The Adaptation of International Law to New Generations of International Conflicts and Changes in International Policy in Response and Fight Against the International Terrorism

This study examines the complex, important, yet unclear responses to terrorism within the framework of international law. The question of who is a terrorist depends to a significant extent on the subjective outlook of the definer and many researchers tend to believe that an objective and internationally accepted definition of terrorism can never be agreed upon. The aims of terrorism and guerrilla warfare may well be the same, but they are distinguished from each other by the targets of their operations. A lawful cause does not act to legitimate the means and methods used; therefore, this research examines, in particular, the jus ad bellum and the jus in bello applicable when peoples actively practise their right to self-determination, and the relationship between the struggle for self-determination and terrorism.

The thesis explores ideas and disagreements over definitions of what constitutes terrorist activity. Such problems are tracked by discussing the background and history of terrorism and responses to terrorism, and the thesis considers how these manifests in debates around definitions of armed conflict and their relationship to war crimes, and the reasons which made it impossible to include terrorism within the jurisdiction of the International Criminal Court.

Finally, the thesis considers the unfolding developments around the problem of foreign terrorist fighters, and UN Security Council policy and practice on this issue including concerning how the law seems to be changing in this field and what the implications might be for humanitarian action. Furthermore, this thesis discusses the question of what should be done to address the threats caused by the return of foreign terrorist fighters and whether the measures issued by international bodies such as Security Council Resolution 2178 are sufficient. The concluding part of the thesis makes recommendations aimed at improving the international legal framework.