The definition of terrorism in international law The subject of this graduation thesis is to explore problem of defining terrorism in international law. Although it is very broad topic, the thesis has attempted to explore most of the questions this issue has offered. First of all, it examines reasones why define terrorism in international law. Further this study provides information about perception of the term terrorism in the past depending on the political and social conditions and about how the terrorist attacks influenced the effort to find the definition of terrorism. The thesis pays big attention to regional treaty in which terrorism is defined and uses it as a comparison basis for finding the elements of the definition, since regional international treaty law has achieved the biggest success in this area. However, in the last two decades successes have achieved on universal level, especially by the adoption of the International Convention for the Suppression of Financing of Terrorism, which is the first universal agreement binding defines terrorism. This study also introduces the latest development of efforts to create a Comprehensive Convention on the Suppression of International Terrorism, which is, unfortunately, no more than small. Given the decades-long efforts to define terrorism, the...

M.A. (History) / Please refer to full text to view abstract

This booklet is intended to serve as a report-back to those organisations which were party to the Conference for a Democratic Future (CDF) and to those who were unable to be present. It is also intended to act as a guide to action for 1990 and beyond. The CDF was a historic gathering of the forces for change represented by 4600 delegates from over 2100 organisations. These range form Bantustan parties on the one end of the political spectrum to ultra leftist groups on the other end. But perhaps the most significant presence was from organisations like Five Freedoms Forum, NAFCOC, the Hindu Seva Samaj, that of traditional leaders and the hundreds of other community organisations which are rapidly becoming an active component of the mass struggle for change. Also significant was the strong worker representation from a range of trade unions, including eight affiliates of NACTU whose leadership had turned down the invitation to be part of the Conference. The Conference for a Democratic Future was a major step in the overall process of building unity in action and maximising the isolation of the regime. It was, in this sense, not an isolated event. The year 1989 had taken unity in action to new heights with the Defiance Campaign and the mass marches. The process leading up to the CDF was intended td be more important then the Conference itself. Likewise, in the post-Conference period, the follow-up process should be given the importance it deserves. At the end of the day, it is this follow-up process which would determine the actual success or failure of the CDF exercise. The Declaration adopted at the Conference represents the strategic orientation of the broad forces for change. It calls for the intensification of the struggle and for the placing of the question of political power on the agenda of our united mass action. The Conference resolutions collectively contain the elements of a programme of action. Without exception, each resolution is a call to action. The task of all participants of the Conference is to translate these resolutions into Mass United Action. The adoption of the Harare Declaration should act as the starting point of a process which takes its content to the masses of our people in all comers of the country. The demand for the Constituent Assembly should become a popular demand of the people. By adopting the resolution on international pressure, the Conference sends an unambiguous signal to the world community on how the people of South Africa view their role in the struggle to end apartheid. The follow-up to the Conference should also be a continuing search for whatever common ground exists between the broad forces for change. This search must take place not only at a national level, but mere importantly at a regional and local level. Let us bear in mind the words of the Declaration: “The moral appeal of the Democratic Movement has never been greater”. by an MDM delegate on the CDF Convening Committee. / Includes the Harare Declaration: declaration of the OAU Ad-hoc Committee on Southern Africa on the Question of South Africa (Harare, Zimbabwe, August 21, 1989)

Self-determination is a peoples' right to freely determine their political, economic and cultural destiny without external interference. However, the cultivation of a culture of respect for self-determination remains the greatest challenge to post-colonial Africa. Dictatorships and other oppressive regimes very substantially affected Africa's efforts to develop a culture of constitutionalism and respect for the right of peoples to selfdetermination. Most African countries typify the failed effort of trying to establish an enduring democracy and respect for the right of peoples to take part in the government. After five decades of transition from colonialism to constitutional democracy, most African peoples are still under the yoke of governments they consider undesirable or oppressive. This work primarily sets out to investigate if the denial of the right of peoples to self-determination justifies the use of force to secure