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At least since the September 11 attacks, we hear the term "terrorism" a lot. It seems to be often used as a political and propaganda tool to put pressure on your enemies.

Are there clear definitions of "terrorism" in legal international documents accepted widely by countries?

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    Did you make a search for your question? What answers did you get already? Commented Aug 1 at 11:02

2 Answers 2

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A most general one failed to achieve consensus among countries thus far.

What they could agree upon e.g. in the International Convention for the Suppression of Terrorist Bombings was that unlawfully blowing something up with specific intent is terrorism. Of course, 'unlawfully' (implicitly) excludes lawful acts of war (or 'self-defense' in more current UN lingo) etc.

You might expect the intent has to be to 'terrorize', but it's not actually defined [narrowly] like that in that Convnetion. It can be just to "cause destruction [...] likely to result in major economic loss".

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    There's also an explicit caveat in article 19.2 that [broadly] removes the "armed forces during an armed conflict" from the remit of the [terrorist bombing] Convention. So, even actions that might be part of an 'illegally started war' [UN-charter-wise] is outside the remit of that Convention, even if they might not be lawful otherwise. Commented Aug 1 at 17:36
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There is no current agreement regarding of a universal legal definition of [terrorism].

That's not how international law works.

There are many sources of international law, but it is fundamentally different from national law. This is because there is no "Leader" of the world. National laws can be enforced by a government, which has a "monopoly of violence" - it can put you in jail if you break the law. There is nothing analogous between sovereign nations.

So international law depends on the agreement and consent of the various nations and their governments. Much is "customary", that is expressions like "crime against humanity" are understood in context from their use and the general meaning of the words, rather than being narrowly defined in a statute or code of law. Also remember that not all the world speaks English, and translations may differ, and different cultures may understand English words differently.

So in customary use, for example, the acts of Sept 11 2001 are described as terrorism in UNSC Resolution 1373 - So a working definition could be

An act similar to those of Sept 11 2001

However, the UN does use the word "terrorist" (for example in Resolution 2187)

The UN Drugs and Crime section has a useful and fairly clear summary of the state of the definition of "terrorism" as they understand it in international law:

Although there is no current agreement regarding of a universal legal definition of the term, there has been some debate regarding the possible existence of an, at least partial, customary definition of terrorism. This followed the somewhat controversial judgment of the Special Tribunal for Lebanon in 2011, which found that since at least 2005, a definition of "transnational terrorism" has existed within customary international law:

As we shall see, a number of treaties, UN resolutions, and the legislative and judicial practice of States evince the formation of a general opinio juris in the international community, accompanied by a practice consistent with such opinio, to the effect that a customary rule of international law regarding the international crime of terrorism, at least in time of peace, has indeed emerged. This customary rule requires the following three key elements: (i) the perpetration of a criminal act (such as murder, kidnapping, hostage-taking, arson, and so on), or threatening such an act; (ii) the intent to spread fear among the population (which would generally entail the creation of public danger) or directly or indirectly coerce a national or international authority to take some action, or to refrain from taking it; (iii) when the act involves a transnational element. ( Interlocutory Decision, 2011, para. 85).

In reaching such a finding, the Tribunal relied primarily upon relevant United Nations policies, practices, and norms, including those of the General Assembly, as well as upon national and international jurisprudence. Furthermore, it was stated by the Tribunal that the necessary substantive (objective and subjective) elements for two other classes of terrorist criminal conduct also existed within international law: war crimes committed in the course of international or non-international armed conflict; and those acts crossing the threshold to constitute crimes against humanity, whether perpetrated during peace time or armed conflict.

So there you have it: A terrorist is someone who commits criminal acts with the intent of spreading fear among a population or to coerse a government.

Now the trouble with definitions is that they get abused to prove points. I'm pretty familiar with this over on Astronomy.se, where every so often someone comes up with some reason why the IAU definition of "planet" includes Pluto (or excludes Jupiter etc). So I shall repeat the most important line of my quote:

There is no current agreement regarding of a universal legal definition of [terrorism].

Sources

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  • However working out the fuzzy edges of the notion appears to have deadlocked en.wikipedia.org/wiki/… I'm not exactly sure who opposed what and why, because the wiki page isn't of best quality in this instance. It appears to hint that Western and Islamic countries diverged on some of the finer points. Commented Aug 1 at 13:49
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    No! I think (as a physicist from physics SE) that it is excellent to have a test case if you are thinking about definitions!! And in this case: Israel's assassination of the chief (or Iran assassinating an Israeli military leader) would be good test cases. In those cases it is meant to weaken their military adversary, not to spread fear among the population. So not terrorism. On the other hand: if Iran would raid some buildings in Paris and kill some uninvolved French people there, or if Israel would poison in the London subway, that would be terrorism! @James' answer clarifies it nicely. Commented Aug 3 at 5:50
  • "So there you have it: A terrorist is someone who commits criminal acts with the intent of spreading fear among a population or to coerse a government." I find the second option ("or to coerse a government.") superfluous. The first part is consistent with common understanding of the term and not a bunch of hair-splitting jargon. To terrorize is to use violence with the purpose of striking fear, quite generally. A terrorist does not need to be politically motivated, but the motive must be to strike fear.
    – Buck Thorn
    Commented Aug 4 at 9:06
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    thank you @buck, but the question was related to "definitions in international law" and not my personal opinion of what terrorism is defined to be. So I'll stick to the definition from the source.
    – James K
    Commented Aug 4 at 9:35
  • Agreed, my comment is an opinion. But then it is relevant to what seems an opinionated question. The OP is wondering why Israeli military is not condemned as a terrorist organization (even if various leaders in the war have been otherwise condemned by the UN). Arguably Israel does not kill civilians to terrorize them but rather when striking military targets, although arguably it is also doing the same, attempting to coerce civilian action against Hamas militants by terrorizing the population. Hard not to get opinionated. I will delete this soon enough if a mod doesn't first.
    – Buck Thorn
    Commented Aug 4 at 9:41

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