scholarly journals A Quest for Defining Terrorism in International Law: The Emerging Consensus

2020 ◽  
Author(s):  
Mohammed Salman Mahmood
Keyword(s):  
International Law ◽  
International Community ◽  
Self Determination ◽  
International Terrorism ◽  
General Definition ◽  
Armed Struggle ◽  
Secondary Sources ◽  
To Come ◽  
Definition Of ◽  
Agreed Definition

The United Nations (UN) has no internationally-agreed definition of terrorism. The definitional impasse has prevented the adoption of a Comprehensive Convention on International Terrorism. Even in the immediate aftermath of 9/11 the UN failed to adopt the Convention, and the deadlock continues to this day. The prime reason is the standoff with the Organization of the Islamic Conference (OIC). The Arab Terrorism Convention and the Terrorism Convention of the Organization of the Islamic Conference defines terrorism to exclude armed struggle for liberation and self-determination. This increased its complexity and vagueness. The aim of this paper is to examine the definitional aspect of terrorism and the challenges faced in adopting a single universally accepted definition by the international community. The methodology adopted in this paper is purely a library based research focusing mainly on primary and secondary sources. The paper concludes that nations or states have to come to agreement on a definition of the term “terrorism”, for without a consensus of what constitute terrorism, nations or states could not unite against it. A general definition of terrorism is necessary in order for the international community to fight against terrorism in a precise way.  

scholarly journals PRINCIPLES OF INTERNATIONAL LAW AND THEIR ROLE IN CONFLICT RESOLUTION IN KOSOVO AND CRIMEA. Part 2

2019 ◽  
Keyword(s):  
International Law ◽  
International Community ◽  
Self Determination ◽  
Local Authorities ◽  
Territorial Integrity ◽  
Legal Norms ◽  
Conflict Situations ◽  
History Of ◽  
Definition Of ◽  
The Right

The second part of the article considers the issue of the contradiction of the realization of the right to self-determination and the principle of territorial integrity of Serbia and Ukraine on the example of Kosovo and Crimea. It presents an analysis of the legitimacy of the will expression of Kosovars and Crimeans and its compliance with the norms of international law. The preconditions and factors of the ethnopolitical conflict are examined and the main problematic issues that caused controversies between the central and local authorities in Kosovo and Crimea are identified. The article emphasizes that the result of the plebiscites in Kosovo (1998) and Crimea (2014) was the declaration of independence, denied by central authorities of Serbia and Ukraine and met with mixed reactions by the international community. The self-proclaimed republics have only external features of statehood and are subject to external administration of other countries. A latent opposition of geopolitical opponents in the international arena is noted, which is to some extent traced through the position on the recognition / non-recognition of Kosovo and Crimea. The article draws attention to the fact that inconsistent interpretations of certain principles of international law promote secession movements in countries where conflicts periodically arise between central and local authorities. The emphasis is placed on the necessity of a clearer definition of the aforementioned international legal norms and obligations undertaken by subjects of international law. The article holds that in order to avoid such situations as in Kosovo or Crimea, to eliminate conflicts related to the possibility of an ambiguous interpretation and application of the principles of international law, an internationally recognized system of more stringent and comprehensive measures should be introduced to cease and prevent threats to the territorial integrity of countries. A strong position of the international community on the abovementioned principles with the history of the liberation movements of these peoples taken into account should become the measure precluding the aggravation of conflict situations related to the aspiration of peoples for self-determination.

scholarly journals Identification Criteria of Jus Cogens Norms in International Law

2020 ◽  
Author(s):  
Yuliya Dolinska
Keyword(s):  
International Law ◽  
General Rule ◽  
International Community ◽  
General Nature ◽  
General Definition ◽  
Vienna Convention ◽  
Specific Content ◽  
The Status ◽  
Definition Of ◽  
Jus Cogens

