Terrorism and Counter Terrorism in International Law with a Special Reference to the Indian Position

2014 ◽  
Author(s):  
Anuja Pethia
Keyword(s):  
Special Reference ◽  
International Law ◽  
Counter Terrorism

Revisiting Security Council action on terrorism: New threats; (a lot of) new law; same old problems?

2021 ◽  
pp. 1-30
Author(s):  
David McKeever
Keyword(s):  
International Law ◽  
Security Council ◽  
Counter Terrorism ◽  
Un Security Council ◽  
New Type ◽  
Recent Activity ◽  
Legislative Activity ◽  
Recent Action ◽  
Organizing Principles ◽  
Law Making

Abstract The devastating events of 9/11 triggered the adoption of Resolution 1373 (2001) by the UN Security Council, a contentious development which was much debated and was widely seen as presaging a new type of activity by the Security Council – legislating for all UN member states. And yet, in the counter-terrorism sphere at least, the Council’s legislative activity in the years following 9/11 was relatively modest. Both quantitatively and qualitatively, that activity has been far exceeded by the Council’s response to the emergence of ISIL in 2014. This more recent activity is of interest beyond the confines of counter-terrorism, but has received far less scrutiny to date. This article will remedy this gap, revisiting, in light of the recent activity, the relative merits and disadvantages of making counter-terrorism law through Security Council resolutions. It makes two main contentions. The first is that – due to some factors which were anticipated in the early 2000s and many which were not – Security Council resolutions on terrorism constitute a distinctive category of international law-making and pose serious challenges for the application of organizing principles and processes of general international law. The second is that, for these reasons as well as doubts as to the necessity and efficacy of recent action, making counter-terrorism law through Security Council resolutions should be the exception rather than the norm.

Terrorism

2012 ◽  
Author(s):  
Ben Saul
Keyword(s):  
International Law ◽  
Security Council ◽  
Use Of Force ◽  
Customary Law ◽  
International Human Rights Law ◽  
International Consensus ◽  
Counter Terrorism ◽  
Un Security Council ◽  
Per Se ◽  
The Law

International law has struggled to regulate terrorism for over a century, beginning with efforts to cooperate in the extradition and prosecution of suspects, including through unsuccessful League of Nations efforts to define and criminalize terrorism as such. Until 2001 most international attention focused on transnational criminal cooperation against terrorism, through the development of method-specific “prosecute or extradite” treaties (concerning, for instance, violence against aircraft or ships, hostage taking, or attacks on diplomats) but without defining terrorism as a general concept or crime. It may, however, be possible to qualify some terrorist acts as war crimes or crimes against humanity. Since the 1970s, there were ambivalent efforts through the UN General Assembly to develop normative frameworks to confront terrorism per se, which often came unstuck on the controversial issues of “state terrorism” and liberation movement violence. Greater consensus was achieved by 1994 with the General Assembly’s adoption of a declaration against terrorism. There appears to exist an international consensus that terrorism per se is wrongful, even if disagreement remains about identifying precisely what constitutes terrorism. The effort to deal with terrorism as such suggests that the international community views terrorism as more than its underlying physical parts, which are already crimes in most national legal systems and under certain transnational treaties. The special wrongfulness of terrorism is perhaps signified by its intimidation of civilian populations, its coercion of governments or international organizations, and its political, religious, or ideological aspect. Terrorist violence has also sometimes raised certain problems under the law of armed conflict and the law on the use of force, as well as occasionally attracted sanctions imposed by the UN Security Council. Terrorism was generally dealt with, however, through the application of general legal norms rather than through the emergence of terrorism-specific rules. After the terrorist attacks of 11 September 2001, sharper international focus was brought to bear on the legal challenges presented by terrorism and counter-terrorism in numerous specialized branches of international law (particularly in the law of state responsibility, the law on the use of force, and international humanitarian law), as well as in the institutional practices of the UN Security Council and the impacts of counter-terrorism measures on international human rights law. By 2011 the UN Special Tribunal for Lebanon even declared the existence of an international customary law crime of transnational terrorism, although that decision has proven highly controversial as not supported by state practice. Efforts to negotiate a comprehensive international convention against terrorism have continued since 2000, with disagreement remaining over the scope of exceptions. There is also now increasing debate about whether a field of international anti-terrorism law is emerging.

Counter-Terrorism: International Law and Practice

2013 ◽  
Vol 17 (3) ◽  
pp. 441-442
Author(s):  
Joshua Skoczylis ◽  
Clive Walker
Keyword(s):  
International Law ◽  
Counter Terrorism

La Cruz Roja Sudafricana y la difusión del derecho internacional humanitario

1980 ◽  
Vol 5 (41) ◽  
pp. 283-284
Keyword(s):  
Special Reference ◽  
International Law ◽  
Southern Africa ◽  
Red Cross ◽  
Public International Law

Tras el Seminario sobre la difusión del derecho internacional humanitario que tuvo lugar, el mes de agosto de 1978 en Mombasa, la Cruz Roja Sudafricana ha tratado de proseguir la tarea de difusión del derecho internacional humanitario; consideramos interesante indicar las orientaciones principales.En primer lugar, la Sociedad nacional ha editado varias publicaciones dirigidas a diferentes públicos.El estudio escrito por su presidente « La influencia de la Cruz Roja sobre el derecho internacional público, especialmente en África austral » (« The influence of the Red Cross upon Public International Law, with special reference to Southern Africa »), ha sido ampliamente distribuido en los círculos universitarios. Ademas, la Sociedad nacional insta a que los estudiantes de Derecho escriban tesis sobre temas relativos al derecho humanitario.En los otros centros de enseñanza, se encarga de distribuir numerosos ejemplares del Manual escolar y de su complemento, el Libro del Profesor, ambos publicados por el CICR.

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