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برومهال مه&U

Counter-Terrorism Law and Practice: An International Handbook

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21 of 100 DOCUMENTS Copyright (c) 2005 by the Case Western Reserve University School of Law Case Western Reserve Journal of International Law 2005 37 Case W. Res. J. Int'l L. 421 LENGTH: 8030 words War Crimes Research Symposium: "Terrorism on Trial": State Actors in an International Definition of Terrorism from a Human Rights Perspective * * Presented at the War Crimes Research Symposium: "Terrorism on Trial" at Case Western Reserve University School of Law, sponsored by the Frederick K. Cox International Law Center, on Friday, Oct. 8, 2004. The author thanks the Symposium Co-Chairs, Professor Michael Scharf and Lt. Col. Amos Guiora, as well as the staff of the Cox Center and Case Western School of Law for organizing the event. NAME: Bruce Broomhall + BIO: + Professor of international criminal law and Director of the Centre for the Study of International Law and Globalization, Department of Law, University of Quebec at Montreal. The authors reflections on the link between the definition of terrorism and the protection of human rights was prompted in part by Kent Roach, Professor of Law at the University of Toronto. See KEN ROACH, SEPTEMBER 11: CONSEQUENCES FOR CANADA 21-46 (2003). SUMMARY: ... The question of whether and how to define the crime of terrorism is one that raises a series of intriguing and difficult questions: intriguing, because the international community has been devoting unprecedented attention to the categorical condemnation of this (undefined) crime; and difficult, because efforts to define terrorism seem destined perpetually to evoke the most volatile, partial, and situation-driven of State sensitivities. ... Nothing in this Convention shall affect other rights, obligations and responsibilities of States, peoples and individuals under international law, in particular the purposes and principles of the Charter of the United Nations, and international humanitarian law. ... To the extent that the overall design of international humanitarian law represents policy choices concerning how to deal with armed conflict to which the international community is still committed, the adoption of a provision such as that just examined would represent a serious revision of those policies by criminalizing conduct viewed through the sole lens of "terrorism" where it might otherwise be dealt with by more a nuanced and appropriate range of concepts and mechanisms in the context of IHL. ... The logic of the above arguments dictates that, if Member States of the United Nations are determined to adopt a Comprehensive Convention on International Terrorism, the second paragraph of the Page 1
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Coordinator's text above should nevertheless respect more fully the rules and principles of humanitarian law by excluding both the armed forces of the State and non-State combatants from the coverage of the Convention, while the Coordinator's third paragraph should be deleted entirely. ... TEXT:
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برومهال مه&U

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