Combating Terrorism: Challenges and Responses

Siamak Karamzadeh | S. Ahmad Tabatabei

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URL :   http://research.shahed.ac.ir/WSR/WebPages/Report/PaperView.aspx?PaperID=85288
Date :  2018/07/17
Publish in :    AD ALTA: Journal of Interdisciplinary Research

Link :  http://www.magnanimitas.cz/08-01
Keywords :Counter-Terrorism Conventions, Self-Defense, Terrorism, Use of Force

Abstract :

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To control terrorism, international community has been faced with legal problems. These problems relate to lack of universally accepted definition of terrorism, state jurisdiction, law on extradition, prosecution and punishment of terrorist offenders and use of force against state-sponsored terrorism. Peaceful measures involve ratification of international treaties to deal with various forms of terrorism. These treaties provide different provisions for arrest, prosecution, punishment and extradition of offenders. Even the enforcement system established by counter-terrorism conventions has not been successful in controlling terrorism. The use of force as a coercive means to control terrorism is not always preceded by peaceful ones. These responses do not always fulfill the preconditions laid down by international law for the use of force. To assess responses to terrorism, the doctrine of self-defense is employed as a measure of legitimacy for the use of force which established on the requirement of an armed attack under Article 51 of the UN Charter. International efforts in combating terrorism have not been much effective. In spite of the measures taken by international community in different levels, the problem is still with us and has become a major problem. This indicates the disability of international regulations and deficiency of international order.