By Adil E. Aziz SA 2014 Topic Seven The lack of a precise definition of terrorism does not necessarily mean that states are relieved of their obligations to refrain from participating in or supporting acts of terrorism. Discuss. Early attempts to define ‘Terrorism’ in International Law In the field international law they were many attempts to arrive at a generic definition of terrorism in order to prohibit and criminalize such acts. In 1920’s-30’s was the first attempt by the international community to exclude terrorist ‘outrages’ such as the assassination of state officials. Those cases particularly started by the end of 19th century and gradually, people systematically started defining terrorism as an international criminal offence, ultimately, gathering momentum in the 1920’s and 30’s (Saul, 2005,p58). League of Nations Convention: One of the earliest attempts to define terrorism as an international crime was undertaken by the League of Nations between 1934-1937. It followed the assassination of the King Alexander I of Yugoslavia in October 1934 (2005,p61). 1954 ILC Draft Code: This time it was an attempt by The International Commission, which considered terrorism when drafting its 1954 Draft Code of offences against the Peace and Security of Mankind (Part1), although this draft was never formally adopted by the General Assembly in treaty form. 1972 US Draft Convention: in response to the terrorist attack on Israeli athletes at the Munich Olympics in September 1972 (2005,p66) 1991 and 1996 ILC Draft Code of Crime: compared with the 1954 draft, this provision partially incorporates the 1937 League definition. It also added the notions of ‘organisation and ‘financing’ and included an express reference to acts against property (p70) 1998 Draft Rome Statute: as part of the Draft of Rome Statute 1998, presented to Rome Diplomatic Conference; it included three new offences (p72). 1996 Draft Nuclear Terrorism Convention: Between 1997 and 2000 an Ad Hoc Committee established by the General Assembly in 1996, successfully drafted the 1997 Terrorist Bombings Convention and the 1999 Terrorist Financing Convention (p74). 2000 Draft Comprehensive Convention: by the General Assembly Ad Hoc Committee. United Nations and defining Terrorism: To consider the UN measures to define “Terrorism” it is obvious that the General Assembly prior to 2001 reflecting the structural dichotomy between the Assembly as the “soft UN” and the Council as the “hard UN” therefore, international discussion over the complex political and legal problem of defining terrorism has historically been centered on the General Assembly. There has been little scrutiny of the breadth of council resolutions on terrorism before and after 11 September furthermore, sometimes there are contradictory history of council efforts to confront terrorism before and after 11 September (saul, 2005,p7). And here if could ask which council measures have contributed to the formation of customary norms of the definition of terrorism. However, various resolutions after 1985 designated specific incidents, and types of violence by and against various actors, as terrorism (Peter, 2002,p11).
Posted on: Thu, 25 Dec 2014 20:25:02 +0000
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