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2 - Secession, terrorism and the right of self-determination

Published online by Cambridge University Press:  23 July 2009

Andrew Clapham
Affiliation:
Professor of International Law Graduate Institute of International Studies, Geneva
Marcelo G. Kohen
Affiliation:
Graduate Institute of International Studies, Geneva
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Summary

Anti-terrorism treaties and secessionist struggle

One of the historical obstacles confronting the achievement of an internationally agreed definition of terrorism, as a crime under international law, has been support by some governments for the legitimacy of the use of force by peoples subjected to oppressive regimes. This support has extended into the negotiation of international treaties aimed at defining terrorist acts as crimes, and determining forms of international co-operation to punish such crimes. A clear illustration of such support can be found in the Convention of the Organisation of the Islamic Conference (OIC) on Combating International Terrorism of 1999:

Article 2(a) Peoples' struggle including armed struggle against foreign occupation, aggression, colonialism, and hegemony, aimed at liberation and self-determination in accordance with the principles of international law shall not be considered a terrorist crime.

This definition of what is not a terrorist crime, of course only applies in the context of this particular Convention, but other non-universal Conventions include similar exclusions. Consider the 1999 OAU Convention on the Prevention and Combating of Terrorism 1999:

Article 3(1) Notwithstanding the provisions of Article 1, the struggle waged by peoples in accordance with the principles of international law for their liberation or self-determination, including armed struggle against colonialism, occupation, aggression and domination by foreign forces shall not be considered as terrorist acts.

Lastly, consider also Article 2 of the Arab Convention on the Suppression of Terrorism 1998:

All cases of struggle by whatever means, including armed struggle, against foreign occupation and aggression for liberation and self-determination, in accordance with the principles of international law, shall not be regarded as an offence. […]

Type
Chapter
Information
Secession
International Law Perspectives
, pp. 46 - 64
Publisher: Cambridge University Press
Print publication year: 2006

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