Problem of Defining Terrorism under International Law: Definition by the Appeal Chamber of Special Tribunal for Lebanon as a Solution to the Problem

Abstract

This article explores the quest for the legal definition of terrorism under international law. By employing doctrinal research methodology, the paper qualitatively analyze international legal instruments, customary international law, and decisions of international courts and works of various scholars. In doing so, the article first discusses about the difficulty of defining terrorism under international law. In addition, the paper will discuss about the major attempts to define terrorism both by scholars and legally. In dealing with the quest for legal definition, the paper will explore the various attempts to define terrorism by treaty laws and the lacuna thereof. Furthermore, it discusses the definition provided by the Appeals Chamber of the Special Tribunal for Lebanon (STL). Accordingly, the paper calls on the significance of the definition provided by STL for the reason that the decision incorporated elements provided by various UN Resolutions and treaties, customary international law and domestic courts. Hence, the definition by STL should be taken as a universally agreeable one.