Academic literature on the topic 'Definition of terrorism'
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Journal articles on the topic "Definition of terrorism"
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Coteño Muñoz, Alejandro. "Terrorismo individual = Individual terrorism." EUNOMÍA. Revista en Cultura de la Legalidad, no. 15 (October 1, 2018): 262. http://dx.doi.org/10.20318/eunomia.2018.4356.
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Resumen: Los atentados perpetrados por actores solitarios en los últimos años han despertado el interés del legislador por la figura del terrorismo individual. No obstante, aunque este se regula en las últimas reformas penales, no se ha dispuesto una definición del mismo en términos positivos, sino que ésta únicamente se dispone en términos negativos con respecto al terrorismo colectivo. Así las cosas, en este trabajo se delinean los criterios para determinar cuándo un acto de terrorismo entra dentro del terrorismo individual y se aplican estas herramientas en tres casos paradigmáticos de lo generalmente conocido como “lobo solitario”. Por último, se aportan tres clasificaciones diferentes del terrorista individual a fin de apuntalar una base sólida que permita una aproximación a sus distintos niveles de peligrosidad criminal.Palabras clave: Terrorismo individual, organización terrorista, grupo terrorista, lobos solitarios, pertenencia.Abstract: The attacks perpetrated on recent years by lone actors have aroused the interest of the lawmaker for the concept of individual terrorism. However, although it has been regulated in the last criminal reforms, a definition of it has not been positivized, a definition of it has not been provided in positive terms, but only in negative terms regarding collective terrorism. In this context, this study outlines the criteria to determine when an act of terrorism falls into individual terrorism and these tools are applied to three paradigmatic cases of what is generally known as lone wolves. Finally, three different classifications of the individual terrorist are provided to underpin a solid basis for an approach to their different levels of criminal dangerousness.Keywords: Individual terrorism, terrorist organization, terrorist group, lone wolves, membership.
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Danilović, Neđo S., and Samra Dečković. "EPISTEMOLOGICAL ANALYSIS OF THE BASIC TERMINOLOGICAL DEFINITIONS OF THE TERM TERRORISM." MB University International Review 2, no. 1 (2024): 68–86. http://dx.doi.org/10.61837/mbuir020124068d.
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The subject of this paper is an epistemological analysis of the basic terminological definitions of the term terrorism. The paper, from a theoretical and methodological point of view, confirms earlier knowledge that there is no uniformity in the definition of terrorism in world literature and international legal legislation. Descriptions and scientific explanations of the meaning of the term terrorism by numerous authors are very diverse, starting with the fact that organized crime is a part of terrorism, and ending with the fact that piracy is a terrorist act. From an epistemological point of view, the paper confirms that, ranging from the phenomenology of the terrorist act to what leaves consequences for the victim, there are great differences in the understanding of the phenomenon of terrorism. The results of the comparative analysis of the available theoretical and legal definitions of terrorism confirmed that there is no necessary level of agreement regarding the definition of terrorism in domestic, European and world literature. The collision between the theoretical definitions of this term and the definitions of terrorism in legal acts on the prevention of terrorist financing is particularly noticeable. Precisely because of the lack of a generally acceptable definition of the term terrorism in legislative legal acts at the international level, it often happened that one person or socio-political group was treated as terrorists in some cases, while another person or socio-political group in the same or similar situations, freedom fighters. Starting from such a point of view, in the conclusion of the work, a synthetic, working and characteristic definition of terrorism is offered, which can represent a modest contribution to the construction of an internationally acceptable scientific definition of terrorism as a complex and complex socio-political phenomenon. The proposed definition has an epistemological cognitive value, because it contains the basic meaning of the term terrorism. In addition, the proposed definition fulfils all eight methodological criteria for defining theoretical terms, first of all, the criteria of objectivity and content, diversity and inclusiveness, complexity and development, equivalence and proportionality, as well as the criterion of dialectics.
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Tofangsaz, Hamed. "Terrorism or not terrorism? Whose money are we looking for?" Journal of Financial Crime 22, no. 3 (2015): 378–90. http://dx.doi.org/10.1108/jfc-02-2014-0005.
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Purpose – The purpose of this paper is to examine whether the counter-terrorism financing regime provides a solid platform for a better understanding of who should be considered terrorists or what forms terrorism, terrorist acts and terrorist groups, the financing of which is the subject matter. In the absence of an internationally agreed definition of terrorism, the question which needs to be posed is whether there is a clear and common understanding of what constitutes terrorism, terrorist acts and terrorist groups, the financing of which needs to be stopped. That is, from a criminal law perspective, whether the Terrorist Financing Convention, as the backbone of the counter-terrorist financing regime, clarifies what types of conduct, by who, in what circumstances and when, against whom (targets or victims) and with what intention or motivation should be considered terrorism? Design/methodology/approach – It will be explained how and why it has been difficult to reach an agreement on the definition of terrorism. The endeavour of the drafters of the Terrorist Financing Convention and others involved in countering terrorist financing to establish a general definition of terrorism will be examined. Findings – The record of attempts to define the elements of terrorism proves that it is hardly possible to reach an agreement on a generic definition of terrorism because the concept of terrorism is elusive and subject to various understandings. Even the definition provided by the Terrorist Financing Convention, is not convincing. Originality/value – With regard to the findings, this paper calls for further research on the legal consequences of the implementation of the terrorist financing-counter measures, while the scope of terrorism, terrorist acts and terrorist organizations have been left vague.
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Möttö, Jessica. "International Terrorism: What are the Current Legal Challenges in Bringing Terrorists to Justice?" Groningen Journal of International Law 4, no. 1 (2016): 42. http://dx.doi.org/10.21827/59db68e6ad2da.
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International terrorism has faced a definitional deadlock. While various international conventions have emerged condemning acts of terrorism and states have enacted counterterrorism legislation, a single universal definition on the crime of terrorism has yet to be agreed upon. The cause of a definitional deadlock can be boiled down to the famous idea that one man’s terrorist is another man’s freedom fighter thus; acts seen as justified by some are viewed as crimes by others. Few individuals labelled as terrorists would call themselves as such. However, both the International Criminal Court (ICC) as well as domestic courts are affected by the definitional deadlock. Despite extensive discussions on the inclusion of terrorism within the Rome Statute, the lack of a commonly agreeable definition on terrorism eventually made the inclusion impossible. Therefore, the ICC can only bring terrorists to justice when acts of genocide, crimes against humanity or war crimes have occurred. On the other hand, states rely on co-operation, mutual trust and the exchange of information when prosecuting international terrorists. Due to the lack of a common definition on terrorism, states have taken fragmented approaches and counterterrorism strategies vary considerably between states. While in some states no counterterrorism measures exist at all, other states have taken on considerably broad laws. This makes effective cross-border co-operation challenging or even impossible. Conclusively, reaching a common definition on a crime of international terrorism cannot be stressed enough. It will allow for a new discussion to take place with regards to the creation of a crime of terrorism in the Rome Statute. Furthermore, state authorities would be restricted in the use of overly broad legislation as national laws can be harmonised to a greater extend.
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Hodgson, Jacqueline S., and Victor Tadros. "The Impossibility of Defining Terrorism." New Criminal Law Review 16, no. 3 (2013): 494–526. http://dx.doi.org/10.1525/nclr.2013.16.3.494.
