Self-Determination, Terrorism, and the International Humanitarian Law of Armed Conflict

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Martinus Nijhoff Publishers, Mar 5, 1996 - Law - 221 pages
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A preliminary definition of international terrorism was agreed by the world community in 1937. Since then, a World War and the Cold War have made any such modern consensus impossible. In particular, the UN principles of equal rights and self-determination of 'Peoples' have caused political and juridical confusion, in that liberation fighters who utilize terror methods as one tactic in an overall political strategy to achieve self-determination are frequently termed 'terrorists', and are prosecuted as such. In order to regulate wars of self-determination under international law, and to control the means and methods of warfare utilized in them, international humanitarian law (IHL) was extended in 1977 to include armed conflicts for the right to self-determination 'as enshrined in ... the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations'. Thus, acts of terrorism perpetrated during armed struggles for self-determination are separable from random acts of international violence and, when perpetrated by states or insurgent forces during wars of self-determination, may be prosecuted under IHL as war crimes. However, although states are obliged to seek out and prosecute the perpetrators of illicit acts of warfare, they rarely do so. Dr Chadwick argues that, should IHL be fully utilized during wars of self-determination, if only for purposes of guidance, the separability of illicit acts of war would enable the international community to reach consensus more easily in regard to a definition of terrorism in general, and a coordination of efforts to deter its occurrence.
 

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Contents

Discussion
6
Assessments of responsibility for violence
12
The principle as opposed to
20
Problems in defining which Peoples are entitled to use force
30
The right to wage war and the means and methods of warfare
39
The issue of choice in selfdetermination
45
External and internal selfdetermination
59
THE EFFECTS OF WARS OF SELFDETER
65
STRATEGIES BEHIND TERRORVIOLENCE
129
The use of terrorviolence to provoke the application of IHL
142
Terrorism as a grave breach of Geneva law where applicable
152
The legitimacy of the authority representing a People
158
Restraint in method and international recognition of the authority
166
Normative effects of the use of violent force to achieve the goals
174
LEGAL OBSTACLES TO PROSECUTION
179
The prosecution of Vietnam atrocities
190

The necessity to extend IHL to wars of selfdetermination
80
Protocol 1 and the use of violent force to achieve selfdeter
85
TERRORISTS AND FREEDOM FIGHTERS
92
The current legal system with particular regard to extradition
105
The failure of statecentric codifications to comprehensively
121
Obstacles to prosecution generally and the primacy of politics
196
CONCLUSION
204
Terrorism as a separable phenomenon
210
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