Criminal law vs. Terrorism: In what extent could criminal law criminalise terrorism?
by
ACKNOWLEDGEMENT
I would like to take this chance for thanking my research facilitator, friends & family for support they provided & their belief in me as well as guidance they provided without which I would have never been able to do this research.
DECLARATION
I [type your full first names & surname here], declare that this dissertation represents my own work, except where due acknowledge made, and that it has not been previously included in a thesis, dissertation or report submitted to the University or any other institution for a degree, diploma or other qualification.
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ABSTRACT
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. This research study dealt extensively with various Issues regarding terrorism. This study focused on ascertaining the existence of a terrorism definition by examining the various international conventions dealing with terrorism. While the conventions and resolutions have varying definitions of terrorism, there is a growing consensus about what terrorism entails, although some disagreement still exists over the inclusion or non-inclusion of freedom fighters in this definition. It is concluded that though researchers await the draft comprehensive convention on terrorism, a working definition of terrorism already exists.
TABLE OF CONTENTS
ACKNOWLEDGEMENTII
DECLARATIONIII
ABSTRACTIV
CHAPTER # 1: INTRODUCTION1
Background of the Study1
Problem statement2
Purpose of the Study3
Research Question3
Structure of Dissertation4
CHAPTER # 2: LITERATURE REVIEW5
State Responsibility, Terrorism and International Law5
Pre-9/11 Counter-Terrorism Law Enforcement Posture on International Terrorism7
Post-9/11 Counter-Terrorism Law Enforcement Posture on International Terrorism9
Definition of Terrorism15
UN Attempts at Defining Terrorism18
Governmental Authority over International Terrorism25
Criminal and legal support to combat terrorism and extremism28
Terrorism versus Resistance31
Terrorist Activities Prior to any Terrorist Legislation34
Harm principle35
Current Terrorism Legislation36
War Crimes37
Summary41
CHAPTER # 3: METHODOLOGY42
Research Design42
Research Approach42
Theoretical Framework42
Advantages of Secondary Research43
Disadvantages of Secondary Research43
Summary44
CHAPTER # 4: FINDINGS45
Discussion on Research Questions45
To what extent could criminal law criminalise terrorism?45
Does criminal law have any impact on terrorism practices?47
Since 9/11 officers in larger local law enforcement agencies have undertaken the duties of homeland security more than smaller local law enforcement agencies.52
Terrorism as an International Crime59
Terrorism as a Treaty Crime60
Terrorism under the ICC62
Crimes under the Jurisdiction of the ICC66
CHAPTER # 5: CONCLUSION67
Limitations and Recommendations for Future Research70
Implications for Law Enforcement71
BIBLIOGRAPHY73
CHAPTER # 1: INTRODUCTION
Background of the Study
This thesis examines the evolution of the classification of legal entities involved in and affected ...