XXI. Terrorism: The Proper Law and the Proper Forum?
International Law Studies › Nbr. 79, January 2003
Linked as:
Extract
XXI. Terrorism: The Proper Law and the Proper Forum?
Introduction The horrific events of 11 September 2001 changed the whole concept of terrorism in the minds not only of Americans but of many other people throughout the world. The atrocities perpetrated by al Qaeda that day were on a scale that was hitherto (and, we must all hope, for ever after) unparalleled. It is obvious, however, that terrorism did not begin that day. It is also a mistake to conceive of terrorism as something exclusively, or even primarily, directed against the United States. It is almost certainly the case that more lives were lost to terrorism in Algeria during 2001 than were cut short by the murders committed at the World Trade Center and the Pentagon but the names of Algeria's terrorist victims are unlikely ever to be recorded. To see the events of 11 September 2001 as the worst case of a phenomenon which has afflicted most of the world for many years, rather than as something unique, is in no way to diminish their horror, still less to excuse the conduct or minimize the evil of those responsible. It is, however, an important step which needs to be taken in understanding terrorism and seeking to combat it. A successful strategy against terrorism has to be based on a recognition 1. Christopher Greenwood is Professor of International Law at the London School of Economics and Political Science.
that it is an international phenomenon, the fight against which requires international cooperation on a scale which is all too rare. That is particularly the case with attempts to bring terrorists to justice. In some respects the record of international cooperation since September 2001 is encouraging-the unprecedented action taken by the United Nations Security Council, and the number of ratifications which the main anti-terrorism treaties are now attracting, the broad coalition which cooperated in destroying al Qaeda's presence in Afghanistan all demonstrate what can be achieved by the international community when it works cohesively. But that is only part of the picture. Serious differences remain about the law to be applied to acts of terrorism, attempts to characterize terrorists as combatants in a war, the forum before which terrorist acts can be tried and a host of other issues. The purpose of this paper will be to e...See the full content of this document
Sponsored links