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The legal definition of terrorism has very high importance. This is so both because it determines which actions count as acts of terrorism, and hence who is regarded as a terrorist, but also because the definition of terrorism triggers a range of controversial extensions of police and prosecutorial powers. This article provides a comprehensive analysis of the central dilemmas that must be confronted to develop an adequate definition of terrorism. These include the questions of whether acts count as acts of terrorism only if they have a particular political purpose, what acts are sufficiently harmful to count as acts of terrorism, whether acts of terrorism are distinguished by the identity of those targeted, whether acts of terrorism are distinguished by the methods that terrorists use, and the importance of the identity of the terrorists themselves. It examines a range of legal definitions across jurisdictions in the light of the framework developed. It is argued that there is no prospect for a fully adequate definition of terrorism: the definition will inevitably be over-inclusive. A number of reasons explain this, but the central one is that courts lack the expertise to distinguish adequately legitimate political resistance from terrorism. Tensions that this problem has created in the case law are explored, not only in the criminal law, but also in the civil law. We then briefly examine the extent to which the discretion of officials can ameliorate this problem, highlighting the weakness of this solution. Overall, we conclude, disappointingly, that the standards that we ought to find in other areas of criminal justice cannot be met in the area of terrorism.
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Starodubtseva, Mariya. "SOME ASPECTS OF THE DEFINITION OF THE TERM "TERRORISM"." Legal Linguistics, no. 16 (27) (July 1, 2020): 16–18. http://dx.doi.org/10.14258/leglin(2020)1603.
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The article reveals the lack of accuracy in the definition of the legal term "terrorism" and highlights a number of problems related to this definition. In particular, the author substantiates the need for a clear legal definition of groups of persons targeted by an act of terrorism; it is proved that none of the existing definitions – "civilians", "persons considered innocent" and "non – combatants" - allows us to give an exhaustive definition of the phenomenon. It is noted that the existing definitions of terrorism are incomplete due to insufficient coverage of violent acts of crime. An important unrecorded parameter of the definition of "terrorism" is the factor of publicity of a violent action. In addition, there is need to distinguish between terrorists who are essentially combatants engaged in war and terrorists who are not combatants.
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Sürücü, Hüseyin. "Terörizm Olgusuna Schrödinger’in Kedisi Olarak Bakmak." Üsküdar Üniversitesi Sosyal Bilimler Dergisi 7, no. 13 (2021): 375–413. http://dx.doi.org/10.32739/uskudarsbd.7.13.94.
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A partial agreement has been reached on the definitions of terror and terrorism in the literature. Despite this, incompatibilities on the concepts of terrorist and terrorist organization continue. The points of disagreement in the definition of these concepts will continue. This article aims to reveal that the definitions of terrorism cannot be the same even if they converge, through general relativity theory from the perspective of reality of critical realism. The study argues that the phenomenon of terrorism can be defined with an ontological approach. In this direction, the study aims to contribute to the unity of science and literature in order to establish a partnership in the definition of terrorism.
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Barczak, Tristan. "Terrorisierte Legislative und das Lemma des Terrorismus oder: Der Wandel einer politischen Vokabel zum Rechtsbegriff." Kritische Vierteljahresschrift für Gesetzgebung und Rechtswissenschaft 102, no. 4 (2019): 362–92. http://dx.doi.org/10.5771/2193-7869-2019-4-362.
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Up until very recently, the term »terrorism« was unknown in German law. Although »terrorism« has been an integral part of the political vocabulary in the field of internal and judicial policy for decades, it was unheard-of in the German legal system. As a legal concept, criterion or normative approach it did not exist, neither in constitutional law nor in ordinary statutory law (Criminal law/Police law). Meanwhile, however, terrorist threats and terrorist offenses are leaving a mark on German legislature. If a »terrorised legislator« embeds the term into the law for the first time, a precise legal definition of terrorism is indispensable. This is because it determines which actions count as »acts of terrorism« as well as who is regarded as a »terrorist«. Moreover the definition of terrorism triggers a range of controversial extensions of police and prosecutorial powers.
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Cutrale, Elisabetta. "El terrorismo yihadista = The jihadist terrorism." UNIVERSITAS. Revista de Filosofía, Derecho y Política, no. 30 (June 25, 2019): 88. http://dx.doi.org/10.20318/universitas.2019.4837.
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RESUMEN: En el escrito, después de una introducción general para comprender la problemática del mundo islámico y aclarar algunas definiciones, se lleva a cabo una investigación sobre el fenómeno del terrorismo yihadista, empezando con un breve excursus sobre el debate en torno a la definición de terrorismo internacional. Posteriormente, se analiza la estrutura del Estado islámico y cómo ha evolucionado durante la ultima década, el concepto de radicalización y, considerando diferentes estudios y estadísticas, intenta aclararse cuales puedan ser las causas de la desviación terrorista, llegando a la conclusión que se trata de un fenómeno complejo que implica un análisis de diferentes cuestiones tanto históricas, como sociales y psicológicas.ABSTRACT: Following a general introduction to understand the issues of the Islamic world and the meaning of some key words, the writing carries out an investigation into the phenomenon of the jihadist terrorism. Beginning with a brief on the debate on the definition of international terrorism, the article looks into the islamic state system, its evolucion during the last period and the increasing of violent radicalization. Considering severals studies and statistics, it tries to clarify the causes of the terrorist deviation, reaching the conclusion that it is a complex phenomenon that embraces historical, social and psychological matters. PALABRAS CLAVE: terrorismo, fundamentalismo islámico, violenta radicalización, terrorista, IslamKEYWORDS: terrorism, islamic fundamentalism, violent radicalization, terrorist, Islam
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Reitan, Eric. "Defining Terrorism for Public Policy Purposes: The Group-Target Definition." Journal of Moral Philosophy 7, no. 2 (2010): 253–78. http://dx.doi.org/10.1163/174552409x12574076813513.
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AbstractFor the sake of developing and evaluating public policy decisions aimed at combating terrorism, we need a precise public definition of terrorism that distinguishes terrorism from other forms of violence. Ordinary usage does not provide a basis for such a definition, and so it must be stipulative. I propose essentially pragmatic criteria for developing such a stipulative public definition. After noting that definitions previously proposed in the philosophical literature are inadequate based on these criteria, I propose an alternative, which I call the 'group-target' definition and which distinguishes terrorism from other forms of violence by the distinctive principle of discrimination used by terrorists to identify legitimate targets. I argue that this definition meets the criteria for a satisfactory public definition, and suggest that based on it there is good reason to suspect the adequacy of anti-terrorism policies that rely predominantly on forceful interdiction of terrorists.
Dissertations / Theses on the topic "Definition of terrorism"
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Vaštakas, Linas. "The definition of terrorism in international law." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2013. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2013~D_20130626_184831-12211.
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In light of the widely acknowledged absence of the definition of terrorism in international law and once again unsuccessful attempts to agree on it in April 2013 at the United Nations, this thesis aims to propose such a definition.
Chapter One firstly attempts to answer why international law needs to define terrorism. It analyzes international criminalization of terrorism, sectoral anti-terrorism conventions and the obligations to fight terrorism imposed on states by the Security Council. Disagreeing with the views expressed by Rosalyn Higgins and John Dugard, the author advances arguments how such a definition could help solve problems of efficiency and legitimacy in all these fields.
