Criminal law vs. Terrorism: In what extent could criminal law criminalise terrorism?

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TABLE OF CONTENTS

Introduction1

Background of the Study1

Problem statement2

Purpose of the Study3

Research Question3

Literature Review4

Definition of Terrorism4

Terrorist Activities Prior to any Terrorist Legislation5

Current Terrorism Legislation7

Harm principle8

Methodology8

Research Design8

Research Approach9

Theoritical Framework9

Summary9

BIBLIOGRAPHY11

CRIMINAL LAW VS TERRORISM: IN WHAT EXTENT COULD CRIMINAL LAW CRIMINALISE TERRORISM?

Introduction

Background of the Study

This thesis examines the evolution of the classification of legal entities involved in and affected by hostilities and the classification of their specific actions under the laws of war. It further explores the definition of terrorism and the inability of current international laws to sufficiently address this evolving type of crime. In the absence of an internationally accepted method of classifying and adjudicating these acts, several nations have either incorporated prohibitions against acts of terrorism in domestic penal codes or through the passage of specific counter-terrorism legislation, which are then adjudicated under various legal procedures. This thesis examines the policies of these nations and analyzes their similarities and differences in terms of their potential support for the definition of terrorism and procedure for the establishment and implementation of a comprehensive international treaty to counter terrorism proposed by this thesis.

In light of the absence of prohibitions under international law and the varied global definitions of terrorism, this thesis proposes a definition of terrorism for use in the drafting of a comprehensive treaty for countering terrorism. Based on this definition, a procedure is outlined for the drafting, implementation, and enforcement of such a treaty. As a basis, for potential international support of the proposed definition and the legal procedures proposed for inclusion in said treaty, an analysis of the current classification and adjudication procedures is provided in this study. This analysis includes an outline of current international endeavours, as well as legal provisions and procedures under various domestic policies, including rulings of recent United States courts as pertaining to alleged terrorist detainees.

Problem statement

The international community periodically faces threats to the peace and security of its members. Presently, it faces the threat of terrorism manifested through various means, including the bombing of buildings, transportation networks, public facilities, and suicide bombings. The international community has condemned terrorism; the United Nations (UN) is committed to eradicating it; and states are undertaking their own individual efforts to guard against the occurrence of these acts. Terrorism, however, is not new. Terrorist acts have occurred in the past, with many of these acts occurring at the behest of national liberation groups either on an intra-state basis, or across neighbouring states. However, the events of September 11, 2001, as well as the additional terrorist attacks in Madrid, Chechnya, Nairobi, London, Amman, and Bali, and the recurring threat of further attacks, have refocused world attention on the problem of international terrorism.

According to the US Department of State, many of today's terrorist groups are motivated by political or religious beliefs? Al Qaeda, an Islamic-fundamentalist terrorist organization with a strong international network of individual cells, has claimed responsibility for the September 11 attack and has vowed more attacks on the ...