The article examines the positions of leading scholars on the identification of imperative norms of international law, discusses critical remarks that focus primarily on the difficulties connected with such identification. Trying to codify the concept of jus cogens in international law, the Commission itself acknowledged that the wording of the article was not so straightforward as there was no simple criterion by which a general rule of international law could be defined as having the character of jus cogens. Moreover, most of the general rules of international law are not of this nature, and therefore States can evade them by concluding treaties. Having considered the general definition of jus cogens in the Vienna Convention, it can be argued that the rule of international law can be ‘raised’ to the status of the rule of jus cogens – the imperative rule of international law – if the latter meets all the criteria. An important criterion worth noting is that imperative rules protect the interests of the whole international community: all imperative rules protect the interests of community, but not all public interests will be protected by the rules of jus cogens. The next criterion, closely related to the previous one, is that jus cogens rules protect the most fundamental ethical values of the international community, and one more – the absolute nature of the norm. But, in fact, the jus cogens category itself has more authority than its specific content. Despite the fact that none of the documents contains a comprehensive list of rules that should be considered imperative, the article provides a preliminary classification of non-derogation rules in order to illustrate some of the most obvious and applicable jus cogens norms for indicating in these examples the general nature and scope of the rule contained in Article 53. Key words: jus cogens norms; imperative norms; international law.

Part II Predominant Security Challenges and International Law, National and Transnational Security, Ch.10 International Law and State Failure

2021 ◽  
Author(s):  
McLaughlin Rob
Keyword(s):  
International Law ◽  
International Community ◽  
State Failure ◽  
Minimum Level ◽  
Security Framework ◽  
Global Security ◽  
Working Definition ◽  
Security Challenges ◽  
Definition Of

This chapter examines the concept of State failure from the perspective of international law as it concerns the facilitation, regulation, and occasionally the degradation of global security. International law, in this context, is primarily conceptualized as an enabler for security-informed responses to the phenomenon of State failure. International law approaches State failure from the perspective of restorative legal and institutional facilitation, with a structural predilection for a State-centric security framework. This has resulted in the nexus between ‘State failure’ and international law being dominated by two interlinked purposes: (1) promoting the normative continuity of ‘Stateness’ for failed entities; and (2) managing the transition back to a minimum level of stable ‘Stateness’ with the least harm to the population and the international community. Ultimately, international law’s approach to State failure is primarily one of remedy, not of acceptance. The chapter seeks to evolve a working definition of ‘State failure’ from an international law perspective and assesses the adequacy of selected modes and indicators by which international law may recognize State failure.

Book VII Treaties and Treaty-Making, 31 Treaties and other International Instruments—I General Definition, Treaty Formalities

2016 ◽  
Author(s):  
Berman Frank ◽  
Bentley David
Keyword(s):  
International Law ◽  
International Organizations ◽  
General Definition ◽  
Definition Of ◽  
International Instruments

This chapter provides a general definition of treaties and their formalities. As there is no single, all-embracing definition of the term ‘treaty’ the chapter instead reviews particular aspects of the general definition of treaties: the agreements involving international organizations and oral agreements, the requirement that agreement should be governed by international law, and the instruments not intended to give rise to legal relations. The chapter then closes its first section with questions of form and terminology. The chapter also deals with the formalities in the drawing up of treaties. These are: the initialling and signatures, the preparation of signature texts, the languages used in the treaties, and registration and publication of treaties.

The E.U.'s Definition of Terrorism: The Council Framework Decision on Combating Terrorism

2004 ◽  
Vol 5 (5) ◽  
pp. 585-602 ◽  
Author(s):  
Eugenia Dumitriu
Keyword(s):  
United Nations ◽  
International Law ◽  
International Community ◽  
Framework Decision ◽  
Freedom Fighters ◽  
Long Time ◽  
Multiple Resolutions ◽  
Definition Of ◽  
Terrorist Acts ◽  
International Conventions

Terrorist acts have, for a long time, constituted a major concern for the international community. Yet the definition of terrorism has represented an area of international law where the divergence of views between States was significant. For some, the protection of the State and of the democratic values of the society laid at the heart of the debate, whereas others were more concerned with the risk of an unjustified repression of “freedom fighters.” These approaches, although apparently complementary, have proved to be irreconcilable in practice. At the United Nations’ level, this division of the international community prevented the emergence of a consensus over a horizontal definition of terrorism. This situation,-paradoxically did not impede the adoption of several international conventions dealing with specific aspects or forms of terrorism as well as of multiple resolutions on this issue.

