Terrorism’s Proscription and Core Elements of an Objective Definition
Santa Clara Journal of International Law, Vol. 8, No. 1, p. 51, 2010
19 Pages Posted: 5 Apr 2010
Date Written: April 2, 2010
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
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