Terrorism has never been defined in international law. This book examines the many failed attempts by the international community and the United Nations since the 1920's to define and criminalize terrorism, including heated debates about 'freedom fighters' and 'State terrorism'. It clearly explains why the international community should define and criminalize terrorism, how it should define it, and what it should exclude from the definition of terrorism. In doing so, it explores the difficult legal, ethical and philosophical questions involved in deciding when political violence is, or is not, permissible.
Introduction Concepts of Terrorism I Terrorism in International Humanitarian Law Early Developments 1919 - 1938 Second World War and Aftermath 1939 - 48 The 1949 Geneva Conventions and 1977 Protocols International Criminal Tribunals Since 1933 Individual Criminal Responsibility for 'Terrorism' Customary Crimne of Terrorism in IHL US Military Commissions and 'Terrorism' 2 Terrorism in International and Regional Treaty Law Transnational Criminal Law Treaties Treaties of Regional Organizations Attempts at Definition in Treaty Law 1930 - 2004 3 Terrorism in Customary International Law US General Assembley Practice UN Security Council Practice Judicial Decisions Defining Terrorism National Terrorism Legislation 4 Reasons for Defining and Criminalizing Terrorism Nature of International Crimes International Criminological Policy Terrorism as a Discrete International Crime Further Considerations 5 Justifications, Excuses, and Defences for Terrorism Common Justifications for Terrorism Criminal Law Defences to Terrorism Circumstances Precluding Group Responsibility 'Illegal But Justifiable' Terrorism Conclusion Bibliography
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