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.

Signed __________________ Date _________________

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 ...