International Criminal Law
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As is evident, the adoption of a single definition on terrorism, just like Pandora’s
box, raises a variety of issues with substantial implications which most States are
not prepared to discuss. The thematic route, despite current discussions on a single
comprehensive convention, so far appears the only vehicle guaranteeing both
international co-operation and relative consensus.
2.3
INTERNATIONAL TERRORISM IN NATIONAL STATUTES
The political sensitivities identified previously in the adoption of a single definition
among States are naturally absent in domestic statutes.
15
Where such statutes do not
implement a State’s subject specific contractual obligations into national law, they
may, indeed, offer a general definition of terrorism. Section 1 of the UK Terrorism
Act (TA) 2000 defines terrorism as the use or threat of action involving serious violence
against a person, damage to property, endangering a person’s life, creating a serious
risk to public safety or health and seriously interfering with or disrupting an electronic
system, where according to sub-s (1):
(a) the use or threat is designed to influence the Government or to intimidate the
public or a section of the public; and
(b) the use or threat is made for the purpose of advancing a political, religious or
ideological cause.
16
Section 1 provides a general definition of terrorism, but this definition is operational
only within the framework of the TA 2000 and other legislative enactments may deem
it expedient to adopt thematic definitions depending on the situation they aim to
regulate. The Act aims to consolidate the larger part of the relevant UK legislation,
apart from subject specific anti-terrorist instruments and the Criminal Justice (Terrorism
and Conspiracy) Act 1998, further managing to incorporate the 1998 UN Convention
for the Suppression of Terrorist Bombings
17
and the 2000 Terrorist Finance Convention.
18
The Act is designed exclusively for offences committed abroad and against non-UK
nationals,
19
and recognises that terrorist operations cannot be the product of a single
individual but require a structured organisation. In this manner, all offences described
in the Act are presumed to be offences undertaken for the benefit of a terrorist
organisation.
20
An organisation, through an order of the Secretary of State, is deemed
to be ‘concerned in terrorism’ and subsequently placed on a special list, if its members
have been found to commit, participate in, prepare, promote, encourage, or otherwise
concern themselves in acts of terrorism.
21
15
The Russian Federation’s Federal Anti-Terrorism Act 1998 contains extensive provisions defining the
main terms of relevance (terrorism, terrorist activity, offences of a terrorist nature, terrorist
organisation, etc).
16
The Act revokes the Prevention of Terrorism (Temporary Provisions) Act 1989 and the Northern
Ireland (Emergency Provisions) Act 1996.
17
TA 2000, ss 62 and 64.
18
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