such a right. Since independence, Africa has experienced armed rebel groups seeking either to effect radical transformation of the whole state or to separate from the state to which they belong in order to create a new state. In the main, this study explores the extent to which rebel groups acting on behalf of peoples are or are not allowed to use force for the attainment of self-determination. The thesis begins with an historical development of the right to self-determination in international law. It initially examines how self-determination has developed from a political principle to a legal right. Despite the fact that self-determination is one of the core principles of the UN Charter, there are still many controversies over its precise meaning, scope and application. The thesis considers the two aspects of selfdetermination: external self-determination and internal self-determination. The external aspect implies the right of people to form a new, sovereign and independent state, whereas the internal aspect implies the right of people to participate in the political framework of an existing state. The thesis also assesses the state of the academic literature over the right of peoples to self-determination, with a view to determining whether the right can be used by a group of people whose internal self-determination has been denied to effect secession from the state. It advocates that, outside the colonial context, the right of self-determination does not equal to a "right to secession and independence". The thesis argues, however, that in exceptional circumstances such as gross violations of human rights and the denial of internal self-determination, people should be endowed with a right to secession in the manifestation of a right to unilateral secession as a remedy of such injustices. The thesis further turns to the mechanisms for the protection of the peoples' right to self-determination, the problems and challenges in Africa. The challenges do not only include the legality of the use of force by rebel groups and national liberation movements in seeking to attain self-determination, but also the right of other states to assist them in their struggles. The work probes the nature of international law and critically assesses whether the persistent denial of demands for self-determination led to calls for drastic remedies, including the use of armed force. Before this theory is critically assessed, the thesis defines the differences between national liberation movements and rebel groups. It argues that as far as self-determination struggles are concerned, there must be representative organisations acting on behalf of people whose right of self-determination has been denied. In the light of these contentions, the study examines the general ban on the use of force as laid down by the UN Charter, and finds that the Charter does not expressly refer to self-determination as a situation where people may resort to the use of force for the attainment of such a right. It then turns to the history of and circumstance surrounding the use of force, examines the jus ad bellum regarding "liberation struggles", and concludes that the use of force by national liberation movements against colonial and racist regimes has strong theoretical foundations and support in state practice. Outside of the colonial and apartheid contexts, however, the argument that rebels acting on behalf of oppressed peoples may legitimately use force in pursuit of selfdetermination thus remains ambiguous. In that context, this thesis examines the practice relating to the use of force by rebel groups and the laws of war provisions that apply in civil wars, and concludes that none of them proves that the international community of states accepts rebels' right to use force as a legal entitlement. Finally, based on the lessons learned from and lacunae identified in all norms relating to the enforcement mechanisms of the right of self-determination, this study concludes with a set of suggestions and recommendations. / LLD (Law), North-West University, Potchefstroom Campus, 2015

Self-determination is a peoples' right to freely determine their political, economic and cultural destiny without external interference. However, the cultivation of a culture of respect for self-determination remains the greatest challenge to post-colonial Africa. Dictatorships and other oppressive regimes very substantially affected Africa's efforts to develop a culture of constitutionalism and respect for the right of peoples to selfdetermination. Most African countries typify the failed effort of trying to establish an enduring democracy and respect for the right of peoples to take part in the government. After five decades of transition from colonialism to constitutional democracy, most African peoples are still under the yoke of governments they consider undesirable or oppressive. This work primarily sets out to investigate if the denial of the right of peoples to self-determination justifies the use of force to secure such a right. Since independence, Africa has experienced armed rebel groups seeking either to effect radical transformation of the whole state or to separate from the state to which they belong in order to create a new state. In the main, this study explores the extent to which rebel groups acting on behalf of peoples are or are not allowed to use force for the attainment of self-determination. The thesis begins