Chapter Two then asks why, if a definition is needed, it does not already exist. The Chapter surveys the major historical attempts to define terrorism, aiming to identify the greatest obstacles and advances to agreeing on a definition. Notably, it finds that the main obstructions were disagreements whether states and national liberation movements can be actors of terrorism. Aside from treaty definitions, the author also analyzes and criticizes the arguments in the 2011 Ayyash judgment by the Special Tribunal for Lebanon over the alleged emergence of a peacetime definition of terrorism in customary international law.
Chapter Three then draws on the first two Chapters and analyzes the elements of the definition of terrorism: actors, conduct, intent, targets, motive and scope. It aims to explain... [to full text]<br>Atsižvelgdamas į plačiai pripažįstamą faktą, kad tarptautinėje teisėje nėra terorizmo apibrėžimo, ir į dar kartą nepavykusius Jungtinių Tautų Organizacijos 2013 m. balandžio mėnesio bandymus dėl jo susitarti, šis darbas siekia pasiūlyti tokį apibrėžimą.
Pirmasis skyrius iš pradžių bando paaiškinti, kodėl tarptautinėje teisėje reikalingas terorizmo apibrėžimas. Skyriuje nagrinėjami tokie klausimai kaip tarptautinis terorizmo kriminalizavimas, sektorinės kovos su terorizmu konvencijos ir Saugumo Tarybos valstybėms nustatyti įsipareigojimai kovoti su terorizmu. Prieštaraudamas Rosalyn Higgins ir John Dugard išreikštoms nuomonėms, autorius pateikia argumentus, kaip toks apibrėžimas galėtų išspręsti efektyvaus reguliavimo problemas visose minėtose srityse.
Antrasis skyrius tuomet klausia, kodėl, jeigu apibrėžimas reikalingas, jis vis dar neegzistuoja. Skyrius apžvelgia pagrindinius istorinius mėginimus apibrėžti terorizmą, siekdamas nustatyti pagrindines kliūtis ir svarbiausius pasiekimus tariantis dėl apibrėžimo. Autorius atskleidžia, kad pagrindinės kliūtys kilo dėl nesutarimų, ar valstybės ir nacionalinio išsivadavimo judėjimai gali būti terorizmo vykdytojai. Be sutartyse pateikiamų apibrėžimų, autorius nagrinėja ir kritikuoja Specialiojo Tribunolo Libanui 2011 m. Ayyash byloje pateiktus argumentus, kad taikos metu taikomas terorizmo apibrėžimas neva jau susiformavo tarptautinėje paprotinėje teisėje.
Trečiajame skyriuje, remiantis pirmųjų dviejų skyrių išvadomis, nagrinėjami... [toliau žr. visą tekstą]<br>Rappelant l'absence de la définition du terrorisme en droit international, cette thèse vise à proposer une telle définition.
Le Chapitre Un explique le besoin de définir le terrorisme. Par la suite, le Chapitre analyse la criminalisation du terrorisme international, les conventions sectorielles contre le terrorisme et les obligations de combattre le terrorisme imposée par le Conseil de sécurité. En désaccord avec les opinions exprimées par Rosalyn Higgins et John Dugard, l'auteur avance des arguments défendant une telle définition, et expliquant comment elle pourrait contribuer à résoudre les problèmes d'efficacité et de légitimité dans tous ces domaines.
Le Chapitre Deux demande alors pourquoi, si une définition est nécessaire, elle n'existe pas. Ce Chapitre examine les principales tentatives historiques pour définir le terrorisme. Il essaie d'identifier les principaux obstacles et avancées à l'accord. On en conclut que les principaux obstacles étaient les désaccords concernant le fait que les Etats et les mouvements de libération nationale puissent être des acteurs du terrorisme. Mis à part les définitions conventionnelles, l'auteur analyse également et critique les arguments de l'arrêt de Ayyash 2011 par le Tribunal spécial pour le Liban sur la prétendue émergence d'une définition du temps de paix du terrorisme en droit international coutumier.
Le Chapitre Trois s'appuie ensuite sur les deux premiers chapitres et analyse les éléments de la définition du terrorisme: les... [toliau žr. visą tekstą]
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Gillani, Dayyab. "The definitional dilemma of terrorism : seeking clarity in light of terrorism scholarship." Thesis, University of St Andrews, 2017. http://hdl.handle.net/10023/12258.
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The understanding of terrorism has thus far been determined not by some independent line of inquiry but instead by a strong interplay between conflicting moral positions. Treated sometimes as a method or tactic and at other times as a distinct form of violence, the true nature of terrorism remains elusive, while a failure to understand it has squarely been blamed on the moral problem. The conceptual and theoretical debate in the field of terrorism studies as a result has not progressed in any meaningful way. Issues that were associated with terrorism when a formal inquiry into the problem was first launched still remain unresolved. Basic questions as to whether terrorism generates fear and if it is possible to identify its victim or perpetrator continue to plague the terrorism discourse. Meanwhile matters that are crucial, such as the widespread tendency to treat terrorism as a tactic, strategy or ideology and the essentially contested character of terrorism scholarship are either ignored or erroneously taken for granted. This thesis will show that our inability to define terrorism is not due to the moral problem as it is made out to be but because of our failure to understand the true nature of terrorism. To accomplish this task, it not only analyzes issues that are regularly contested but also discusses in detail the ones that are trivialized and overlooked. It ultimately concludes that terrorism primarily plays only an auxiliary or a facilitatory role and therefore the key to defining it and understanding its true nature lies in its utility and function.
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Margariti, Styliani. "In search of a definition for international terrorism : balancing sovereignty and cosmopolitanism." Thesis, University of Dundee, 2015. https://discovery.dundee.ac.uk/en/studentTheses/240cbfee-a3b1-4b44-a1f0-606c8d93d4a4.
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Kehl, Jones Mariel. "Direito penal (anti)terrorista: limites operativos para sua incriminação." Universidade do Vale do Rio dos Sinos, 2015. http://www.repositorio.jesuita.org.br/handle/UNISINOS/4865.
