Terrorism’s Proscription and Core Elements of an Objective Definition

Santa Clara Journal of International Law, Vol. 8, No. 1, p. 51, 2010

U of Houston Law Center No. 2010-A-10

19 Pages Posted: 5 Apr 2010  

Jordan J. Paust

University of Houston Law Center

Date Written: April 2, 2010

Abstract

This essay identifies core elements of an objective definition of terrorism as well as various words and phrases that others have used that are not part of an objective definition. In particular, an objective definition of terrorism must involve an intent of the perpetrator to produce a terror outcome as well as the existence of a terror outcome. The international community has recognized that terrorism is an international crime at least since 1985, but the community has been unable to agree on a definition or various core elements of a definition. This essay provides a possible basis for agreement by focusing on objective elements that can be used to identify what terrorism actually involves.

Keywords: aut dedere, core elements, definition, Geneva Convention, human right, ICC, international crime, meaning, targeting, terror outcome, terrorism, U.N. Charter, war crime

Suggested Citation

Paust, Jordan J., Terrorism’s Proscription and Core Elements of an Objective Definition (April 2, 2010). Santa Clara Journal of International Law, Vol. 8, No. 1, p. 51, 2010; U of Houston Law Center No. 2010-A-10. Available at SSRN: https://ssrn.com/abstract=1583437

Jordan J. Paust (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

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