with an historical development of the right to self-determination in international law. It initially examines how self-determination has developed from a political principle to a legal right. Despite the fact that self-determination is one of the core principles of the UN Charter, there are still many controversies over its precise meaning, scope and application. The thesis considers the two aspects of selfdetermination: external self-determination and internal self-determination. The external aspect implies the right of people to form a new, sovereign and independent state, whereas the internal aspect implies the right of people to participate in the political framework of an existing state. The thesis also assesses the state of the academic literature over the right of peoples to self-determination, with a view to determining whether the right can be used by a group of people whose internal self-determination has been denied to effect secession from the state. It advocates that, outside the colonial context, the right of self-determination does not equal to a "right to secession and independence". The thesis argues, however, that in exceptional circumstances such as gross violations of human rights and the denial of internal self-determination, people should be endowed with a right to secession in the manifestation of a right to unilateral secession as a remedy of such injustices. The thesis further turns to the mechanisms for the protection of the peoples' right to self-determination, the problems and challenges in Africa. The challenges do not only include the legality of the use of force by rebel groups and national liberation movements in seeking to attain self-determination, but also the right of other states to assist them in their struggles. The work probes the nature of international law and critically assesses whether the persistent denial of demands for self-determination led to calls for drastic remedies, including the use of armed force. Before this theory is critically assessed, the thesis defines the differences between national liberation movements and rebel groups. It argues that as far as self-determination struggles are concerned, there must be representative organisations acting on behalf of people whose right of self-determination has been denied. In the light of these contentions, the study examines the general ban on the use of force as laid down by the UN Charter, and finds that the Charter does not expressly refer to self-determination as a situation where people may resort to the use of force for the attainment of such a right. It then turns to the history of and circumstance surrounding the use of force, examines the jus ad bellum regarding "liberation struggles", and concludes that the use of force by national liberation movements against colonial and racist regimes has strong theoretical foundations and support in state practice. Outside of the colonial and apartheid contexts, however, the argument that rebels acting on behalf of oppressed peoples may legitimately use force in pursuit of selfdetermination thus remains ambiguous. In that context, this thesis examines the practice relating to the use of force by rebel groups and the laws of war provisions that apply in civil wars, and concludes that none of them proves that the international community of states accepts rebels' right to use force as a legal entitlement. Finally, based on the lessons learned from and lacunae identified in all norms relating to the enforcement mechanisms of the right of self-determination, this study concludes with a set of suggestions and recommendations. / LLD (Law), North-West University, Potchefstroom Campus, 2015

The main focus of this thesis is to examine Israel's counter terrorism methods and their consequences and to debate the effectiveness of Israel's counter terrorism policy. By stimulating a debate on these issues it is possible to identify a more effective counter terrorism policy. In order to examine Israel's counter terrorism methods, their consequences and effectiveness, it is necessary to first explore the overall concepts of terrorism and counter terrorism. Then, because counter terrorism policy is hard to evaluate if one does not look at the context which surrounds it, this thesis will therefore explore some aspects of Israeli security history which has and continues to influence its counter terrorism policy. Furthermore, this thesis will provide an introduction to the general development of Palestinian resistance movements which will include a scrutiny of Hamas. This thesis has selected some of Israel's counter terrorism methods, and will be examining the width and depth of these methods as well as their consequences on the Palestinian society in general and on Hamas in particular. In seeking to answer the more general question about the effectiveness of Israel's counter terrorism policy the thesis will evaluate this aspect by relying on qualitative and quantitative indicators. This thesis will show that Israeli counter terrorism methods do reduce the capacity of Hamas and as such has prevented certain attacks or incapacitated Hamas' military wing for a limited time; they have, however, had a limited effect in the long run. It will be shown that these methods have consequences far beyond reducing the terrorist organisation capacity, which deepen the root causes for terrorism and increase the motivation to continue the resistance.

