criminal acts, including against civilians, committed with intent to cause death or serious bodily injury, or taking of hostages, with the purpose to provoke a state of terror in the general public or in a group of persons or particular persons, intimidate a population or compel a government or an international .
What are the crimes against international humanitarian law?
Some examples of prohibited acts include: murder; mutilation, cruel treatment and torture; taking of hostages; intentionally directing attacks against the civilian population; intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historical monuments or .
What international Organisations are against terrorism?
Across the globe, the United Nations Office of Counter-Terrorism (UNOCT) leads and coordinates an all-of-UN approach to prevent and counter terrorism and violent extremism..
What is terrorism under IHL?
In times of conflict, humanitarian law prohibits terror as a method of warfare, such as attacks against the civilian population, civilian objects, and property. International humanitarian law also prohibits any acts or threats the primary purpose of which is to spread terror among the civilian population..
What is the international organization against terrorism?
Across the globe, the United Nations Office of Counter-Terrorism (UNOCT) leads and coordinates an all-of-UN approach to prevent and counter terrorism and violent extremism..
What is the main idea of international humanitarian law?
International humanitarian law (IHL) is a set of rules that seek to limit the effects of armed conflict. It lays out the responsibilities of states and non-state armed groups during an armed conflict. It requires, among other things: the rapid and unimpeded passage for humanitarian aid during armed conflicts..
Why is international humanitarian law important?
It protects civilians and those not or no longer involved in the fighting, including medical and religious personnel, wounded combatants, civilian internees and prisoners of war..
On a broader scale, terrorism hurts international trade. This may be due to imminent threats, such as compromised trade routes and distribution systems, or because of the psychological and physical reactions to terrorism. This also means less foreign direct investment (FDI), especially in unstable countries.
Their violent actions are a means to change their situation and the status quo. Their aims are to acquire power. These causes are based on five factors: resistance to colonial rule, ethnic separation, internal political factors, support for external factors, and ideological beliefs.
IHL prohibits in war most acts that would be called "terrorist" if committed in peacetime. In this context, IHL applies both to armed forces and to non-State armed groups. Acts of terrorism in other situations may be subject to other bodies of law, in particular domestic criminal law.
Do counterterrorism responses affect IHL?
Counterterrorism responses, combined with a robust counterterrorism discourse in both domestic and international fora, have significantly contributed to a blurring of the lines between armed conflict and terrorism, with potentially adverse effects on IHL.
Is terrorism a crime under IHL?
IHL prohibits in war most acts that would be called "terrorist" if committed in peacetime. In this context, IHL applies both to armed forces and to non-State armed groups. Acts of terrorism in other situations may be subject to other bodies of law, in particular domestic criminal law.
Is terrorism a global phenomenon?
Terrorism is a global phenomenon sometimes closely link to armed conflict; and one which the international community is increasingly facing. Terrorism negates the fundamental principles of humanity as well as the essential principles and objectives of international humanitarian law (IHL).
Is terrorism a crime under IHL?
IHL prohibits in war most acts that would be called "terrorist" if committed in peacetime
In this context, IHL applies both to armed forces and to non-State armed groups
Acts of terrorism in other situations may be subject to other bodies of law, in particular domestic criminal law
What did the ICRC say about humanitarian and counterterrorism?
In its 2011 report, the ICRC expressed the need for greater awareness by States of the need to harmonize policies and legal obligations in the humanitarian and counterterrorism realms in order to properly achieve the desired aim of both these realms
Its recommendations in this regard remain pertinent today
What is a terrorist act?
The provision unambiguously excludes from its definition of “terrorist act” “acts covered by international humanitarian law, committed in the course of an international or non-international conflict by government forces or members of organized armed groups”
57 58 Council of Europe Convention on the Prevention of Terrorism, Art
26 (5) 58
×International humanitarian law (IHL) is a body of international law that applies when armed violence reaches the level of armed conflict, whether international or non-international. IHL prohibits most acts committed in armed conflict that would commonly be considered "terrorist" if they were committed in peacetime. It specifically prohibits acts of terrorism against civilians who are in the power of a party to the conflict. War crimes and grave breaches of IHL are governed under treaty-based and customary IHL, whereas terrorism is regulated by reference to a number of complex, sectoral, offence-based instruments, UN Security Council Resolutions, regional Conventions, and domestic penal laws. The ICRC condemns acts of terrorism, irrespective of their perpetrators, be they committed in or outside an armed conflict. Terrorists can be targeted for direct participation in hostilities, administratively detained where they are dangerous, and prosecuted for war crimes.
NGO used as a front for Al Qaeda
The Benevolence International Foundation, was a purported nonprofit charitable trust based in Saudi Arabia. It was determined to be a front for terrorist group Al-Qaeda and was banned by the United Nations Security Council Committee 1267 and the US Department of the Treasury in November 2002. The BIF's chief executive officer Enaam Arnaout began a ten-year sentence in 2003 after pleading guilty for racketeering in a U.S. federal court.
2010 United States Supreme Court case
Holder v. Humanitarian Law Project, 561 U.S. 1 (2010), was a case decided in June 2010 by the Supreme Court of the United States regarding the Patriot Act's prohibition on providing material support to foreign terrorist organizations. The case, petitioned by United States Attorney General Eric Holder, represents one of only two times in First Amendment jurisprudence that a restriction on political speech has overcome strict scrutiny. The other is Williams-Yulee v. Florida Bar.
2005 United Nations treaty
The Nuclear Terrorism Convention is a 2005 United Nations treaty designed to criminalize acts of nuclear terrorism and to promote police and judicial cooperation to prevent, investigate and punish those acts. As of October 2022, the convention has 115 signatories and 122 state parties, including the nuclear powers China, France, India, Russia, the United Kingdom, and the United States. Most recently, Zimbabwe ratified the convention on September 28, 2023.
International humanitarian law and terrorism
U.S. designation applied to certain countries
State Sponsors of Terrorism is a designation applied to countries that are alleged to have repeatedly provided support for acts of international terrorism per the United States Department of State. Inclusion on the list enables the United States government to impose four main types of unilateral sanctions: a restriction of foreign aid, a ban on weapons sales, heightened control over the export of dual-use equipment, and other miscellaneous economic sanctions. The State Department is required to maintain the list under section 1754(c) of the National Defense Authorization Act for Fiscal Year 2019, section 40 of the Arms Export Control Act, and section 620A of the Foreign Assistance Act.
