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Books > Law > International law > International criminal law
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Defining Terrorism in International Law (Hardcover)
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Defining Terrorism in International Law (Hardcover)
Series: Oxford Monographs in International Law
Expected to ship within 10 - 15 working days
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Despite numerous efforts since the 1920s, the international
community has failed to define or criminalize 'terrorism' in
international law. This book first explores the policy reasons for
defining and criminalizing terrorism, before proposing the basic
elements of an international definition. Terrorism should be
defined and criminalized because it seriously undermines
fundamental human rights, jeopardizes the State and peaceful
politics, and may threaten international peace and security.
Definition would also help to distinguish political from private
violence, eliminating the overreach of the many 'sectoral'
anti-terrorism treaties. A definition may also help to confine the
scope of UN Security Council resolutions since 11 September 2001,
which have encouraged States to pursue unilateral and excessive
counter-terrorism measures. Defining terrorism as a discrete
international crime normatively recognizes and protects vital
international community values and interests, symbolically
expresses community condemnation, and stigmatizes offenders. Any
definition of terrorism must also accommodate reasonable claims to
political violence, particularly against repressive governments,
and this book examines the range of exceptions, justifications,
excuses, defences and amnesties potentially available to
terrorists, as well as purported exceptions such as
self-determination struggles, 'State terrorism' and armed
conflicts. While this book seeks to minimize recourse to violence,
it recognises that international law should not become complicit in
oppression by criminalizing legitimate forms of political
resistance. In the absence of an international definition, the
remainder of the book explores how the international community has
responded to terrorism in international and 'regional' treaties,
the United Nations system, and in customary law. The final part of
the book explores the distinctive prohibitions and crime of
'terrorism' in armed conflict under international humanitarian law.
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