In light of the widely acknowledged absence of the definition of terrorism in international law and once again unsuccessful attempts to agree on it in April 2013 at the United Nations, this thesis aims to propose such a definition. Chapter One firstly attempts to answer why international law needs to define terrorism. It analyzes international criminalization of terrorism, sectoral anti-terrorism conventions and the obligations to fight terrorism imposed on states by the Security Council. Disagreeing with the views expressed by Rosalyn Higgins and John Dugard, the author advances arguments how such a definition could help solve problems of efficiency and legitimacy in all these fields. Chapter Two then asks why, if a definition is needed, it does not already exist. The Chapter surveys the major historical attempts to define terrorism, aiming to identify the greatest obstacles and advances to agreeing on a definition. Notably, it finds that the main obstructions were disagreements whether states and national liberation movements can be actors of terrorism. Aside from treaty definitions, the author also analyzes and criticizes the arguments in the 2011 Ayyash judgment by the Special Tribunal for Lebanon over the alleged emergence of a peacetime definition of terrorism in customary international law. Chapter Three then draws on the first two Chapters and analyzes the elements of the definition of terrorism: actors, conduct, intent, targets, motive and scope. It aims to explain... [to full text] / Atsižvelgdamas į plačiai pripažįstamą faktą, kad tarptautinėje teisėje nėra terorizmo apibrėžimo, ir į dar kartą nepavykusius Jungtinių Tautų Organizacijos 2013 m. balandžio mėnesio bandymus dėl jo susitarti, šis darbas siekia pasiūlyti tokį apibrėžimą. Pirmasis skyrius iš pradžių bando paaiškinti, kodėl tarptautinėje teisėje reikalingas terorizmo apibrėžimas. Skyriuje nagrinėjami tokie klausimai kaip tarptautinis terorizmo kriminalizavimas, sektorinės kovos su terorizmu konvencijos ir Saugumo Tarybos valstybėms nustatyti įsipareigojimai kovoti su terorizmu. Prieštaraudamas Rosalyn Higgins ir John Dugard išreikštoms nuomonėms, autorius pateikia argumentus, kaip toks apibrėžimas galėtų išspręsti efektyvaus reguliavimo problemas visose minėtose srityse. Antrasis skyrius tuomet klausia, kodėl, jeigu apibrėžimas reikalingas, jis vis dar neegzistuoja. Skyrius apžvelgia pagrindinius istorinius mėginimus apibrėžti terorizmą, siekdamas nustatyti pagrindines kliūtis ir svarbiausius pasiekimus tariantis dėl apibrėžimo. Autorius atskleidžia, kad pagrindinės kliūtys kilo dėl nesutarimų, ar valstybės ir nacionalinio išsivadavimo judėjimai gali būti terorizmo vykdytojai. Be sutartyse pateikiamų apibrėžimų, autorius nagrinėja ir kritikuoja Specialiojo Tribunolo Libanui 2011 m. Ayyash byloje pateiktus argumentus, kad taikos metu taikomas terorizmo apibrėžimas neva jau susiformavo tarptautinėje paprotinėje teisėje. Trečiajame skyriuje, remiantis pirmųjų dviejų skyrių išvadomis, nagrinėjami... [toliau žr. visą tekstą] / Rappelant l'absence de la définition du terrorisme en droit international, cette thèse vise à proposer une telle définition. Le Chapitre Un explique le besoin de définir le terrorisme. Par la suite, le Chapitre analyse la criminalisation du terrorisme international, les conventions sectorielles contre le terrorisme et les obligations de combattre le terrorisme imposée par le Conseil de sécurité. En désaccord avec les opinions exprimées par Rosalyn Higgins et John Dugard, l'auteur avance des arguments défendant une telle définition, et expliquant comment elle pourrait contribuer à résoudre les problèmes d'efficacité et de légitimité dans tous ces domaines. Le Chapitre Deux demande alors pourquoi, si une définition est nécessaire, elle n'existe pas. Ce Chapitre examine les principales tentatives historiques pour définir le terrorisme. Il essaie d'identifier les principaux obstacles et avancées à l'accord. On en conclut que les principaux obstacles étaient les désaccords concernant le fait que les Etats et les mouvements de libération nationale puissent être des acteurs du terrorisme. Mis à part les définitions conventionnelles, l'auteur analyse également et critique les arguments de l'arrêt de Ayyash 2011 par le Tribunal spécial pour le Liban sur la prétendue émergence d'une définition du temps de paix du terrorisme en droit international coutumier. Le Chapitre Trois s'appuie ensuite sur les deux premiers chapitres et analyse les éléments de la définition du terrorisme: les... [toliau žr. visą tekstą]

