Write a 1000 to 1200-word (3-4 pages, double- spaced) e

Question

Write a 1000 to 1200-word (3-4 pages, double- spaced) essay based on one of the following topics:

• What are the main problems with defining the term "terrorism"?

Sahil Sharma · Accepted Answer

Main problems with defining the term “Terrorism”

Introduction

One of the most hotly debated topics in international law is the legal definition of terrorism. Politicians, legal scholars, and advocates for human rights frequently hold contrasting views on the elements that define terrorism as well as the identities of those who do it. It is more than just an act of terror; rather, it is an act fueled by ideology that, by the very nature of its existence, is very subjective (Githens-Mazer & Lambert, 2010; Schuurman and Taylor, 2018). It has been seen in this context that states adopt their own definitions of terrorism, with those definitions being heavily impacted by the national interests of those states. Therefore, in light of this, the purpose of the study is to shed light on the challenges that arise when attempting to define terrorism.

Problem with defining terrorism

No single, all-encompassing definition of terrorism has been agreed upon by the international community (Stubbins et al., 2011). States are making concerted efforts to craft a common definition of terrorism, but so far they have been unable to do so. But there are other challenges to providing a single, all-encompassing definition of terrorism. The first is that opinions about terrorism are often at odds with one another. It's true that the definition of terrorism is one of the most hotly debated topics in the field of international law (Ganor, 2002). As a result, definitions of terrorism and the identities of those who commit acts of terrorism are often contested ground amongst politicians, legal scholars, and human rights activists. The contestation is aptly described by the adage: one man's terrorist is another man's freedom fighter (Ganor, 2002). The Palestinian Liberation Organization (PLO) and its former leader Yasser Arafat are only one example of a group that has been labelled a terrorist group by certain nations while being viewed as a liberation fighter by others, leading to Mr. Arafat being awarded a prestigious peace prize (the Nobel Peace Prize).

The second, and arguably more crucial, is that terrorism is and always has been about more than just instilling fear. Rather, it is a set of beliefs based on underlying motivations (Rothenberger & Müller, 2015; Martin, 2012). As a result of their various goals, methods, and targets, "terrorist organisations" are not all alike. While most terrorist organisations have commonalities such as the employment of violence, they are frequently driven by radically divergent ideologies and seek to achieve objectives that stand in stark contrast to those of other terrorist groups (Wright, 2013). For instance, nationalist breakaway movements fueled by ethnic exhilaration may have different goals than those of terrorists inspired by a particular religion. While both groups use violence to get what they want, what they want is very different. Understanding terrorism is difficult due to the presence of conflict and overlap among the underlying motives of the groups. Furthermore, one will be compelled to include all characteristics of terrorism in the definition, leading to a bigger definition, if one does not comprehend the underlying motives of a terrorist group. As mentioned above, the inclusion of a broader range of actions as terrorist activities leads to violations of international human right legislation and humanitarian law, which is problematic.

Thirdly, the difficulty in defining terrorism stems from the term's extreme subjectiveness. Terrorism had appeared in so many various shapes and under so many varied conditions that a comprehensive description was unattainable, as stated by Walter Laqueur (Laqueur, 1977). Terrorism takes many forms, and each nation need a unique approach to its prevention. As a result, states create their own definitions of terrorism that are shaped by their own national interests. Since governments' politics and national interests are always changing, it stands to reason that their definitions of terrorism will evolve in different ways, leading to inconsistency and confusion. Some nations have a broad definition of terrorism that encompasses all forms of violence, while others have a restrictive definition to safeguard legal rights.

Some countries' legal systems have also adopted definitions that are quite broad in scope. For instance, the Ethiopian anti-terrorist proclamation is regarded by many as a tool to strangle decenters. It embraced an overly wide and imprecise definition of terrorism, which conferred unheard-of new powers on the police and security services and moved the burden of proof onto the accused (Gordon et al., 2015). The issue with this all-encompassing term is that it leaves room for a variety of interpretations and for the systematic mistreatment of those who have been accused, both of which can ultimately lead to violations of international human rights norms.

Under international law, it can be challenging to provide a definition of terrorism that is acceptable to all parties involved due to the factors discussed above. And if there is no agreement on the definition of terrorism, then there is a problem with the implementation of the various laws (for example, the law of armed conflict). This is because the definition would provide answers to very crucial questions, such as: who are the terrorists? What exactly are the elements of terrorism? Who are they if they are not these things? Should we consider a person to be a terrorist just because they are taking part in hostilities directly? In addition, what kinds of laws are going to be enforced against the alleged terrorists... etc.? Consequently, given that there is no definition of terrorism that is accepted by everyone, the answers to those questions will continue to be contentious and unanswerable.

Conclusion

The comprehensive definition of terrorism under international law has been difficult to achieve because of the disputed character and strong ideological orientation of terrorist acts. In addition, treaty laws have not been successful in bringing about a definition that is acceptable because they only focus on particular components of terrorism. On the other hand, as Cassese made abundantly apparent, there is a consensus in accordance with international law regarding the overarching aspect of terrorism. In light of this, the Special Tribunal for Lebanon (STL) put out the idea of an operationally feasible emerging legal definition of terrorism. By accepting the general concept of terrorism that is found in international law, this decision has made history as the first ever authoritative ruling handed down by an international tribunal. However, the verdict that was reached by the tribunal will unquestionably be of assistance in the ongoing search for a definition of terrorism that is acceptable under international law.

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