The definition of terrorism: international legal regulation and policy

Abstract

This chapter addresses the complex and contentious issue of defining terrorism within international law and policy. Despite the severe threat that terrorism poses to international and national security, resulting in significant loss of life and the disruption of societal stability, a universally accepted definition of terrorism remains elusive. This paper aims to clarify the current definitions and the challenges in reaching a consensus. The research investigates the various international and regional definitions of terrorism, examining key documents and conventions, such as the United Nations Global Counter-Terrorism Strategy, the EU Terrorism Situation and Trend Report (TESAT), and other significant treaties and resolutions. Through a comparative analysis, the study identifies the core elements commonly recognized in these definitions: the unlawful and intentional nature of the act, the serious harm caused, and the primary objective of intimidation or coercion. Employing a qualitative research design, the methodology involves a thorough literature review and an analysis of international legal instruments and policy documents. The paper scrutinizes definitions from diverse sources, highlighting discrepancies and commonalities, and evaluates the implications of these definitions on international cooperation and legal frameworks. The findings reveal a fragmented landscape, where definitions of terrorism vary significantly across different international and regional bodies. The lack of a unified definition complicates legal proceedings, extradition, and international cooperation in counter-terrorism efforts. The paper underscores the importance of a clear and comprehensive definition to enhance the effectiveness of global counter-terrorism strategies and to ensure consistent legal standards. In conclusion, this paper contributes to the ongoing debate by mapping out existing definitions and proposing pathways towards a more cohesive international legal framework. It calls for intensified efforts to bridge the definitional gaps and to develop a universally accepted definition that can effectively address the multifaceted nature of terrorism.