Defining Terrorism in International Law
Table of Contents
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