Abuja Peoples of Nigeria as Indigenous Peoples in International Law

2018 ◽  
Vol 25 (3) ◽  
pp. 431-457 ◽  
Author(s):  
Sylvanus Gbendazhi Barnabas
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Child Rights ◽  
International Child ◽  
The Subject ◽  
Definition Of ◽  
International Instruments ◽  
Diverse Cultures ◽  
Agreed Definition

There is no agreed definition of indigenous peoples (IPs) as the international community has not agreed to any. However, an examination of international instruments and literature on the subject presents a picture. This article examines the definition of IPs and its relevance to Africa. The case study of Abuja, Nigeria is used as a vehicle to challenge the existing descriptions of IPs. It argues that international law should expand its definition of IPs to include collectives of peoples with diverse cultures in Africa. Analogical insights are drawn from international child rights law to advance the argument that international law on IPs’ rights can learn from the evolution of international children’s rights law.

Counterterrorism and International Law

2019 ◽  
pp. 658-676
Author(s):  
Andrea Bianchi
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Paradigm Shift ◽  
Holistic Approach ◽  
International Community ◽  
The Other ◽  
International Terrorism ◽  
Institutional Policies ◽  
The Rule Of Law

This chapter is an attempt at assessing the overall response provided by the international community, and the main normative strategies pursued by international law in countering international terrorism. To find concrete ways in which the coordination of norms and institutional policies can lead to the implementation of an effective holistic approach to fighting terrorism is the challenge lying ahead for the international community. The chapter argues that respect for human rights and the rule of law may play a central role in this process, by contributing to its legitimacy and increasing its chances of efficacy and stability in the long term. The other new challenge and the real paradigm shift, particularly at times of increasing terrorist violence, lies in thinking of counterterrorism as a precondition for economic growth and sustainable development.

Whether the Criteria Contained in the 1989 International Convention against the Recruitment, Use, Financing and Training of Mercenaries Notably Motivation Apply to Today’s Foreign Fighters?

2016 ◽  
Vol 18 (5) ◽  
pp. 400-417 ◽  
Author(s):  
José L. Gómez del Prado
Keyword(s):  
International Law ◽  
Self Determination ◽  
International Convention ◽  
Jus Ad Bellum ◽  
Additional Protocol ◽  
Definition Of ◽  
The Right ◽  
Foreign Fighters ◽  
International Law Commission ◽  
And Training

To protect the right of peoples to self-determination enshrined in its Charter, the United Nations adopted instruments to fight against mercenary activities and the crime of mercenarism. These actions were developed within the context of Jus ad bellum or the prerequisites, established in the un Charter, under which States may resort to the use of armed force. In 1991, un abandoned the recommendation made by the International Law Commission to maintain the crime of mercenarism in the code of crimes against the peace and the security of mankind. Instead, un adopted the 1989 Convention which definition of mercenary based on Article 47 of Additional Protocol i under jus in bello, sets out a number of prerequisites revolving around the foreign character of the mercenary and his motivation. Such conditions are at the origin of the difficulties to apply the 1989 Convention that has proved unworkable to deal with the phenomenon of mercenarism.

scholarly journals UŻYWANIE DRONÓW W CELU ZWALCZANIA TERRORYZMU ŚWIETLE ‘IUS AD BELLUM’

2016 ◽  
Vol 16 (2) ◽  
pp. 141 ◽  
Author(s):  
Łukasz Kułaga
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Point Of View ◽  
International Terrorism ◽  
Controversial Issues ◽  
Legal Regulations ◽  
Definition Of ◽  
The Right ◽  
The Military ◽  
Self Defence

The Use of Drones in Combating International Terrorism from the Perspective of ‘ius ad bellum’Summary The increasing practice of using armed unmanned aerial vehicles (military UAVs, commonly known as drones) by some countries to eliminate suspected terrorists raises a number of controversies from the perspective of international law. These controversies are also related to the specific features of military UAVs, which make it possible to kill targeted individuals without risk to the military personnel of the country concerned, and thereby may encourage the abusive interpretation of the applicable legal regulations. This article discusses these issues from the perspective of ius ad bellum, in particular the right to self-defence. It shows the main controversial points on the scope of invoking the right to self-defence in such cases, in particular the possibility of invoking the right to self-defence in response to an attack by a non-state entity, the question of pre-emptive self-defence, the importance of the severity of the force used as a condition allowing for the use of force in self-defence, and the relevance of the principles of proportionality and necessity. The article also presents an outline of the vast and highly controversial issues associated with the definition of terrorism from the point of view of international law.

Sign in / Sign up

Export Citation Format

Share Document