Terrorism and international law: a study of the terrorist phenomenon, the difficulties surrounding its definition and the options available for progress

• Main Author: Keilthy, Pauline Elizabeth
• Published: University of Southampton 2009
• Subjects: 363.325
• Online Access: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.582518

The study examines the reasons which prevent agreement being reached on a definition of acts of international terrorism. The conundrum of the terrorist phenomenon raises a series of questions, not least the perceived need to define the crime comprehensively, rather than in a piecemeal, reactive fashion. The research focuses fust on the origins and growth of international terrorism, with the aim of locating the present impasse within its historical context and identifying the roots from which it developed. A study of the changing crime patterns follows, examining firstly, changes in the criminal intent over time as revealed by specific attacks and secondly, the adaptability and versatility of terrorists in altering their modus operandi to circumvent measures aimed at suppressing their activities. The profiles of some terrorist leaders past and present are then scrutinised, with the aim of identifying any significant changes in their abilities and backgrounds. Unique features of the newly established International Criminal Court are studied, absent its jurisdiction over acts of international terrorism. The viability of mounting prosecutions for acts of terrorism under the auspices of any of the crimes over which the new Court does have jurisdiction are also explored. An analysis of possible options for making progress in the light of the results of the research work follows, with the incomplete draft comprehensive convention on terrorism being the subject of a detailed examination in this context. The study concludes with an assessment of the effectiveness of current and potential legislative initiatives aimed at addressing the increasing threat to world peace posed by terrorism.