Abstract
Terrorism is a global phenomenon that permeates state borders and predominantly causes immeasurable suffering to civilians. The need for international cooperation and concerted efforts in combating terrorism cannot be gainsaid. Already, sectoral instruments have been passed to regulate certain aspects of terrorism. However, without a single terrorism specific instrument, acts of terrorism generally classified will fall under spheres of international law which include; public international law, international criminal law, international humanitarian law, human rights and refugee law. This paper makes a critical analysis of these spheres of international law and how they apply to states’ counter-terrorism efforts.
Highlights
States are required to take measures and cooperate with each other in order to maintain international peace and security within their international obligations.[1]
Without a single terrorism specific instrument, acts of terrorism generally classified will fall under spheres of international law which include;public international law, international criminal law, international humanitarian law, human rights and refugee law.This paper makes a critical analysis of these spheres of international law and how they apply to states’ counter-terrorism efforts
The second interrogates the justification of the use of force in combating terrorism and whether it falls within the purview of the provisions of the Charter of the United Nations (UN Charter) on self-defence
Summary
States are required to take measures and cooperate with each other in order to maintain international peace and security within their international obligations.[1]. Noting the absence of a comprehensive internationally binding terrorism specific instrument, it is important to interrogate the interplay between the different spheres of international law and terrorism and attempt to find a balance. In this discourse, this paper is divided into five parts. Nabil Mokaya Orina terrorism within international criminal law while showing its connection with international crimes. The third explores the difficulties in classification of the fight against terrorism as a precursor in determining which regime of law is to be applied. The fourth explores the linkage between refugee law and terrorism. The paper concludes that modification and balancing will be vital to ensure the ‘fight against terrorism’ respects the rule of law
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