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.’
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