The prohibition of terrorism under international humanitarian law and international criminal law

Abstract

Terrorism is a widely spoken word globally, with not many people understanding its true meaning or its place within international law. The idea of terrorism usually involves suicide bombings, mass shootings and/or murders in everyday life. The realm of terrorism within the context of International Humanitarian Law, that is during armed conflicts, shows a lack of research and action. Despite the lack of a universal definition of terrorism, the existence of this crime is not in dispute. The international legal community have several conventions related to terrorism, which will be discussed in this paper, however, the lack of accountability, investigations and prosecutions for the crimes committed during armed conflicts show a clear lacuna in both International Humanitarian Law and International Criminal Law. This gap in the law brings doubt about whether civilians truly are protected by International Humanitarian Law and whether International Criminal Law suffices to protect civilians through the criminalisation of terrorism during armed conflicts. This research paper intends to explore the legal prohibitions and protections provided under International Humanitarian law and International Criminal Law, specifically related to terrorism and acts of terror in the context of armed conflicts. Several treaties and case law examples will be discussed and interpreted in an attempt to determine whether there is indeed a prohibition on terrorism in armed conflicts and what protection is afforded against it for civilians, specifically in detention. And if this is answered in the affirmative, we may be a very small step closer to bringing justice to victims of terrorism.