Lecture notes

Counterterrorism in International Human Rights Law pre & post 9/11

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Module
International Human Rights Law

Institution
University Of Glasgow

MSc level lecture notes on counterterrorism in international law. Definitions of terrorism in international law and customary law. Changes in counterterrorism approaches pre and post 9/11 in international law. Summary of UNSCR 1373. Case study example of Guantanamo Bay. Easy to read - all terms de...

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Uploaded on February 1, 2021
Number of pages 4
Written in 2017/2018
Type Lecture notes
Professor(s) Dr anni pues
Contains All classes

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COUNTERTERRORISM IN INTERNATIONAL LAW

What is the role of international treaties in the fight against terrorism?
Paradigm shift – post and pre 9/11)
Identify main strategies for combatting terrorism

DEFINITION

Article 2 (1) – Convention on the Suppression of Financing Terrorism - Definition of terrorism

Customary law definition – Appeals Chamber Special Tribunal for the Lebanon
3 key elements:
1. The perpetration of a criminal act such as murder, kidnapping, hostage-taking, arson, and so on,
or threatening such an act
2. The intent to spread fear among the population which would generally entail the creation of
public danger, or directly or indirectly coerce a national or international authority to take some
action, or to refrain from taking it
3. When the act involves a transnational element

UN Draft Comprehensive Terrorism Convention – under negotiation since 2000 – can’t agree on a
definition
Whether or not it should include objects
Whether or not it should include military activities by the state
Participation/Contribution would be criminalised = violent demonstrations would fall within its
scope (eg. London riots would be considered a terrorist attack)

Points to consider
> Terrorism manifests itself in different ways
> Past issues of struggles of colonialism
> State terrorism
> Whether activities of military forces in exercising official duties should be included

Pre-9/11 – Through sectoral action terrorism could be deterred
> Decentralised and sectoral (national legislation)
> States had same patterns to deal with terrorism – these reactions led to agreement of a number of
specific conventions between the 60s and 80s

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