COUNTERTERRORISM IN INTERNATIONAL LAW
What is the role of international treaties in the fight against terrorism?
Paradigm shift – post and pre 9/11)
Identify main strategies for combatting terrorism
DEFINITION
Article 2 (1) – Convention on the Suppression of Financing Terrorism - Definition of terrorism
Customary law definition – Appeals Chamber Special Tribunal for the Lebanon
3 key elements:
1. The perpetration of a criminal act such as murder, kidnapping, hostage-taking, arson, and so on,
or threatening such an act
2. The intent to spread fear among the population which would generally entail the creation of
public danger, or directly or indirectly coerce a national or international authority to take some
action, or to refrain from taking it
3. When the act involves a transnational element
UN Draft Comprehensive Terrorism Convention – under negotiation since 2000 – can’t agree on a
definition
Whether or not it should include objects
Whether or not it should include military activities by the state
Participation/Contribution would be criminalised = violent demonstrations would fall within its
scope (eg. London riots would be considered a terrorist attack)
Points to consider
> Terrorism manifests itself in different ways
> Past issues of struggles of colonialism
> State terrorism
> Whether activities of military forces in exercising official duties should be included
Pre-9/11 – Through sectoral action terrorism could be deterred
> Decentralised and sectoral (national legislation)
> States had same patterns to deal with terrorism – these reactions led to agreement of a number of
specific conventions between the 60s and 80s
What is the role of international treaties in the fight against terrorism?
Paradigm shift – post and pre 9/11)
Identify main strategies for combatting terrorism
DEFINITION
Article 2 (1) – Convention on the Suppression of Financing Terrorism - Definition of terrorism
Customary law definition – Appeals Chamber Special Tribunal for the Lebanon
3 key elements:
1. The perpetration of a criminal act such as murder, kidnapping, hostage-taking, arson, and so on,
or threatening such an act
2. The intent to spread fear among the population which would generally entail the creation of
public danger, or directly or indirectly coerce a national or international authority to take some
action, or to refrain from taking it
3. When the act involves a transnational element
UN Draft Comprehensive Terrorism Convention – under negotiation since 2000 – can’t agree on a
definition
Whether or not it should include objects
Whether or not it should include military activities by the state
Participation/Contribution would be criminalised = violent demonstrations would fall within its
scope (eg. London riots would be considered a terrorist attack)
Points to consider
> Terrorism manifests itself in different ways
> Past issues of struggles of colonialism
> State terrorism
> Whether activities of military forces in exercising official duties should be included
Pre-9/11 – Through sectoral action terrorism could be deterred
> Decentralised and sectoral (national legislation)
> States had same patterns to deal with terrorism – these reactions led to agreement of a number of
specific conventions between the 60s and 80s
