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Politico-Legal Reflections On International Terrorism And Preclusions From Wrongfulness

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Chapter Summary

The High Level Panel appointed by the Secretary-General of the United Nations to examine proposals for reforming the U.N. Charter notes the existence of opinions which reject the definition of such acts as terrorism because they fall within the right to resist an illegal occupier or which emphasize so-called State terrorism. It is regrettable and disheartening that the Outcome Document from the World Summit omitted to make any mention of the definition of terrorism or to declare that there is no longer any possible excuse for tolerating terrorism or not openly condemning it. In their response to international terrorism, States can take into account the concept of circumstances for precluding unlawfulness. The International Law Commission lists six such circumstances in its definitive draft articles on state responsibility for internationally wrongful acts (2001): Consent by the victim, self-defence, countermeasures, force majeure, distress and necessity.

Keywords: International Law Commission; international terrorism; Secretary-General; United Nations; World Summit Outcome Document



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