Terrorism
| Author | Michael Lawless |
| Published date | 01 March 2008 |
| Date | 01 March 2008 |
| DOI | http://doi.org/10.1177/002070200806300112 |
| Subject Matter | Article |
Michael Lawless
Terrorism
An international crime
| International Journal | Winter 2007/08 | 139 |
The 21st century has seen a marked increase in the prevalence of failed and
failing states and an equally significant increase in acts of domestic and
international terrorism.1The challenge at the present time is for the inter-
national community of nations to adopt a common approach to the treat-
ment of terrorism as an international crime. This article argues that terror-
ism is an international crime and as such requires the international com-
munity to act in the prevention of terrorism and the sanction of individuals
perpetrating acts of terrorism. In this respect, the events of 11 September
2001 have presented an opportunity for internationalist forces to come to
the forefront of the global political agenda. With an international war on ter-
rorism seemingly being sanctioned by the United Nations, it is time for the
crime of terrorism—as the act of a nongovernmental organization—to
become a part of the universal responsibility of nations, with that responsi-
bility further delegated to an international institution such as the
International Criminal Court for prosecution and subsequent sanction.
Michael Lawless is a partner in the Victoria law firm of McConnan Bion O'Connor
and Peterson.
1 This article is based upon the author’s presentation at the 7th annual Canadian con-
ference on ethical leadership, delivered on 29 November 2006 at the Royal Military
College of Canada.
| Michael Lawless |
| 140 | International Journal | Winter 2007-08 |
This article will discuss the current status of terrorism as an interna-
tional crime. In this respect, a review of existing treaties and conventions
dealing with discrete elements of terrorism will be presented, followed by
the identification of the definitional problem of what exactly constitutes ter-
rorism. The article will conclude with a review of the current state of inter-
national criminal law and argue that the lack of a precise agreed-upon def-
inition of terrorism in the international community does not detract from
the criminality of the act, but rather simply provides an excuse for states to
not meet their obligations under the law.
It is generally accepted that “international crimes” are considered so
heinous that any member of the community of nations may prosecute the
offender. An early example of a crime deemed to be universal and for which
any nation may claim jurisdiction is piracy. Other international crimes
include slavery, war crimes, hijacking and sabotage of civil aircraft, and
genocide. Much as piracy developed into an international crime, obligating
each state to take positive steps to prevent piratical acts, states are equally
charged in the modern world circumstance to take positive steps to prevent
terrorism and to effect sanction upon convicted terrorists. This obligation
extends to the requirement for states to either bring purported terrorists with-
in the sphere of domestic criminal law or to turn over those accused of ter-
rorism to the international community of nations for trial and sanction (upon
conviction) before the International Criminal Court or a similar judicial insti-
tution.
Although there may be numerous legitimate critiques of how and
under what circumstances individuals will be subject to international legal
institutions, it is clear that the international community has continued to
apply international criminal law to individuals. Further, it is clear that the
international community has effectively established both ad-hoc and per-
manent judicial institutions for the trial and sanction of individuals found
to have breached international criminal law. The matter that remains out-
standing at the present time is to assess the current international position
on terrorism as a crime under international law and the effect of any such
determination of criminality.
THE CURRENT STATE OF INTERNATIONAL LAW PROHIBITING TERRORISM
At the present time, 13 international conventions or protocols exist that pro-
hibit specific acts of terrorism. These agreements have been developed and
are maintained under the auspices of the UN and stand as the expressed
will of the world community.
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