Terrorism and its Distinction from Armed Struggle of Liberation Movements

Volume 5 , Issue 1 , June 2017 , Pages 185-230

Authors

Abdel Samad Rahim Karim Zah Nakneh 1 ; Sdah Daham Toukan 1

1 Department of Law, Al-Kitab University College, Kirkuk, Kurdistan Region, Iraq.

DOI logo 10.17656/jlps.10106

Keywords

Abstract

Terms of "terrorism" and "a terrorist" may lack to lucidity. Definition of the term terrorism is not a simple question as there is an overlap between "terrorism" and other legal terms such as armed resistance and armed struggling of liberal movements concerning the right of self-determination. Terrorism has been a crucial element in the process of political decision-making and a means that is being used by some states to force their internal and external opponents to obey what they impose. Terrorism is one of the methods that is used in the internal scope and to some people, it can be a justified means to confront unfairness. There is no doubt armed struggling for self-determination is a wholly action permitted by human rights principles and international law. In addition, the violence used for the sake of liberation and freedom of unfairness of tyrannical authorities in the suppressive and dictatorship regimes is considered as legitimate from the legal point of view. The United Nations has distinguished for a long time between "terrorism" as an international crime and between armed struggle as one of legitimate national liberal actions. There is no doubt essential differences in nature and aims through the international declaration of the right of self-determination in the UN Charter and other international agreements on human rights. After changing from merely a political principle to a legal right, it became obvious to say that it is the responsibility of every single state to abstain from any coercive action that can deprive dependent nations from their right of self-determination.

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