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Previous issue date: 2015-04-04<br>Nenhuma<br>Da análise da situação experimentada nos Estados democráticos de Direito após os atentados terroristas de 11 de setembro de 2001, ocorrido nos Estados Unidos, verifica-se a adoção de uma série de medidas legislativas e executivas voltadas à luta contra tal criminalidade. As legislações antiterror normalmente inserem-se no contexto do denominado Direito Penal do inimigo, em que se pretende a exclusão do delinquente da sociedade. Entretanto, é preciso encontrar limites operativos da definição de terrorismo de modo a permitir sua incriminação no marco das sociedades democráticas. Para tanto, por meio de uma abordagem fenomenológica, enquanto revisão crítica dos temas centrais transmitidos pela tradição filosófica através da linguagem, adota-se o método monográfico e, enquanto técnica de pesquisa, a documentação indireta, notadamente pesquisa bibliográfica espanhola e norte-americana, bem como análise de propostas legislativas e de textos legislativos, a fim de verificar a situação brasileira sobre o tema. Com isso, analisando o conteúdo do injusto de tal criminalidade, observa-se o ataque a bens jurídicos concretos protegidos pelos crimes comuns, à paz pública e as vias democráticas de tomada de decisões políticas. Assim, o método terrorista deve ter a intimidação massiva como forma de comissão, com violência reiterada e indiscriminada, a comissão de crimes gravíssimos como modo de execução e caráter armado enquanto meio utilizado. Para lograr êxito no ataque aos bens jurídicos, a conduta terrorista deverá ser executada por uma organização, imbuída de uma finalidade política, no sentido de impor uma determinada regulação à margem dos mecanismos democráticos de tomada de decisão política estabelecidos. A partir disso, o método terrorista serve como limite horizontal para a tipificação da conduta, ao passo que a estrutura organizativa serve como limite vertical e, por fim, o elemento teleológico, como limite transversal.<br>Analyzing the situation experienced in the law of democratic States after the terrorist attacks of September 11, 2001, occurred in the United States, there is the adoption of a series of legislative and executive measures aimed at combating such crime. The anti-terror laws usually falls within the context of the enemy called Criminal Law, according to which it is intended the exclusion of the offender from society. However, it's necessary find operating limits of the definition of terrorism to allow incrimination in the context of democratic societies. Therefore, through a phenomenological approach, while critical review of the central themes transmitted by philosophical tradition through language, it was adopted the monographic method, while technical research, the indirect documentation, notably Spanish literature and American, and analysis of legislative proposals and legislation in order to verify the Brazilian situation on the topic. Thus, analyzing the content of the unjust in such crime, there was the attack on concrete legal rights protected by common crimes, public peace and democratic process of political decision-making. Thus, the terrorist method must have the massive intimidation as a form of commission, with repeated and indiscriminate violence, the commission very serious crimes as a way of implementation and armed character as a means used. To bring about the attack on the legal interests, the terrorist conduct must be performed by an organization, which must have political purpose, to impose a particular setting the margins of democratic mechanisms established political decision-making. From this, the terrorist method serves as a horizontal limit for its characterization, while the organizational structure serves as a vertical limit and, finally, the teleological element, such as transverse edge.
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Keilthy, Pauline Elizabeth. "Terrorism and international law: a study of the terrorist phenomenon, the difficulties surrounding its definition and the options available for progress." Thesis, University of Southampton, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.582518.
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The study examines the reasons which prevent agreement being reached on a definition of acts of international terrorism. The conundrum of the terrorist phenomenon raises a series of questions, not least the perceived need to define the crime comprehensively, rather than in a piecemeal, reactive fashion. The research focuses fust on the origins and growth of international terrorism, with the aim of locating the present impasse within its historical context and identifying the roots from which it developed. A study of the changing crime patterns follows, examining firstly, changes in the criminal intent over time as revealed by specific attacks and secondly, the adaptability and versatility of terrorists in altering their modus operandi to circumvent measures aimed at suppressing their activities. The profiles of some terrorist leaders past and present are then scrutinised, with the aim of identifying any significant changes in their abilities and backgrounds. Unique features of the newly established International Criminal Court are studied, absent its jurisdiction over acts of international terrorism. The viability of mounting prosecutions for acts of terrorism under the auspices of any of the crimes over which the new Court does have jurisdiction are also explored. An analysis of possible options for making progress in the light of the results of the research work follows, with the incomplete draft comprehensive convention on terrorism being the subject of a detailed examination in this context. The study concludes with an assessment of the effectiveness of current and potential legislative initiatives aimed at addressing the increasing threat to world peace posed by terrorism.
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Ghanem-Larson, Abir. "Essai sur la notion d'acte terroriste en droit international pénal." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32005/document.
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L’évolution sémantique de la notion de terrorisme, et la naissance doctrinale de la notion d’« acte terroriste » jusqu'à sa résurgence juridique nationale et internationale, montre que l’infraction terroriste est fondée sur la présence d’un double dol spécial tantôt selon une approche alternative et tantôt selon une approche cumulative. Ce double dol spécial se manifeste par l’intention de terroriser la population pour aboutir au but final qui est celui du changement politique. Malgré la dépolitisation adoptée en droit international pour sortir le crime terroriste de la sphère politique, cette dépolitisation reste fictive. L’approche internationale prend en compte ces deux intentions spécifiques de l’auteur selon une approche téléologique alternative, ce qui signifie que l’une des deux suffit pour qualifier l’acte criminel de terroriste. C’est exact mais incomplet. L’approche qu’il convient d’adopter est celle de l’approche téléologique cumulative. En d’autres termes l’infraction terroriste est identifiable selon un double dol spécial de l’auteur. Il faut donc la combinaison des deux dols spéciaux pour pouvoir qualifier un acte de terroriste<br>The semantic evolution of the notion of terrorism and the doctrinal birth of the notion of « terrorist act » until its national and international juridical resurgence show that terrorist infringement is based on the presence of a special double intention, sometimes according to an alternative approach, sometimes according to a cumulative approach. This special double intention reveals itself by the objective to terrorize people in order to result to its final aim, that one being a political change. In spite of the depoliticization adopted by international law to take terrorist crime out of the political sphere, this depolicization remains ficticious.The international approach takes into account those two specific intentions of the perpetrator according to an alternative teleological approach, wich means that one of them is enough to call the criminal act a terrorist one. That is right but incomplete. The suitable approach is the cumulative teleological approach. In other words, the terrorist offence is identifiable according to a special double intention of the perpetrator. So, the combination of those two special intentions is needed so that an act can be qualified of "terrorist act"
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Wildfang, Anne. "Terrorismus Definition, Struktur, Dynamik." Berlin Duncker & Humblot, 2009. http://d-nb.info/1001216342/04.
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Williamson, Myra Elsie Jane Bell. "Terrorism, war and international law: the legality of the use of force against Afghanistan in 2001." The University of Waikato, 2007. http://hdl.handle.net/10289/2594.
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The thesis examines the international law pertaining to the use of force by states, in general, and to the use of force in self-defence, in particular. The main question addressed is whether the use of force, which was purported to be in self-defence, by the United States, the United Kingdom and their allies against al Qaeda, the Taliban and Afghanistan, beginning on 7 October 2001, was lawful. The thesis focuses not only on this specific use of force, but also on the changing nature of conflict, the definition of terrorism and on the historical evolution of limitations on the use of force, from antiquity until 2006. In the six chapters which trace the epochs of international law, the progression of five inter-related concepts is followed: limitations on the resort to force generally, the use of force in self-defence, pre-emptive self-defence, the use of forcible measures short of war, and the use of force in response to non-state actors. This historical analysis includes a particular emphasis on understanding the meaning of the 'inherent right of self-defence', which was preserved by Article 51 of the United Nations' Charter. This analysis is then applied to the use of force against Afghanistan which occurred in 2001. Following the terrorist attacks of 11 September, the US and the UK notified the United Nations Security Council of their resort to force in self-defence under Article 51. Each element of Article 51 is analysed and the thesis concludes that there are significant doubts as to the lawfulness of that decision to employ force. In addition to the self-defence justification, other possible grounds for intervention are also examined, such as humanitarian intervention, Security Council authorisation and intervention by invitation. This thesis challenges the common assumption that the use of force against Afghanistan was an example of states exercising their inherent right to self-defence. It argues that if this particular use of force is not challenged, it will lead to an expansion of the right of self-defence which will hinder rather than enhance international peace and security. Finally, this thesis draws on recent examples to illustrate the point that the use of force against Afghanistan could become a dangerous precedent for the use of force in self-defence.
