Prohibition of Terrorism During Armed Conflicts (original) (raw)
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Be ijing Law Review, 2021
This article explores the quest for the legal definition of terrorism under international law. By employing doctrinal research methodology, the paper qualitatively analyze international legal instruments, customary international law, and decisions of international courts and works of various scholars. In doing so, the article first discusses about the difficulty of defining terrorism under international law. In addition, the paper will discuss about the major attempts to define terrorism both by scholars and legally. In dealing with the quest for legal definition, the paper will explore the various attempts to define terrorism by treaty laws and the lacuna thereof. Furthermore, it discusses the definition provided by the Appeals Chamber of the Special Tribunal for Lebanon (STL). Accordingly, the paper calls on the significance of the definition provided by STL for the reason that the decision incorporated elements provided by various UN Resolutions and treaties, customary international law and domestic courts. Hence, the definition by STL should be taken as a universally agreeable one.
Talenta Conference Series: Local Wisdom, Social, and Arts (LWSA)
Terrorism has become a worldwide phenomenon in the 21st century. Acts of terrorism have threatened the human civilization and endangered the peace and the security of mankind. The purpose of this study is to analyze the acts of terrorism as a violation of human rights which will be reviewed from the legal and human rights perspective. The results of this study are show that the acts of terrorism violates the law and human rights at the international level and national level. Terrorism acts also violates the International Humanitarian Law which based on the Geneve Conventions 1949 where many people, civilian or military are the target of the terrorist attacks.
TERRORISM UNDER INTERNATIONAL LAW: DEFINITION AND ACTION AGAINST IT
The definition of international terrorism is one of the most controversial issues of international law. In order to understand the dimension of the problem, note that a study of the US Army quoted a source that counted 109 definitions of terrorism including a total of 22 different definitional elements. This article tries to describe the main definitions of terrorism under international law and the action undertaken by the States at the international levels, analyzing the possibility to use the force in responding to a terrorist attack.
2013
This article investigates the concept of international state terrorism with a view to providing a legal definition thereof. It proposes to qualify certain uses of state armed force in the light of the category of international terrorism. The latter is understood as the commission of violent acts aimed at spreading terror among a population in order to achieve political goals, and is usually identified as an activity solely perpetrated by nonstate actors. However, in international relations states do resort to terrorism against other states. That is to say, armed force is at times used to coerce another state’s government by means of directly targeting its population. This use of force relies on large-scale violations of human rights and should be tackled specifically. The overall aim of the article is to provide a substantive definition of international state terrorism. Elements are derived, on the one hand, from the definitions of peacetime and wartime terrorism; on the other hand, from the legal definition of aggression and the analysis of war-like use of force
European Journal of International Law, 2008
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
Acts of terrorism as a crime against humanity in the aspect of law and human rights
2018
Terrorism has become a worldwide phenomenon today. Acts of terrorism can be classified as a crime against humanity, which threatens and endangered the peace and the security of mankind. The acts of terrorism are also threatening the human civilization. The purpose of this study is to analyze the acts of terrorism as a crime against humanity in the aspect of law and human rights. This study is using statute approach, legal doctrines and regulations which related to the acts of terrorism and crime against humanity. The first section is the introduction which explains about the definitions of terrorism, the elements of terrorism, and the classification of terrorism. The second section will review the crimes against humanity. The third section will discuss about the acts of terrorism as a crime against humanity in the aspect of law and human rights. The fourth section is theconclusion.
Definitional Dilemma of “Terrorism” Under International Law
JURNAL UNDANG-UNDANG DAN MASYARAKAT, 2019
Terrorism is not a domestic issue but is instead a global phenomenon. The changing form of terrorism is going to be complex day by day. Every State is facing terrorism, and no State is immune to this disease. None the least, the lack of a universally accepted definition of terrorism is a significant hindrance in developing effective international counter terrorism strategies. The 9/11 attacks in the US have unavoidably shaped the fight against by demanding a rapid and unified reaction from the international community. This Paper examines the meaning of terrorism and also evaluates the definitions of terrorism presented by various scholars. It also highlights the hurdles which are hindering in attaining a universally accepted definition of terrorism. Moreover, the definitions of terrorism by the International bodies such as the United Nations General Assembly, the Security Council, the International Court of Justice and the International Criminal Court are also analysed. The analysis provides a foundation for any future evaluation on definition of terrorism under any domestic counter terrorism laws. This Paper concludes that a universally accepted definition of terrorism is necessary to help in curbing the issue of terrorism globally or domestically.
INTERNATIONAL TERRORISM – WAR OR CRIME
The phenomenon of terrorism has reached unimaginable heights in the early millennium. This triggered the so-called civilized nations of the world to start a real "war" against terrorism. International humanitarian law clearly defines the term "armed conflict" and belligerent and combatant status. But terrorism is often associated with organized crime, whatever its goals are. This study will attempt to determine the legal status of terrorists and the law applicable to this phenomenon. Even if the actions associated with terrorism are punishable as crimes, this phenomenon has serious effects on a community. In most cases these effects affect the international community. Because terrorist acts are generally associated with organized crime (transnational) and are directed against national or international authority, the states and international governmental organizations were forced to adopt security policies to combat this phenomenon. When not comply with this provision, using prohibited means and methods combat, these groups cease to be subjects of international humanitarian law and acquire the status of subjects of international criminal law.
PROBLEMS AND PROGRESS IN DEFINING TERRORISM IN INTERNATIONAL LAW
There is an effort to adopt an internationally accepted legal definition for 'terrorism' since such definition will enhance international cooperation in fighting terrorism, which at the moment is fragmented and ineffective. However, various obstacles e.g. political heterogeneity or ideological discrepancy arise when seeking a uniformed definition of terrorism, hence this study.