This thesis provides an overview of some of the different domestic and international definitions for the crime of terrorism. Also some historical approaches are included in order to present the widest possible range of approaches regarding this topic. The argumentation is aimed at highlighting the strengthes as well as the weaknessess of different approaches taken so far. For example, definitions with exceptions for certain groups like “freedom figters” are analyzed. Also, the advantages of a definition without exceptions are shown. A critical evaluation of both arguments in favour and against certain definitorial approaches subsequently takes place.
After all, it becomes explicit that it is very difficult to create a coherently recognized definition. It is furtheron searched why this is so.
Because of the present lack of a coherent definition, the United Nations’s possible ways to react to terrorist attacks are adressed right after this. An examination of the present means of the United Nations takes place in order to find out if they are sufficient to encounter the terrorist threat efficiently. Only measures where the United Nations can actively influence the events are relevant in this passage.
Finally, the consequences of the present lack of a definition are described and the improvements one can expect from a defininition are named. Some recommendations are made regarding which way to approach the definition is the most promising.
Table of Contents
1 Introduction
2 Part I:
2.1 Starting point
2.2 Definition of the term “terrorism” and delimitation of “terror”
2.2.1 Historical attempts to find a definition
2.2.2 Attempts of the United Nations to find a definition
2.2.3 Comprehensive Convention on International Terrorism
2.2.4 International Convention for the Suppression of the Financing of Terrorism
2.2.5 Other selected definitions
2.2.5.1 Definitions with certain exceptions
2.2.5.2 Definitions with no exceptions
2.2.5.3 The UN Charter’s principles as the sole permissible exceptions
2.2.5.4 Definition as “Peacetime equivalent of War Crimes”
2.3 Evaluation of this passage
2.4 Difficulties for the definition of the term International Terrorism
2.5 Possible Security Council reactions
2.5.1 Terrorist acts as threat to peace or attacks in terms of Art 39 UN Charter
2.5.2 Active support by a state
2.5.3 Passive behaviour of a state
2.5.4 Private individuals as subjects of accountability
2.5.5 Result of chapter 2.5
3 Part II: What could happen after the establishment of a definition?
3.1 Indirect enforcement
3.2 Direct enforcement
4 Part III: Possible ways to react to terrorism before the establishment of a coherent definition
4.1 Right to self-defence in terms of Art 51 UN Charter
4.2 The Security Council as international (surrogate-) legislator
4.3 The International Criminal Court (ICC)
4.5 Possible reactions in the future
4.6 Report of the Counter Terrorism Committee
4.7 Reconsideration and summary of the last paragraphs
5 Conclusion
Research Objectives and Core Themes
This thesis examines the international struggle to establish a universally recognized legal definition of "terrorism" and investigates alternative mechanisms for the United Nations to respond to terrorist threats. It explores the inherent difficulties in defining terrorism, addresses the potential for global legislative action, and assesses current United Nations reactive capabilities.
- The challenges of achieving a coherent, universally accepted definition of terrorism.
- The role of the United Nations Security Council in "surrogate" international legislation.
- The application of international humanitarian law to terrorist acts.
- Evaluation of indirect and direct enforcement mechanisms for international crimes.
- The tension between state security, self-determination, and the prohibition of the use of force.
Excerpt from the Book
2.2 Definition of the term “terrorism” and delimitation of “terror”
The United Nations Charter does not refer to terrorism explicitly. That is why the definition is unclear and a lot of different opinions exist.
There is a wide range of opinions. Pat Buchanan in his article for www.antiwar.com asks the question if “terrorism, […] like beauty, [is] in the eye of the beholder”. There are often used phrases like “One man’s terrorist is another man’s freedom fighter”, “Terrorism, like beauty, lies in the eyes of the beholder” or “What is terrorism to some is heroism to others”. In order to avoid misunderstandings, offences and the reproach of partiality or a lack of neutrality, a lot of media agencies in the meantime have followed the example of Reuters. This media agency decided shortly after 9/11 to avoid the terms “terrorist” and “freedom fighter” completely and to leave out all kinds of value judgements suggested by a term which has already been ”tainted” by frequent use in the mass media.
These examples show the uncertainty in the media. But this uncertainty roots deeper: If there was a clear definition available, all examples of a further idiomatic use of the term would vanish because there would be clarity about the legal term and colloquial language, at least after some time, would need to adapt. But till then the word is so subjective as to be devoid of all meaning but, at the same time, extremely dangerous because people tend to believe that it does have meaning and consequently use and abuse the term by associating it with whatever they hate as a way of avoiding rational thought and discussion and excusing their own outrageous behaviour.
Summary of Chapters
1 Introduction: Introduces the legal classification of the 9/11 attacks and the fundamental difficulties in defining terrorism, alongside the historical roots of the terminology.
2 Part I: Provides an extensive analysis of historical and international attempts to define terrorism, including debates on exceptions for national liberation movements and the "peacetime equivalent to war crimes" approach.
3 Part II: What could happen after the establishment of a definition?: Evaluates the potential effectiveness of a universally accepted definition regarding indirect and direct enforcement mechanisms within international law.
4 Part III: Possible ways to react to terrorism before the establishment of a coherent definition: Examines current reactive options available to states and the Security Council, including self-defence and the Security Council’s role as a surrogate legislator.
5 Conclusion: Summarizes the findings, asserting that a coherent definition is necessary to end current terminological ambiguity and to create a more effective global response.
Keywords
International Terrorism, United Nations, Security Council, International Humanitarian Law, Definition, Self-Defence, State Responsibility, Aut Dedere Aut Judicare, War Crimes, Counter-Terrorism, 9/11, Legal Subjectivity, Liberation Movements, Enforcement, Legislation.
Frequently Asked Questions
What is the core focus of this thesis?
The thesis investigates the ongoing struggle to define "international terrorism" and analyzes alternative strategies for the United Nations to address and respond to terrorist threats in the absence of a universally accepted definition.
What are the central themes of the work?
The work centers on the conceptual ambiguity of terrorism, the political obstacles to a global definition, the Security Council’s evolving role in legislation, and the applicability of international humanitarian law to non-state actors.
What is the primary research goal?
The primary goal is to discuss the legal dilemma of defining terrorism, evaluate if such a definition could strengthen UN responses, and identify which approaches show the most promise for the future.
Which scientific method is applied?
The author employs a legal-analytical method, reviewing existing international treaties, Security Council resolutions, academic literature, and international case law to evaluate current state practice.
What topics are covered in the main section?
The main sections cover historical definitions, the "peacetime equivalent of war crimes" debate, the legal responsibility of states for supporting terrorists, and the practical challenges of direct vs. indirect enforcement.
How would you characterize this work?
It is a legal study focused on international relations, specifically addressing the intersection of counter-terrorism policy and international law.
Why is the "peacetime equivalent of war crimes" concept discussed?
This concept is discussed as a potential pathway to fill gaps in the current legal framework by applying existing, detailed international humanitarian law standards to terrorism.
What is the significance of the "Scotland against Criminalizing Communities" example?
This example is used to illustrate how poorly drafted or overly broad definitions of terrorism can conflict with the principle of legality and potentially infringe upon human rights.
How does the author view the Security Council’s role?
The author highlights that the Security Council has increasingly acted as an international "surrogate legislator" by codifying elements of draft treaties into binding resolutions under Chapter VII of the UN Charter.
- Quote paper
- Miriam Nabinger (Author), 2007, The struggle to find a definition for “international terrorism”, Munich, GRIN Verlag, https://www.grin.com/document/87042