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Colombo, Letícia dos Santos [UNESP]. "Terrorismo: um ensaio sobre suas definições." Universidade Estadual Paulista (UNESP), 2018. http://hdl.handle.net/11449/157062.
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Previous issue date: 2018-08-24<br>Não recebi financiamento<br>O termo “terrorismo” foi primeiramente utilizado na época da Revolução Francesa para caracterizar o régime de la terreur de Robespierre, criado para consolidar o governo pós-revolução. A partir de então, o termo passou a ser utilizado para caracterizar métodos e/ou objetivo final de grupos contrários ao poder estabelecido, combinando fatores como medo, violência, ataque a civis e motivação política. Embora estes fatores sejam observados na maioria dos casos, não há um consenso com relação à definição de terrorismo entre os Estados, acadêmicos e organismos internacionais, dificultando a elaboração de estratégias anti e contraterroristas. Assumindo essa tarefa de colocar em debate definições e práticas, política estatal e relações internacionais, terrorismo e violência de atores não nacionais e Estados, a pesquisa tem a intenção de analisar a prevenção e a luta contra o terrorismo a partir das implicações práticas dos diversos conceitos de terrorismo existentes no sistema internacional, principalmente dentro do marco legal dos Estados Unidos, onde há uma diversidade de definições que orientam políticas internacionais de opressão ao fenômeno.<br>The term "terrorism" was first used at the French Revolution to characterize the régime de la terreur from Robespierre, created to consolidate post-revolution government. Since then, the term has been used to characterize methods and / or end goal of groups opposed to established power, combining factors such as fear, violence, attack on civilians and political motivation. Although these factors are observed in most cases, there is no consensus regarding the definition of terrorism among states, academics and international organizations, making it difficult to elaborate anti-counterterrorism strategies. Assuming this task of discussing definitions and practices, state policy and international relations, terrorism and violence of non-national actors and States, the research intends to analyze the prevention and fight against terrorism from the practical implications of the various concepts of terrorism in the international system, mainly within the legal framework of the United States, where there are a diversity of definitions that guide international policies of oppression to the phenomenon.
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Keber, Tobias O. "Der Begriff des Terrorismus im Völkerrecht : Entwicklungslinien im Vertrags- und Gewohnheitsrecht unter besonderer Berücksichtigung der Arbeiten zu einem "Umfassenden Übereinkommen zur Bekämpfung des Terrorismus" /." Frankfurt am Main : Lang, 2009. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=017120302&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
Full textBooks on the topic "Definition of terrorism"
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Maniszewska, Katarzyna. Towards a New Definition of Terrorism. Springer Nature Switzerland, 2024. http://dx.doi.org/10.1007/978-3-031-58719-1.
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Hauninger, Anthony. Moderner Terrorismus: Definition, Motive, Rechtfertigungen. VDM, Verlag Dr. Müller, 2007.
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Code, Michael. The recent decision in R. v. Khawaja on the constitutionality of the definition of terrorism and a variety of terrorism offences. Faculty of Law, University of Toronto, 2007.
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United States. Congress. Senate. Committee on the Judiciary. To clarify the definition of "vehicle" for purposes of criminal penalties relating to terrorist attacks and other acts of violence against mass transportation systems: Report (to accompany S. 2621). U.S. G.P.O., 2002.
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United States. Congress. Senate. Committee on the Judiciary. To clarify the definition of "vehicle" for purposes of criminal penalties relating to terrorist attacks and other acts of violence against mass transportation systems: Report (to accompany S. 2621). U.S. G.P.O., 2002.
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Mariani, Cliff. Terrorism prevention and response: The definitive counter-terrorism guide for law enforcement to prepare for, prevent and combat terrorist activity in the U.S. homeland. 3rd ed. Looseleaf Law Publications, 2013.
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Thorat, Shrish. The scout: The definitive account of David Headley and the Mumbai attacks : 26/11 was just the beginning. Bloomsbury, 2016.
Find full textBook chapters on the topic "Definition of terrorism"
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Koch, Bernhard A. "Definition of Terrorism." In Tort and Insurance Law. Springer Vienna, 2004. http://dx.doi.org/10.1007/978-3-7091-0629-7_1.
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Lowe, David. "Legal definition of terrorism." In Terrorism, Law and Policy, 2nd ed. Routledge, 2022. http://dx.doi.org/10.4324/9781003195627-9.
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Lutz, James M., and Brenda J. Lutz. "What is Terrorism? Definition, Classification, and Causes." In Global Terrorism. Routledge, 2019. http://dx.doi.org/10.4324/9781351124683-2.
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Chalk, Peter. "The Nature of Contemporary Terrorism: Problems of Definition." In West European Terrorism and Counter-Terrorism. Palgrave Macmillan UK, 1996. http://dx.doi.org/10.1057/9780230374195_2.
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Spaaij, Ramón. "Definition of Lone Wolf Terrorism." In Understanding Lone Wolf Terrorism. Springer Netherlands, 2011. http://dx.doi.org/10.1007/978-94-007-2981-0_3.
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Conte, Alex. "The Nature and Definition of Terrorism." In Human Rights in the Prevention and Punishment of Terrorism. Springer Berlin Heidelberg, 2010. http://dx.doi.org/10.1007/978-3-642-11608-7_2.
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Baragwanath, David. "Responding to Terrorism: Definition and Other Actions." In Nigerian Yearbook of International Law. Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-71476-9_2.
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Hale-Ross, Simon. "The United Kingdom’s legal definition of terrorism." In Digital Privacy, Terrorism and Law Enforcement. Routledge, 2018. http://dx.doi.org/10.4324/9781351118989-2.
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Conte, Alex. "The Domestic Criminalisation of Terrorism, and Its Definition." In Human Rights in the Prevention and Punishment of Terrorism. Springer Berlin Heidelberg, 2010. http://dx.doi.org/10.1007/978-3-642-11608-7_14.
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Bolton, Matthew. "Terrorist State." In Postdisciplinary Studies in Discourse. Springer Nature Switzerland, 2024. http://dx.doi.org/10.1007/978-3-031-49238-9_31.
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AbstractA depiction of Israel as a terrorist state is a generalised, essentialising description in which the state in its entirety is classed as a terrorist entity, and thus by definition excluded from the global community of legitimate nation-states. To accuse Israel of being a terrorist state is therefore to portray it as inherently evil and a potential target for retribution, while attacking Israel's legitimacy in a way that denies Israel's right to exist. Labelling Israel as a terrorist state in this way should be held distinct from accusations of Israeli ‘state terror,’ ‘state-sponsored terrorism,’ or the description of any particular Israeli military action or leader as ‘terroristic.’ While such descriptions may be wrong, hyperbolic or exaggerated, they are nonetheless fairly frequent within discourses criticising various states’ foreign or military policies and do not necessarily ascribe a particular evil to the state of Israel or call its legitimacy into question.
