The Emerging International Law of Terrorism

Indian Yearbook of International Law and Policy, pp. 163-192, 2009

Sydney Law School Research Paper No. 10/108

20 Pages Posted: 29 Oct 2010

See all articles by Ben Saul

Ben Saul

The University of Sydney Law School

Date Written: October 29, 2010

Abstract

Until recently, terrorism been addressed under existing frameworks of the law on the use of force, humanitarian law and human rights law, or under sectoral treaties dealing with particular offences. This article asks whether there is now an emerging ‘international law of terrorism’ or ‘global anti-terrorism law’ of which it is possible to speak with increasing confidence, just as one can speak of specialised (or self-contained) regimes on the law of the sea, or of human rights, or international environmental law. It identifies key recent patterns in response to contemporary terrorism: (1) new or emerging anti-terrorism norms (in the criminal and financing fields) which can be properly called international anti-terrorism law; (2) an increasing clarification or particularization of general norms in their application to terrorism, usually without generating ‘new’ law as such; and (3) the continuing application of unaltered general norms to the problem of terrorism. While the focus is on developments in international criminal law and anti-financing law, the article also broadly charts the key trends in the law on the use of force, humanitarian law and human rights law.

Keywords: terrorism, international law, criminal law, terrorist financing

JEL Classification: K01, K14, K30, K33

Suggested Citation

Saul, Ben, The Emerging International Law of Terrorism (October 29, 2010). Indian Yearbook of International Law and Policy, pp. 163-192, 2009; Sydney Law School Research Paper No. 10/108. Available at SSRN: https://ssrn.com/abstract=1699568

Ben Saul (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

HOME PAGE: http://https://sydney.edu.au/law/about/people/profiles/ben.saul.php

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