Defining Terrorism in International Law

Abstract

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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