Conference papers on the topic "Definition of terrorism"
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Nikiforova, Elena Nikolaevna, Evgeniia Pavlovna Gavrilova, and Viktoriia Sergeevna Evdokimova. "Unification of national legislation in the field of countering extremism and terrorism as a factor of international security." In All-Russian scientific and practical conference. Publishing house Sreda, 2019. http://dx.doi.org/10.31483/r-32803.
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The article emphasizes that the fight against extremism and terrorism, as a complex problem, has become one of the priorities in the fight against crime for states at the global and regional levels. The level of development of legal acts in the field of countering extremism and terrorism, the severity of punishment for crimes of extremist and terrorist orientation in some countries are analyzed. It is concluded that in modern legislation of different countries, there is no single approach to the definition of the concepts of "terrorism" and "extremism", there is no uniform approach to the system and types of punishments. The proposal on the expediency of a uniform definition of the concepts: “terrorism”, “terrorist”, “international terrorist activity”, unification of national legislation in the field of combating extremism and terrorism as a factor of international security is substantiated
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Efremova, Irina, Elena Koloyartseva, Egor Maslov, Yana Malinina, and Anastasia Shuvalova. "Extremism and terrorism: problems of legislative definition and criminal law countermeasures." In East – West: Practical Approaches to Countering Terrorism and Preventing Violent Extremism. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcshssfmtm1665.
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The world community is undergoing significant changes. Along with positive development processes, there are also negative ones – extremism and terrorism. A comprehensive analysis of extremism and terrorism will make it possible to identify the problems of their legislative definition, legal regulation, criminal law counteraction and develop proposals for improvement of the current domestic legislation in this part. The research methodology is represented by the dialectical method, general scientific (logical, analysis, synthesis, systemic) and private scientific (formal legal) methods. Results of the study: it is proposed to define at the legislative level the terminology of the concepts of “extremism” and “extremist activity”, to make a legislative distinction and formalize their legal definition, as well as the legal definition of crimes of a terrorist nature (the latter should be defined in the footnote to Article 2054 of the Criminal Code of the Russian Federation, indicating the list specific criminal encroachments, adding this definition to the resolution of the Plenum of the Supreme Court of the Russian Federation dated July 28, 2011 No. 11); to separate the term “terrorism” from the term “extremist activity”. Conclusions: to distinguish the concept of extremism from extremist activity by amending specific regulatory legal acts and by-laws, to Formulate the concept of “extremism”, “crimes of a terrorist nature”. The novelty of the study is due to the non-trivial approach of the authors, which combines the innovations of domestic and foreign criminal law doctrine into a single complex to achieve the goal.
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Zgonjanin, Srdjan, Hatidza Berisa, and Milan Miljkovic. "THE GLOBAL CHALLENGE OF TERRORISM DURING COVID-19." In 8th INTERNATIONAL FORUM “SAFETY FOR THE FUTURE”. RASEC, 2022. https://doi.org/10.70995/vjxf2129.
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The statement that there is no single definition for such a monster, terrorist organizationcalled terrorism sounds not only as a cliché, but also as an alibi for not engaging in certain spheres of exploration and penetration into the essence of this phenomenon. Staying on the surface, do not bother and do not try to delve into the depths of terrorism, means not knowing the complexity of matter, and therefore making the wrong conclusions at the root of a particular phenomenon. That is why the new challenges that appeared, terrorism applies them in its owm way, and that is whynumber of questions are being asked about how terrorist organizations behaved during the time of COVID 19 COVID-19 virus or biological weapon? Is it terrorist act or selective killer? What is behind this new treat? These and much more questions go through our heads when we hear for this new invisible thing, called SARS-CoV-2 virus and COVID-19 disease. It seems everything vanished when COVID-19 pandemic started this January 2020. Terrorism and other threats just went away. Many people even did not realize that it happened so. Many governments, governmental and non-governmental organizations fighting global terrorism and at the forefront of all the world's media houses, have suddenly disappeared from public life.
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Radovanović, Ana. "Cyber terrorism as a security threat in urban space." In Urbana bezbednost i urbani razvoj, Zbornik radova sa trece naucne konferencije, Beograd, 01.07.2024. Univerzitet u Beogradu - Fakultet bezbednosti, Beograd
Univerzitet u Beogradu - Arhitektonski fakultet, Beograd, 2024. https://doi.org/10.5937/ubur24283r.
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The rapid development of information and communication technologies (ICT) in recent decades has produced, in addition to positive changes, in the form of faster and easier communication and the overall progress of society, a wide range of negative phenomena and the development of new forms of security threats and risks. Among the numerous threats in cyber space, cyber terrorism stands out. The Covid-19 pandemic has led to accelerated technological development in the field of ICT, where a significant part of communication has been moved from real to virtual reality. Cyber space is nourished by a large amount of information, of various categories and degrees of secrecy. Bearing in mind that this space has a large number of manifestations and the very characteristics of the space, in the form of the absence of geographical restrictions and the possibility of acting from a great distance, providing anonymity to the perpetrator and difficult visibility of the consequences, there are great prospects for the development of a cyber terrorist attack in the near future. There is no generally accepted definition of cyber terrorism in the literature, but we can accept the definitions, which present it as a criminal act in cyberspace, by misusing computer networks, the aim of which is to endanger vital national infrastructure, coercion and intimidation of the Government and/or its citizens. The consequences of cyber terrorism according to their severity can be divided into three categories, the first is the alteration or theft of information and the temporary interruption of the work of institutions, the second category is a series of coordinated attacks, which affects decision-makers, and the third is an attack on critical infrastructure, which causes disruptions in functioning critical infrastructure or its damage. This paper contributes to the understanding of cyber terrorism, with special reference to the analysis of attacks on critical infrastructure, which is mainly concentrated in urban areas, and the possible consequences for key service systems of water supply, transport, communication and food supply systems or health care systems.
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Popova, M., and L. Efimova. "TERRORISM AS A MODERN FORM OF AGGRESSION: TO THE THEORY OF THE QUESTION." In EXPONENTS OF SOCIAL AGGRESSION: GENERAL HUMANITARIAN DISCOURSES. FSBE Institution of Higher Education Voronezh State University of Forestry and Technologies named after G.F. Morozov, 2022. http://dx.doi.org/10.34220/esaghd2022_66-70.
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This article considers such a negative phenomenon of our time as terrorism, its definition is given, the reasons are briefly stated, the classification of this type of aggression on various grounds is presented in more detail. The most common types of terrorism are identified, which include political, nationalist, international, state and religious terrorism. In addition, "air" and criminal types of aggression pose a great danger. Some of the mareillu mare illustrated with examples.
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Benzer, Recep, and Mithat Cagri Yildiz. "YOLO Approach in Digital Object Definition in Military Systems." In 2018 International Congress on Big Data, Deep Learning and Fighting Cyber Terrorism (IBIGDELFT). IEEE, 2018. http://dx.doi.org/10.1109/ibigdelft.2018.8625314.
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Petrova, Galina, and Valery Stupakov. "East-West: legal practice of countering financial “terrorism” by states." In East – West: Practical Approaches to Countering Terrorism and Preventing Violent Extremism. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcshss.owvw6644.
