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Defining Terrorism in International Law
Ben Saul
408 pages
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234x156mm
978-0-19-929597-5
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Hardback
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31 August 2006
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This item is printed to order and supplied on a firm sale basis. Items which are printed to order are normally despatched and charged within 5-10 days.
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- The first book devoted to the problem of defining terrorism in international law
- Comprehensive coverage of all major attempts to define terrorism since the 1920s
- Considers what conduct should be excluded from the definition, including deciding when political violence is, or is not, permissible
- Examines treaty and customary law, the practice of the UN and regional organizations, and national laws
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.Readership: Academics and postgraduate students in international law,
international relations, defence/strategic studies, and politics; government and UN legal advisers, NGOs, international and regional organizations, and specialist institutes in security, and terrorism.
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Ben Saul, Director of the Sydney Centre for International Law at the Faculty of Law, University of Sydney
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"This book deserves to be called 'seminal', for there are no other works that provide such an in-depth examination and analysis of the concept of terrorism." - Legal Studies, Vol.29, No.1
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Introduction: Concepts of Terrorism
1: Reasons for Defining and Criminalizing Terrorism
Nature of International Crimes
International Criminological Policy
Terrorism as a Discrete International Crime
Elements of a Definition of Terrorism
2: Defending 'Terrorism': Justifications and Excuses for Terrorist Violence
Common Justifications for Terrorism
Criminal Law Defences to Terrorism
Circumstances Precluding Group Responsibility
'Illegal but Justifiable' Terrorism
Discretion and Law: Never Negotiate with Terrorists?
3: Terrorism in International and Regional Treaty Law
Transnational Criminal Law Treaties
Treaties of Regional Organizations
Attempts at Definition in Treaty Law 1930 - 2005
4: Terrorism in Customary International Law
UN General Assembley Practice
UN Security Council Practice
Judicial Decisions Defining Terrorism
National Terrorism Legislation
5: Terrorism in International Humanitarian Law
Early Developments 1919 - 1948
Second World War and Aftermath 1939 - 1948
1949 Geneva Conventions and 1977 Protocols
International Criminal Tribunals since 1993
Individual Criminal Responsibility for 'Terrorism'
Customary Crimes of Terrorism in Armed Conflict
US Military Commissions and 'Terrorism'
No Separate Category of 'Terrorist'
Conclusion: Proving Terror, Avoiding Duplication
Conclusion
Bibliography
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