DISCUSSION International human rights instruments and standards do not define terrorism. Definitions of terrorism are more relevant to, and have been discussed in the context of, counter-terrorism measures. Even in that context there has been difficulty in achieving international consensus in the definition of terrorism.6 Because of this, the approach taken in the Terrorism Conventions is to focus on specific forms of terrorist activity, such as hostage taking or the seizure of aircraft.7 SAARC also takes this approach, in defining terrorism by reference to the Internationally Protected Persons Convention, the Montreal Convention and the Hague Convention. However, it also includes in its definition of terrorism in Article 1(e): murder, manslaughter, assault causing bodily harm, kidnapping, hostage-taking and offences relating to firearms, weapons, explosives and dangerous substances when used as a means to perpetrate indiscriminate violence involving death or serious bodily injury to persons or serious damage to property. Discussions continue to try to find an internationally agreed definition of terrorism. The UN General Assembly provided an operational definition of terrorism in its Declaration on Measures to Eliminate International Terrorism:8 Criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons or particular persons. 9 The latest attempt at a general definition is contained in the UN Draft Terrorism Convention, which in article 2 defines terrorism as follows: 6 Over one hundred definitions have been proposed. The first attempt at a general definition was by the League of Nations in 1937 in the Geneva Convention for the Prevention and Punishment of Terrorism, which never entered into force as it failed to be ratified by a sufficient number of States. See International Commission of Jurists ‘Terrorism and Human Rights’ (Occasional Papers No 2, April 2002) 185. 7 See Appendix 6 for a discussion of the activities covered by those Conventions. 8 A/RES/49/60 (1995) ‘Measures to Eliminate International Terrorism’ annex at p4. This definition has been reiterated in subsequent GA Resolutions on ‘Measures to Eliminate Terrorism’. See A/RES 50/53 (1996); A/RES 51/210 (1997); A/RES/52/165 (1998); A/RES/53/108 (1999); A/RES/54/110 (2000); A/RES/55/158 (2001); A/RES/56/88 (2002); A/RES/57/27 (2003). 9 It further held that such acts ‘are in any circumstances unjustifiable, whatever the considerations of a political, philosophical, ideological, racial, ethnic, religious or other nature that may be invoked to justify them.’ 33

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