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
Objectives and Key Themes
This study project aims to analyze the difficulties in defining "international terrorism" and explore alternative responses by the United Nations to terrorist threats and attacks. The project investigates existing definitions, the UN's role, and potential legal frameworks for addressing terrorism, both with and without a universally accepted definition. * Defining international terrorism: The challenges and complexities involved in creating a universally accepted definition. * The United Nations' response to terrorism: Analyzing the UN's capabilities and limitations in addressing terrorist threats. * Legal frameworks for combating terrorism: Examining existing international legal instruments and their effectiveness. * Security Council reactions: Exploring various potential responses of the Security Council to acts of terrorism. * Alternative approaches to combating terrorism: Investigating possible strategies in the absence of a universally accepted definition.Chapter Summaries
1 Introduction: This introductory chapter sets the stage for the study, outlining the project's objectives and scope. It highlights the central problem of defining "international terrorism" and the need for exploring alternative UN responses to terrorist threats and attacks. The chapter frames the overall research question and establishes the context for the subsequent in-depth analysis presented in the following chapters.
2 Part I: This section delves into the core issue of defining terrorism. It meticulously examines historical attempts to define the term, focusing on the challenges of creating a universally accepted definition that accounts for diverse perspectives and avoids unintended consequences. The analysis extends to the efforts of the United Nations, considering different conventions and proposals, and highlighting their successes and shortcomings. The chapter then critically evaluates the existing definitions, identifying the difficulties and outlining the specific complexities inherent in defining "international terrorism." The analysis concludes by exploring potential Security Council reactions to terrorist acts, examining different scenarios and their legal ramifications.
3 Part II: This part speculates on the consequences of achieving a universally accepted definition of international terrorism. It explores both direct and indirect enforcement mechanisms, anticipating the practical implications of a new definition on international law and the actions of states. The chapter assesses the potential benefits and challenges associated with such a standardized definition, considering its impact on state sovereignty and international cooperation.
4 Part III: This section analyzes the possible ways for the UN to react to terrorism even without a universally accepted definition. The chapter examines the application of existing international law, particularly the UN Charter's provisions on self-defense and the role of the Security Council and the International Criminal Court. It explores potential future responses and considers the limitations of current legal instruments in addressing the multifaceted nature of terrorism. The concluding part analyzes a report from the Counter-Terrorism Committee, which helps to illustrate the ongoing challenges and debates within the international community.
Keywords
International terrorism, United Nations, definition of terrorism, Security Council, international law, counter-terrorism, legal frameworks, self-defense, International Criminal Court (ICC), state responsibility, threat to peace.
Frequently Asked Questions about "Defining International Terrorism and Alternative UN Responses"
What is the main topic of this document?
This document comprehensively previews a study analyzing the difficulties in defining "international terrorism" and exploring alternative responses by the United Nations to terrorist threats and attacks. It examines existing definitions, the UN's role, and potential legal frameworks for addressing terrorism, both with and without a universally accepted definition.
What are the key themes explored in this study?
The key themes include defining international terrorism (challenges and complexities), the United Nations' response to terrorism (capabilities and limitations), legal frameworks for combating terrorism (effectiveness of existing instruments), Security Council reactions to acts of terrorism, and alternative approaches to combating terrorism in the absence of a universally accepted definition.
What is the structure of the document?
The document is structured into four main parts: an introduction, Part I focusing on defining terrorism and potential Security Council reactions, Part II speculating on the consequences of a universally accepted definition, and Part III analyzing possible UN responses without a universally accepted definition. Each part contains several sub-sections, detailed in the table of contents.
What are the challenges in defining "international terrorism"?
The document highlights the significant difficulties in creating a universally accepted definition of international terrorism. It discusses historical attempts, UN efforts (including conventions), and various proposed definitions, emphasizing the complexities and diverse perspectives that hinder a consensus.
What is the role of the United Nations in addressing terrorism?
The study analyzes the UN's capabilities and limitations in addressing terrorist threats. It examines the UN Charter's relevance, the role of the Security Council, and the potential contribution of the International Criminal Court (ICC). The document also considers the UN's past efforts and the effectiveness of existing legal instruments.
What are the potential legal frameworks for combating terrorism?
The document explores existing international legal instruments and their effectiveness in combating terrorism. This includes examining the UN Charter's provisions on self-defense, the Security Council's authority, and the role of the ICC. The analysis considers both scenarios where a universally accepted definition exists and where it does not.
What are the possible Security Council reactions to acts of terrorism?
The study explores various potential responses of the Security Council to acts of terrorism, ranging from considering terrorist acts as threats to peace under Article 39 of the UN Charter to addressing active and passive state support for terrorism. It also discusses the accountability of private individuals.
What are the alternative approaches to combating terrorism if a universally accepted definition is lacking?
The document investigates possible strategies for addressing terrorism even in the absence of a universally accepted definition. This includes focusing on existing international law, the roles of the Security Council and the ICC, and exploring potential future responses and limitations of current legal instruments.
What are the key findings or conclusions of the study (as previewed in this document)?
While this is a preview, the document highlights the ongoing challenges in defining international terrorism and the complexities of finding effective international responses. It emphasizes the importance of considering both existing legal frameworks and alternative approaches given the difficulties in achieving a universally agreed-upon definition.
Where can I find more information about this study?
This document is a preview. The full study would provide more detailed analysis and findings related to each of the topics discussed here.
- Citar trabajo
- Miriam Nabinger (Autor), 2007, The struggle to find a definition for “international terrorism”, Múnich, GRIN Verlag, https://www.grin.com/document/87042
