Overview

Despite numerous efforts since the 1920s, the international community has failed to define or criminalize 'terrorism' in international law. This book first explores the policy reasons for defining and criminalizing terrorism, before proposing the basic elements of an international definition. Terrorism should be defined and criminalized because it seriously undermines fundamental human rights, jeopardizes the State and peaceful politics, and may threaten international peace and security. Definition would also help to distinguish political from private violence, eliminating the overreach of the many 'sectoral' anti-terrorism treaties. A definition may also help to confine the scope of UN Security Council resolutions since 11 September 2001, which have encouraged States to pursue unilateral and excessive counter-terrorism measures. Defining terrorism as a discrete international crime normatively recognizes and protects vital international community values and interests, symbolically expresses community condemnation, and stigmatizes offenders. Any definition of terrorism must also accommodate reasonable claims to political violence, particularly against repressive governments, and this book examines the range of exceptions, justifications, excuses, defences and amnesties potentially available to terrorists, as well as purported exceptions such as self-determination struggles, 'State terrorism' and armed conflicts. While this book seeks to minimize recourse to violence, it recognises that international law should not become complicit in oppression by criminalizing legitimate forms of political resistance. In the absence of an international definition, the remainder of the book explores how the international community has responded to terrorism in international and 'regional' treaties, the United Nations system, and in customary law. The final part of the book explores the distinctive prohibitions and crime of 'terrorism' in armed conflict under international humanitarian law.

Full Product Details

Author:   Ben Saul (Director of the Sydney Centre for International Law at the Faculty of Law, University of Sydney)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.50cm , Height: 2.90cm , Length: 24.20cm
Weight:   0.765kg
ISBN:  

9780199295975

ISBN 10:   0199295972
Pages:   408
Publication Date:   31 August 2006
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

Introduction: Concepts of Terrorism 1: Reasons for Defining and Criminalizing Terrorism Nature of International Crimes International Criminological Policy Terrorism as a Discrete International Crime Elements of a Definition of Terrorism 2: Defending 'Terrorism': Justifications and Excuses for Terrorist Violence Common Justifications for Terrorism Criminal Law Defences to Terrorism Circumstances Precluding Group Responsibility 'Illegal but Justifiable' Terrorism Discretion and Law: Never Negotiate with Terrorists? 3: Terrorism in International and Regional Treaty Law Transnational Criminal Law Treaties Treaties of Regional Organizations Attempts at Definition in Treaty Law 1930 - 2005 4: Terrorism in Customary International Law UN General Assembley Practice UN Security Council Practice Judicial Decisions Defining Terrorism National Terrorism Legislation 5: Terrorism in International Humanitarian Law Early Developments 1919 - 1948 Second World War and Aftermath 1939 - 1948 1949 Geneva Conventions and 1977 Protocols International Criminal Tribunals since 1993 Individual Criminal Responsibility for 'Terrorism' Customary Crimes of Terrorism in Armed Conflict US Military Commissions and 'Terrorism' No Separate Category of 'Terrorist' Conclusion: Proving Terror, Avoiding Duplication Conclusion Bibliography

Reviews

`a study that is highly impressive in its comprehensiveness and depth of analysis. It is this balanced approach and detail of analysis that make this study so valuable and that will undoubtedly establish it as the essential starting point for any further attempts to define terrorism in international law.' Human Rights Law Review (2007) `This book is immediately recognizable for its thoroughness in research and meticulousness in detail. the usefulness of the book in the overall development of a coherent legal framework for fighting terrorism is assured.' Chinese Journal of International Law (2007) `Ben Saul's book is an exceptional study of the issue. Despite the fact that many scholars have written extensively on terrorism, this book is exemplary of fine scholarship and deserves a wide readership. Saul's book is erudite, clear, and informative without being turgid. The author makes interesting and stimulating points, thus opening up the reader's horizons to further reflect on the issue. The arguments employed are strengthened by extensive empirical research. Given the persistent disagreement about defining terrorism over many years this book is highly educative.' European Law Journal (2008) `He deftly addresses one of the trickiest issues in defining terrorism - how to treat asymmetric warfare in self-determination movements. It is quite thorough in its detail making the monograph useful as a reference text. Throughout the monograph, Saul maintains an even-handed tone - even when discussing potentially inflammatory matters such as the Israeli-Palestinian conflict. Saul's monograph lays out a strong case for addressing terrorism on the international level as a crime and presents a coherent framework for doing so. a good start toward making international law relevant to post-9/11 terrorism.' American Journal of International Law (2007) `One can recommend this book to everyone interested in the problematic of terrorism.' Panstwo I Prawo (Poland) (2008) `the book provides a sophisticated study of the definition of terrorism in international law. It is a comprehensive and important contribution to the existing literature.' Irish Yearbook of International Law (2006)

An important exploration of the public policy need to define terrorism, which is necessary in formulating the basic elements of a consensual international definition with the power to criminalize such acts. * Joshua Sinai, Perspectives on Terrorism * This book deserves to be called 'seminal', for there are no other works that provide such an in-depth examination and analysis of the concept of terrorism. * Legal Studies, Vol.29, No.1 *

This book deserves to be called 'seminal', for there are no other works that provide such an in-depth examination and analysis of the concept of terrorism. Legal Studies, Vol.29, No.1

Author Information

Dr Ben Saul BA(Hons) LLB(Hons) DPhil (Oxon) is a Lecturer in the Faculty of Law at the University of New South Wales (Sydney), the Director of the Bill of Rights Project at the Gilbert + Tobin Centre for Public Law, and an Associate of the Australian Human Rights Centre. Previously, at the University of Oxford he completed his doctorate in law, tutored in international law, lectured at the Refugee Studies Centre, trained foreign diplomats in international law, and helped to coordinate the Oxford Public Interest Lawyers and the Oxford Public International Law Discussion Group. His co-authored books include Future Seekers: Refugees and the Law in Australia (Federation Press, Sydney, 2002) and In Search of Asylum: Refugees and Irregular Migration in Australia (Federation Press, Sydney, forthcoming 2006). He has published widely in international law journals and presented numerous lectures and seminar papers in Australia and internationally. Ben has been a legal expert for the UN Committee on the Inalienable Rights of the Palestinian People, conducted human rights training of Bhutanese refugees in Nepal for UNHCR, monitored election violence in Sri Lanka for the International Commission of Jurists, assisted a member of :qe UN Human Rights Committee in Geneva. Ben has frequently appeared in Australian parliamentary inquiries into anti-terrorism and refugee legislation. He is a member of the International Law Association, the International Commission of Jurists, the European Society of International Law, the American Society of International Law, and the Australian-New Zealand Society of International Law.

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