Defining international terrorism: problems and prospects

Abstract

International terrorism, with sophisticated technological means at its disposal and the future possibility of access to biological and nuclear weapons, presents a grave danger to the very existence of modern civilisation. By the same token, the phenomenon poses a considerable challenge to the international lawyer. What follows is an attempt to respond, in part, to the above challenge. More specifically, the thesis endeavours to grapple with the problem of defining international terrorism. In the first chapter the pertinent terms are clarified. Special attention is paid to the distinction among terrorists, guerrillas, freedom fighters and mercenaries. Subsequently, definitional criteria to be found in the international law literatue are highlighted. The criteria singled out comprise: "use of violence", "intimidation and manipulation of fear", "objectives", "techniques", "terroristic outcome". The Chapter concludes with a detailed account of multilateral attempts to define international terrorism. Chapter II delves into the purely legal aspects of defining the phenomenon, with special reference to the perpetrators of terrorist acts, targets, range of acts, motive and the "international" component. Claims voiced as to the exclusion of certain contexts from the definition of international terrorism are discussed in Chapter III. These include the issues of "wars of national liberation", "use of force against 'aggressor'", "struggle of workers". Consideration is given in this Chapter to the question of whether international terrorism is a criminal or political crime, which has a direct bearing on the intricate subject of extradition. Finally, some possible solutions to the problem at issue are offered. The solutions are duly examined for their feasibility.