Download PDF by Ben Saul: Defining Terrorism in International Law

By Ben Saul

ISBN-10: 0199535477

ISBN-13: 9780199535477

Regardless of quite a few efforts because the Nineteen Twenties, the overseas group has did not outline or criminalize ‘terrorism’ in overseas legislation. This e-book first explores the coverage purposes for outlining and criminalizing terrorism, earlier than offering the elemental components of a global definition. Terrorism may be outlined and criminalized since it heavily undermines basic human rights, jeopardizes the country and peaceable politics, and will threaten overseas peace and defense. Definition may additionally aid to tell apart political from deepest violence, putting off the overreach of the various ‘sectoral’ anti-terrorism treaties. A definition might help to restrict the scope of UN safety Council resolutions on the grounds that eleven September 2001, that have inspired states to pursue unilateral and over the top counter-terrorism measures. Defining terrorism as a discrete foreign crime normatively acknowledges and protects important foreign group values and pursuits, symbolically expresses neighborhood condemnation, and stigmatizes offenders. Any definition of terrorism should also accommodate average claims to political violence, really opposed to repressive governments, and this e-book examines the variety of exceptions, justifications, excuses, defences, and amnesties possibly to be had to terrorists, in addition to purported exceptions akin to self-determination struggles, ‘state terrorism’, and armed conflicts. whereas this publication seeks to reduce recourse to violence, it acknowledges that overseas legislations are usually not develop into complicit in oppression by way of criminalizing valid types of political resistance. within the absence of a global definition, the rest of the publication explores how the foreign group has spoke back to terrorism in foreign and ‘regional’ treaties, the United countries approach, and in regular legislations. the ultimate a part of the booklet explores the detailed prohibitions and crime of ‘terrorism’ in armed clash below foreign humanitarian legislation.

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1(1); Terrorism Suppression Act 2002 (NZ), s 5; South African Protection of Constitutional Democracy against Terrorism and Related Activities Bill 2003, cl 1(1)(xxiv)(c); see also C Walker, Blackstone’s Guide to the Anti-Terrorism Legislation (OUP, Oxford, 2002) 20–30. 260 Walker, ibid, 26. 261 A Rina and T Soetjipto, ‘Teenagers beheaded on the way to school’, Sydney Morning Herald, 31 Oct 2005. 262 Walker, n 259, 21–22 (UK law-makers thought that this expression was too broad and might cover mere blackmail or extortion).

6th Committee Report, n 172, 21. 189 Yet following controversy in the Organization of American States (OAS) in the 1980s on the definition of terrorism and its relationship to human rights, the Inter-American Commission retreated from its earlier position. In 1991, it emphasized that it was the function of the State to prevent and punish private violence, not the role of international rights bodies. 192 Nevertheless, the weight of international practice suggests that it remains difficult to legally characterize terrorist acts by non-State actors as violations of human rights, in situations where a State has not failed to fulfil diligently its duties of prevention and protection.

214 See Ch 4 below. 215 1999 OAU Convention, preamble; 1998 Arab Convention, preamble; 1999 OIC Convention, preamble; 1987 SAARC Convention, preamble; OIC Resolutions 6/31–LEG (2004) preamble; 6/10-LEG(IS) (2003) preamble; OAS General Assembly, AG/RES 1840 (XXXII–O/02) preamble; NAM Final Doc (2004), n 136, para 100; NAM Final Doc (2003), n 136, paras 107–109; NAM, XIII Ministerial Conf, Final Doc, Cartagena, 8–9 Apr 2000, paras 88–89. 216 Consequently, the balance of international opinion makes it difficult to argue that terrorism should be criminalized as an offence against democratic politics, since it must also be regarded as criminal and unjustifiable against tyrannical regimes.

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Defining Terrorism in International Law by Ben Saul

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