The future of the draft UN Convention on international terrorism
| Published date | 18 September 2017 |
| Pages | 233-247 |
| Date | 18 September 2017 |
| DOI | https://doi.org/10.1108/JCRPP-09-2016-0020 |
| Author | Sara De Vido |
| Subject Matter | Health & social care,Criminology & forensic psychology |
The future of the draft UN Convention
on international terrorism
Sara De Vido
Abstract
Purpose –The paper is meant to analyse the debate over the revival of a comprehensive convention on
international terrorism. The purpose of this paper is to demonstrate that a United Nations (UN)
Convention on international terrorism is still necessary –provided that it is updated considering the new
challenges that have recently emerged –and could be complemented by an annex containing the
list of terrorist organisations, the determination of which is of common concern of the entire
international community.
Design/methodology/approach –The analysis is conducted from an international law perspective.
The paper uses a comparative perspective –counter-terrorism, Antarctic and ICAO system - to support the
main argument.
Findings –The paper proposes an annex to the convention including a list of terrorist organisations. Some
terrorist organisations are unanimously labelled as terrorist and therefore this list will be useful in developing
cooperation among States. A system of revision is also presented; a systemwhich emphasises the role of the
UN Ombudsperson.
Research limitations/implications –The proposal presented does not delve into the content of the
convention which should be based on the draft prepared by the UN General Assembly ad hoc Committee
and should take into account the most recent forms of terrorism. The paper does not provide an answer to all
the questions, and it does not linger over the tragedy of civilians living in Syria and Iraq who have been
deprived –starting long before the rise of the Islamic State –of their land and lives.
Practical implications –Revival of the debate on the draft convention –proposal for a renewed role of the
Ombudsperson –legal implications of a list annexed to a convention on international terrorism –importance
of multilateral cooperation in the field.
Originality/value –The paper is innovative in changing the perspective of the problem. The point of view
regarding the definition of international terrorism has usually been the following: to find a common definition of
international terrorism trying to overcome all the differences regarding general exceptions. The proposed
perspective is to find the lowest common denominator for the definition and to identify organisations on which
States cannot but agree on their condemnation.
Keywords International law, Antarctic system, ICAO system, International terrorism, List, Terrorist organisations
Paper type Research paper
Introduction
International terrorism is a phenomenon on which States have been unable to reach a common
definition over the decades. Nonetheless, after the emergence of entities like Al-Qaida and
Da’esh[1], the international community –a term which we consider as encompassing States,
internationalorganisations, but also civil society[2] –has reached a sort of convergence on the fact
that some groups must be considered as terrorists. Some entities, because of their nature, their
methods and practice, are indubitably “labelled”as terrorist by States from different areas of the
world. Accordingly, the United Nations (UN) Security Council (SC) Resolution No. 2170/2014,
unanimously adopted on 15 August 2014, a firm condemnation of “ISIL, ANF and all other
individuals, groups, undertakings and entities associated with Al-Qaida for ongoing and multiple
criminal terrorist acts aimed at causing the deaths of civilians and other victims”, therefore clearly
recognising the terrorist nature of these organisations[3]. The condemnation has been reiterated
through UN SC ResolutionNo. 2199/2015, adopted by unanimity on 12 February 2015. After the
Received 24 September 2016
Revised 3 January 2017
Accepted 10 March 2017
Sara De Vido is an Assistant
Professor of International
Law at the Department of
Economics, Università Ca’
Foscari, Venezia, Italy.
DOI 10.1108/JCRPP-09-2016-0020 VOL. 3 NO. 3 2017, pp.233-247, © Emerald Publishing Limited, ISSN 2056-3841
j
JOURNAL OF CRIMINOLOGICAL RESEARCH, POLICY AND PRACTICE
j
PAGE233
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