The Emerging International Law of Terrorism
Indian Yearbook of International Law and Policy, pp. 163-192, 2009
20 Pages Posted: 29 Oct 2010
Date Written: October 29, 2010
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: Suggested Citation