Charting evolving understandings of terrorism over time, including in 20th-century anti-terrorism treaties, this article considers the possible elements of a definition of terrorism. It concludes that no universal definition exists and suggests how states may use the law of state responsibility and the law of use of force to combat terrorism.
Key internet links on Terrorism Law – Parliament of Australia
Higgins, Rosalyn. Edited by Rosalyn Higgins and M. Flory, London: Routledge, It argues that terrorism has usually been dealt with by recourse to general norms and institutions of international law, without a demonstrable need for new terrorism-specific rules or responses—despite efforts to define it. Saul, Ben.
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Sign in via your Institution. Sign in with your library card. Related Articles about About Related Articles close popup. Introduction 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.
General Overviews There are few book-length overviews of terrorism and international law, not least because traditionally most scholars have not perceived the existence of a discrete field of international anti-terrorism law as such Higgins , Guillaume , though this is changing Moeckli , Saul First, it may lead to statelessness.
Second, it often implies direct or indirect discrimination against naturalised citizens, which is contrary to Article 9 of the Convention on the Reduction of Statelessness and Article 5. Third, deprivation of nationality might occur without adequate procedural safeguards, especially if it is decided following administrative proceedings, without any judicial control, thereby raising issues under Articles 6 right to a fair trial and 13 right to an effective remedy of the European Convention on Human Rights.
Fourth, in certain circumstances, the deprivation of nationality following a criminal conviction may violate the right not to be tried or punished twice for the same offence ne bis in idem Article 4 of Protocol No. The use of the deprivation of nationality must be in accordance with the standards stemming from the European Convention on Human Rights and other relevant international legal instruments. Any deprivation of nationality for terrorist activities shall be decided or reviewed by a criminal court, with full respect for all procedural guarantees; shall not be discriminatory; shall not lead to statelessness; shall have suspensive effect; shall be proportionate to the pursued objective and shall be applied only if other measures foreseen in domestic law are not effective.
Failure to apply these safeguards may result in the deprivation of nationality being arbitrary. Preventive deprivation of nationality, without judicial control, must be avoided. The deprivation of nationality of a parent must not lead to the deprivation of the nationality of his or her children.
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Such a practice goes against the principle of international co-operation in combating terrorism, reaffirmed, inter alia , in United Nations Security Council Resolution , which aims at preventing foreign fighters from leaving their State of residence or nationality, and may expose local populations to violations of international human rights and humanitarian law. In this context, deprivation of nationality is an ineffective anti-terrorism measure and may even work against the goals of counter-terrorism policy. Moreover, it may have a strong symbolic function but a weak deterrent effect.
The Assembly therefore calls on the member States of the Council of Europe to: 9.
This guidance must promote narrow interpretation which takes into account human right standards and the duty to not discriminate or be arbitrary;. Council of Europe. National parliaments. International partners.
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