The Definition(s) of Terrorism in International Law

Notwithstanding the need for concerted international action to tackle the problem of terrorism, positive international law is far from offering a sound notion of it. The discussion of such a notion is conditioned by the recurrent abuse of the term ‘terrorism’ in the general debate and by a certain confusion between an empirical description of a phenomenon and its treatment in a legal setting. Proposing a core definition approach - deeply inspired by the conceptual rigour of criminal law - this chapter elaborates a notion based upon the basic rights of civilians and on the unacceptability of their violation by terrorist methods carried out by private organized groups. The definition proposed here, not recognizing any material relevance to the perpetrator’ s motivations because of the overwhelming importance of the value infringed, is able to minimize the relevance of some abused arguments (such as state terrorism or ‘ freedom fighters’ ) and would prove useful in interpretation and in drafting exercises, both at international and national level.