Law Enforcement of Terrorism Crimes Associated with Foreign Terorist Fighter ISIS Cases (original) (raw)
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Recent challenges in international security posed by two terrorist organizations, Al Qaeda and ISIS, have highlighted an urgent domestic and foreign policy challenge. Terrorism has been, for more than a decade, top headline in the world media, and the cost of terrorist activities is expressed in numerous human lives and enormous material damage. Yet to date, international organizations and governments have not been successful in the attempt to find a common definition or uniform approach. Up to now, the approaches towards terrorist activities differ from case to case. There is no single legal regime to deal with terrorist activities, and the legal regime is what gives the answer and the framework for the counterterrorist activities of the security forces, in order to be able to deal with the threat. This paper will attempt to answer at least some of the dilemmas.
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Notwithstanding the emphasis placed on the need for concerted international action to confront the problem of terrorism, positive international law is far from treating the issue of defi ning the criminal notion of terrorism coherently; the discussion of such a notion is being made hostage [sic!] to the abuse of the term ' terrorism ' in the course of the debate and to the confusion between an empirical description of a phenomenon and its treatment under criminal law. Proposing a coredefi nition approach, this article elaborates a notion based upon the basic rights of civilians and on the unacceptability of their violation by terrorist methods carried out by private organized groups. The defi nition proposed here, which does not recognize in the perpetrator ' s motivations any material relevance because of the overwhelming importance of the value infringed, is able to minimize the relevance of some abused arguments (such as state terrorism or the treatment of ' freedom fi ghters ' ), could quickly gain customary status and would prove useful in interpretation and in drafting exercises, both at international and national level. As for the inclusion of terrorism in the category of international crimes, it is submitted that two interpretive options are open: to consider the category of crimes against humanity as already able to embrace core terrorism; or to place the strong rationale underlying the stigmatization of terrorist crimes in the perspective of the gradual emerging of a discrete international crime of terrorism. National case law seems to point to the latter option, but the question does not appear settled: for this reason, the discussion regarding the
Terrorism and terrorists in contemporary international law
Many loopholes and unanswered questions remain in the field of terrorism and counter-terrorism at the international level. I decided thus to address three of them in my master thesis: the lack of international definition of terrorism, the role of the United Nations bodies in countering terrorism and how both terrorism and counter-terrorism measures can challenge human rights. Hopefully, the reading of my master thesis will advance a better understanding of terrorism under contemporary international law, and the main challenges ahead.