, the French and British responses to terrorism, the limits of state action and a documentary supplement. The contributors have sought to show how international and domestic law can be used together to combat the multi-faceted problems which terrorism raises. The issue of human rights is also discussed with particular reference to the jurisprudence of the European Commission and Court of Human Rights. The fourth documentary section of the book provides coverage of international treaties, UN resolutions, UK and French legislation, case-law and official statements relating to terrorism. This book provides an invaluable source of commentary and reference material in the area of terrorism and international and domestic law which will be useful for practitioners, diplomats, students and teachers.

This book focuses on individuals' acts perceived as international terrorism and on states' acts perceived as state support, emphasising on the legal aspects of military responses and discussing political, economic, and cultural dimensions as they bear on the feasibility of the possible response.

Essay from the year 2013 in the subject Politics - International Politics - Topic: Peace and Conflict Studies, Security, Seattle Pacific University, language: English, abstract: International terrorism and the rise of non-state combatants have altered the parameters of global conflict in the last decade by creating a class of soldiers who are impervious to the traditional targeting methods used in conflicts such as WWII and the Gulf War. These changing circumstances necessitate a reevaluation of the common theoretical frameworks used to address global conflict and cooperation, such as realism, and the just war framework. The ramifications of enemies that cannot be defined as easily contained within state borders poses a new and unparalleled threat to the international political system; therefore, past frameworks must be analyzed in order to ascertain whether they still have relevance in describing the behavior of states and the nature of warfare. I will examine the effects of non-state combatants on international stability and state sovereignty through the lens of realism, and I will argue that without redefining the terms of conflict and updating or altering our theoretical frameworks we will help perpetuate and empower terrorists. I will argue that we must redefine terrorism itself in a way that maximizes international cooperation and strengthens global networks, and reconceptualize or replace the dominant realist theoretical framework, in order to meet the threat of global terrorism.

This publication is part of the Constructions of Terrorism Research Project being carried out through a partnership between TRENDS Research & Advisory, Abu Dhabi, UAE, and the Orfalea Center for Global and International Studies, University of California, Santa Barbara.