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The article deals with topical financial-legal, criminal-legal, international legal problems of countering financial "terrorism" in Western countries and the states of the Eurasian space. The scientific approaches of scientists on the legal qualification of concepts related to countering: "financing of terrorism", "organized crime in the financial sector as financial terrorism", "information and financial terrorism", "terrorism in the financial markets" are analyzed. The author considers legal measures to counter financial "terrorism" as measures to enforce international and domestic responsibility of organized criminal groups and individuals for committing transnational financial crimes, fraudulent, corrupt and other deliberate socially dangerous acts in the financial sector. In international practice, there is no clear legal definition of organized transnational financial crime in the context of its understanding as financial "terrorism". However, financial "terrorism" is manifested in the forcible involvement of participants in banking, payment, and currency systems in illegal financial transactions. Practical approaches to the application of measures of international responsibility for acts of financial "terrorism" look like international UN measures to counter illegal operations of manipulating financial resources, markets, systems for the purpose of illicit enrichment, financing of terrorism, which caused damage and destabilization of the banking and financial systems of states, crisis phenomena in world and national markets. Financial "terrorism" is prevented both by international, criminal, administrative legal measures of coercion and preventive measures of "soft" coercion to responsible behavior in financial markets.
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Mareček, Lukáš. "Terorizmus – zločin podľa medzinárodného práva?" In Protistátní trestné činy včera a dnes. Masaryk University Press, 2021. http://dx.doi.org/10.5817/cz.muni.p210-9976-2021-16.
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Terrorism is a fenomena that is seriously threatening values and interests of the international community. Despite of that the international community was not able to settle its definition yet. If the definition is absent then supression of terorizm by means of international criminal law is in conflict with the principle of legality. Solving of this question is a precondition for evental creation of international criminal organs. In spite of that the issue was not settled the Special Tribunal for Lebanon was created which had crime of terrorism in its jurisdiction ratione materiae. The aims of this paper is to analyse how the Special Tribunal for Lebanon dealt with this problem and to evaluate soundness of its argumentation.
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Ho Ba, Huy. "Definice terorismu." In Nestandardní bezpečnostní situace: ústavní, mezinárodní a evropský pohled. Západočeská univerzita v Plzni, 2021. http://dx.doi.org/10.24132/zcu.2021.09228.74-88.
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This article focuses on the definition of terorism, which cross multiple disciplines. Till today, international organizations, such as the United Nations or the European Union have not agreed on its definition. The article discuss es difficulties in this activity, evolution of terrorism itself, methods of commiting it, multiple attemps of definition and suggests possible problems that may arise due to the lack of definition. It also examins on the regulation in the Criminal Code of Czech Republic
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Šímov, Adéla, and Tatiana Remencová. "Analysis of the possibility of increasing safety at the selected airport." In Práce a štúdie. University of Žilina, 2023. http://dx.doi.org/10.26552/pas.z.2023.1.15.
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Civil aviation safety is one of the most discussed issues in air transport. Airport safety must meet certain requirements, both in terms of safety management and security. Therefore, this article is focused on the definition of basic definitions for the issue, such as the already mentioned concept of safety and security, terrorism or theoretical basic models used in connection with the human factor in aviation. In the context of the current situation, there are examined the security systems at airports and their use at specific world airports. The main goal of this article was to analyze security systems at selected European airport, which is Amsterdam Schiphol Airport. Security at this airport is characterized by high level, not only because of the introduction of new technologies in the field of security checks, but also high staff qualification has its part on it. The number of terrorist attacks at Schiphol Airport also showed a high level of security system, with the first and last terrorist attack were in 2009. This attack caused certain changes in the field of security, in particular the modernization of security systems and the additional qualification of staff. Based on the analysis of safety and security system, there were formulated opportunities to increase security at this airport.
Reports on the topic "Definition of terrorism"
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Schmidt, Alex P. Defining Terrorism. ICCT, 2023. http://dx.doi.org/10.19165/2023.3.01.
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This report summarizes, and builds on, some of the author’s previous conceptual work. It approaches the definition of terrorism from five angles: (i) by focusing on the history of terrorism; (ii) by focusing on the psychology of ‘terror’ (the threat and fear factor); (iii) by focusing on forms of political violence other than terrorist violence; (iv) by focusing on the terrorist act; and (v) by focusing on the terrorist. Subsequently it addresses the question who should have definition power? The author looks at how terrorists, victims of terrorism, religious authorities, mass and social media, national governments, the United Nations, and members from academia have tried to define terrorism. In his conclusion, the author pleads for a narrow definition of terrorism. The main body of the text is followed by a sample of definitions of terrorism and a bibliography of books, book chapters, and articles on the subject.
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Jordan, Martha K. Terrorism and US Policy: Problems in Definition and Response. Defense Technical Information Center, 1997. http://dx.doi.org/10.21236/ada398501.
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Coletta, Nat J. Human-Driven Disasters: Violent Conflict, Terrorism and Technology. Inter-American Development Bank, 2004. http://dx.doi.org/10.18235/0008815.
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The intended goal of this paper is to expand the IDB's current disaster policy in the area of human-driven disasters. This paper explores and expands on the definition and scope of "human-driven" disasters in order to strengthen the policy in its present area of "unexpected" disasters. This paper also discusses risk management financing instruments and provides recommendations on delivery mechanisms and systems and coverage and costs.
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Khan, Amir Ullah. Islam and Good Governance: A Political Economy Perspective. IIIT, 2020. http://dx.doi.org/10.47816/01.004.20.
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It is readily apparent to everyone that there are multiple and serious concerns that face Muslim societies today. Terrorism, civil strife, poverty, illiteracy, factionalism, gender injustices and poor healthcare are just a few of the challenges to governance across the Muslim world. These are core issues for governance and public administration in any form of government. However, before we can engage with good governance within the context of Islam, we need to be clear what mean by good governance itself. A simple definition of good governance is that of an institutionalised competency of administration and institution leading to efficient resource allocation and management[1]. Another way of looking at it is as a system which is defined by the existence of efficient and accountable institutions[2]. Civil society now tends to look at good governance by way of impact measurement and how a certain set of processes result in a set of measurable and desirable outcomes.
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Miller, Brian, and Dave Dixon. Acquisition Level Definitions and Observables for Human Targets, Urban Operations, and the Global War on Terrorism. Defense Technical Information Center, 2005. http://dx.doi.org/10.21236/ada437058.
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Self, Mid, Brian Miller, and Dave Dixon. Acquisition Level Definitions and Observables for Human Targets Urban Operations and the Global War on Terrorism. Defense Technical Information Center, 2005. http://dx.doi.org/10.21236/ada442798.
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Knobel, Andrés. Regulation of Beneficial Ownership in Latin America and the Caribbean. Inter-American Development Bank, 2017. http://dx.doi.org/10.18235/0010683.
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The international community is increasingly aware that adopting laws, regulations, and mechanisms to gather and exchange information about “beneficial owners” (BOs) is crucial for combating tax evasion, money laundering, corruption, and the financing of terrorism. This paper explains the concept of beneficial owner, describes the standards in this area that countries should commit to, and presents the ratings achieved under the FATF and GF evaluations by each one of the 26 Inter-American Development Bank borrowing member countries regarding their beneficial ownership laws and regulations. Moreover, it analyzes the definitions of beneficial ownership currently in use in these 26 countries. In Latin America and the Caribbean, regulation in this area is very uneven. Although most countries have in place regulations defining the concept of beneficial ownership, thesedefinitions do not always comply with international standards. In general, all of the countries have room to improve their regulations and, especially, their compliance in practice.
