Legal Criteria of the Right to Self-Determination in Relation to Terrorism under International Law
Self-determination has long been recognised as an inherent right of people. However, with the lack of a detailed provision on what defines the right and how it may be invoked, the struggles and conflicts in invoking the right to self-determination had never ceased nor diminished. With the raising...
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| Summary: | Self-determination has long been recognised as an inherent right of people. However,
with the lack of a detailed provision on what defines the right and how it may be
invoked, the struggles and conflicts in invoking the right to self-determination had
never ceased nor diminished. With the raising threats of terror, many of the struggles
had been labelled as a form of terrorism by certain states. This is also due to an absence
of a universally accepted definition of the term terrorism. The purpose of this study is
to address the legal criteria of self-determination in relation to terrorism under
international law and to examine legal patterns that construed self-determination in
existing and past situations. The study employs a doctrinal method of research based
on Article 38 of the Statute of the International Court of Justice. It will analyse the
existing legal provisions and juristic opinions on matters concerning the right to self-determination
and terrorism. The result of this study reveals that there are legal patterns
and criteria that can be traced in all struggles of self-determination, either successful or
not. This can be used as a demarcating factor of the grey area between selfdetermination
and terrorism |
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