Browsing by Author "Turney-Harris, Latasha"

The primary object of this thesis is to propose a pragmatic solution to the legitimacy problems associated with the absence of a definition of Terrorism within United Nations Counter Terrorism Policy. It contends that the attempts to draft such a definition within the Ad Hoc Committee on Terrorism have now come to a political standstill and are unlikely to result in a strong legal definition of terrorism. Any outcome is likely to be a political compromise in nature. This thesis therefore proposes that the international community should instead be examining other pragmatic alternatives and developments within the already established United Nations Universal Legal Framework against Terrorism. It will suggest that the definition found within Article 2(1) of the International Convention for the Suppression of the Financing of Terrorism 1999, contains a fit for purpose definition of terrorism. This definition has the potential to be used as a tool, to guide States, in the application of United Nations counter terrorism instruments. It also suggests that if this article becomes more widely accepted it has the potential to reach the level of customary international law status as an independent universal definition of terrorism. The definition itself provides a compromise between groups of States with different outlooks on counter terrorism. It supports the current sectoral approach by containing an Annex, which pays homage to the international community’s early counter terrorism instruments. It also however includes a mini-definition of terrorism that accommodates States who are looking for a more all-encompassing definition that outlines the necessary objective and subjective elements. The definition makes important reference to the obstacles that have left the Ad Hoc Committee on Terrorism at a standstill, whilst not limiting State sovereignty, leaving contentious issues up to domestic authorities to deal with. The thesis therefore is aiming to demonstrate that this pragmatic approach to the problem of a definition of terrorism is able to aid in increasing the legitimacy of the further development of the provisions within the United Nations counter terrorism policy, allowing it to continue to provide a sustainable successful response to the problem of international terrorism.