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Hutchinson, Jade, Julian Droogan, Lise Waldek, and Brian Ballsun-Stanton. Violent Extremist & REMVE Online Ecosystems: Ecological Characteristics for Future Research & Conceptualization. RESOLVE Network, 2022. http://dx.doi.org/10.37805/remve2022.5.
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Despite this increasing focus on violent extremist ecosystems in the online sphere, it is unclear the extent to which ecological terms in literature on extremism—and particularly literature focused on the online space—are empirically validated or even consistently used. Indeed, there remain fundamental gaps in understanding and defining what we mean when we discuss the ecology of violent extremism and online violent extremist ecosystems. These gaps have notable implications for defining what an online ecosystem actually is—including its characteristics, impact, scope, and reach—and identifying appropriate policy responses to address them. This is of particular importance in the context of the growing volume of studies looking at racially and ethnically motivated (REMVE) communities online and across multiple platforms. Based on findings from a structured literature review examining the use of terms “ecosystem” and “ecology” in terrorism and violent extremism studies and related disciplines, this research brief presents a list of ten ecological characteristics for further consideration by those working in research, policy, and practice focused on online violent extremist ecosystems. Brief examples are provided of how these characteristics might be conceptualized in research into REMVE online ecosystems, given the increased attention REMVE online ecosystems have garnered in recent years. This review of the literature indicates that the concepts and terms “ecosystem” and “ecology” have potential, if limited, analytical utility for policymakers and academics, beyond their descriptive and currently largely metaphorical use in the literature. Despite the clear limitations which accompany the translation of natural science terminology into terrorism and violent extremism studies, certain characteristics of ecosystems may present specific analytical perspectives useful to those seeking to address or study terrorism and violent extremism online. For instance, although digital environments are not true ecological systems in the biological sense, delineating and defining conceptual components of an ecosystem may provide a shared conception when used to describe how extremist violence emerges from online environments, or when used to interpret these descriptions in a policy and practice setting. Descriptive definitions and the proposed advantages and limitations of using characteristics related to ecosystems are addressed in the following sections.
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Lewis, Dustin, Radhika Kapoor, and Naz Modirzadeh. Advancing Humanitarian Commitments in Connection with Countering Terrorism: Exploring a Foundational Reframing concerning the Security Council. Harvard Law School Program on International Law and Armed Conflict, 2021. http://dx.doi.org/10.54813/uzav2714.
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The imperative to provide humanitarian and medical services on an urgent basis in armed conflicts is anchored in moral tenets, shared values, and international rules. States spend tens of billions of dollars each year to help implement humanitarian programs in conflicts across the world. Yet, in practice, counterterrorism objectives increasingly prevail over humanitarian concerns, often resulting in devastating effects for civilian populations in need of aid and protection in war. Not least, confusion and misapprehensions about the power and authority of States relative to the United Nations Security Council to set policy preferences and configure legal obligations contribute significantly to this trajectory. In this guide for States, we present a framework to reconfigure relations between these core commitments by assessing the counterterrorism architecture through the lens of impartial humanitarianism. We aim in particular to provide an evidence base and analytical frame for States to better grasp key legal and policy issues related to upholding respect for principled humanitarian action in connection with carrying out the Security Council’s counterterrorism decisions. We do so because the lack of knowledge regarding interpretation and implementation of counterterrorism resolutions matters for the coherence, integrity, and comprehensiveness of humanitarian policymaking and protection of the humanitarian imperative. In addition to analyzing foundational concerns and evaluating discernible behaviors and attitudes, we identify avenues that States may take to help achieve pro-humanitarian objectives. We also endeavor to help disseminate indications of, and catalyze, States’ legally relevant positions and practices on these issues. In section 1, we introduce the guide’s impetus, objectives, target audience, and structure. We also describe the methods that we relied on and articulate definitions for key terms. In section 2, we introduce key legal actors, sources of law, and the notion of international legal responsibility, as well as the relations between international and national law. Notably, Security Council resolutions require incorporation into national law in order to become effective and enforceable by internal administrative and judicial authorities. In section 3, we explain international legal rules relevant to advancing the humanitarian imperative and upholding respect for principled humanitarian action, and we sketch the corresponding roles of humanitarian policies, programs, and donor practices. International humanitarian law (IHL) seeks to ensure — for people who are not, or are no longer, actively participating in hostilities and whose needs are unmet — certain essential supplies, as well as medical care and attention for the wounded and sick. States have also developed and implemented a range of humanitarian policy frameworks to administer principled humanitarian action effectively. Further, States may rely on a number of channels to hold other international actors to account for safeguarding the humanitarian imperative. In section 4, we set out key theoretical and doctrinal elements related to accepting and carrying out the Security Council’s decisions. Decisions of the Security Council may contain (binding) obligations, (non-binding) recommendations, or a combination of the two. UN members are obliged to carry out the Council’s decisions. Member States retain considerable interpretive latitude to implement counterterrorism resolutions. With respect to advancing the humanitarian imperative, we argue that IHL should represent a legal floor for interpreting the Security Council’s decisions and recommendations. In section 5, we describe relevant conduct of the Security Council and States. Under the Resolution 1267 (1999), Resolution 1989 (2011), and Resolution 2253 (2015) line of resolutions, the Security Council has established targeted sanctions as counterterrorism measures. Under the Resolution 1373 (2001) line of resolutions, the Security Council has adopted quasi-“legislative” requirements for how States must counter terrorism in their national systems. Implementation of these sets of resolutions may adversely affect principled humanitarian action in several ways. Meanwhile, for its part, the Security Council has sought to restrict the margin of appreciation of States to determine how to implement these decisions. Yet international law does not demand that these resolutions be interpreted and implemented at the national level by elevating security rationales over policy preferences for principled humanitarian action. Indeed, not least where other fields of international law, such as IHL, may be implicated, States retain significant discretion to interpret and implement these counterterrorism decisions in a manner that advances the humanitarian imperative. States have espoused a range of views on the intersections between safeguarding principled humanitarian action and countering terrorism. Some voice robust support for such action in relation to counterterrorism contexts. A handful call for a “balancing” of the concerns. And some frame respect for the humanitarian imperative in terms of not contradicting counterterrorism objectives. In terms of measures, we identify five categories of potentially relevant national counterterrorism approaches: measures to prevent and suppress support to the people and entities involved in terrorist acts; actions to implement targeted sanctions; measures to prevent and suppress the financing of terrorism; measures to prohibit or restrict terrorism-related travel; and measures that criminalize or impede medical care. Further, through a number of “control dials” that we detect, States calibrate the functional relations between respect for principled humanitarian action and countering terrorism. The bulk of the identified counterterrorism measures and related “control dials” suggests that, to date, States have by and large not prioritized advancing respect for the humanitarian imperative at the national level. Finally, in section 6, we conclude by enumerating core questions that a State may answer to help formulate and instantiate its values, policy commitments, and legal positions to secure respect for principled humanitarian action in relation to counterterrorism contexts.