Time to Stand Up and Be Counted: The Need for the United Nations to Control International Terrorism [open pdf - 190KB]
"Creation of a viable solution for terrorism requires an understanding of the rationale and justification of armed attacks, to include violent terrorist attacks. In Part II, this article discusses three distinct just war systems and conflicts among these systems. The first system, based on Islam but best known as jihad, formed with little or no influence from the non-Islamic world. This article discusses jihad without Western bias and relies heavily on Muslim scholars as the basis of research. The second system, traditional jus ad bellum, commonly known as the law of resorting to war, is a Western framework that some States (including the United States) argue includes a customary international law concept based on the Caroline incident of 1837. The third system, the framework of the UN Charter, provides limited justification for armed conflict among its members. An understanding of these systems reveals the shortcomings of the existing counterterrorism treaty law and the necessity for classification of violent terrorism as warfare. Because existing treaties for the prevention of terrorism rely on a criminal framework, Part III of this article examines the crime of terrorism and existing counterterrorism treaties. This examination begins with UN actions to fight terrorism and continues with the quagmire of inaction surrounding the drafting of a UN Comprehensive Anti-Terrorism Treaty. Next, this article further illuminates the existing polarity throughout the world by discussing several regional counterterrorism conventions. Lastly, Part IV of this article proposes essential elements for defining and controlling the war crime of international terrorism by non-State actors."
Army Lawyer (2007) Special Joint Service Edition, p. 1-25