PhD (Political Science) / Department of Development Studies / No serious study into the contemporary politics of Zimbabwe can ignore the celebrated influence of nationalism and the attendant role of elite leaders as a ‘social force’ in the making of the nation-state of Zimbabwe. This study analyses the role played by nationalism as an instrument for political mobilisation against the white settler regime in Rhodesia by the Zimbabwe African People Union (ZAPU) and the Zimbabwe African National Union (ZANU). Therefore, of particular importance is the manner in which the evolution and comprehensive analysis of these former liberation movements, in the political history of Zimbabwe have been viewed through the dominant lenses of nationalism. Nationalism can be regarded as the best set of beliefs and the worst set of beliefs. Being an exhilarating force that led to the emergence of these nationalist movements to dismantle white minority rule, nationalism was also the same force that was responsible for dashing the dreams and hopes associated with an independent Zimbabwe. At the centre of this thesis is the argument that there is a fault line in the manner in which nationalism is understood as such it continued to be constructed and contested. In the study, nationalism has been propagated as contending political narratives, and the nationalist elite leaders are presented as a social force that sought to construct the nation-state of Zimbabwe. Thus, the study is particularly interested in a comparative analysis of the competing narratives of nationalism between ZAPU and ZANU between the period of 1977 and 1990. This period is a very important time frame in the turning points on the nationalist political history of Zimbabwe. Firstly, the beginning of this period saw the struggle for the liberation of Zimbabwe climax because of concerted efforts by both ZAPU and ZANU. Secondly, the conclusion of this period saw the death of ZAPU as an alternative to multi-party democracy within the nationalist sense and the subsequent emergence of a dominant socialist one-party state. Methodologically, a qualitative approach has been employed where the researcher analysed documents. / NRF

This Dissertation, written at the Department of Political Studies in the School of Social Sciences, is submitted in fulfilment of the requirements for the Degree of Doctor of Philosophy (Ph.D), to the Faculty of Humanities at the University of the Witwatersrand, Johannesburg, South Africa, September 2017 / The purpose of this study is to examine the causes of ideological moderation in the South African party system in the post-1994 period. Previous research stresses the non-left-right feature of politics and when it recognises the centrist feature of major parties and moderation of the party system, the causes of the latter are unexplained. The deficiency in previous research is that moderation and limited left-right disagreements as fundamental causes of broader political dynamics are overlooked — moderate systems foster political consensus and democratic stability. In this study I critically examine three theoretical causal variables that account for moderation: the electoral system, the electorate, and the dominant party. This study relies on a measurement of party system fragmentation, and voter and party system polarisation, as well as an intensive qualitative assessment of the ANC. The evidence is based on a number of nationally representative surveys that measure public opinion; interviews with political party leaders and representatives, and officials from labour and business; and document analysis. The finding is that the ANC as the dominant party is the main driver of moderation in the party system. Coupled with electoral dominance, the centripetal, non-dogmatic, pragmatic and flexible tendencies that characterise the ANC permit the party to induce and stabilise party system moderation. This study: develops a causal framework for understanding moderation; builds on previous research about the centrism of major parties and the moderation of the party system (both quantitatively and qualitatively); departs from the argument about the fragmented and rightist nature of the opposition bloc and the race-based approach to the electorate; and extends the debate about the ANC by arguing that left-right movement occurs within centrist terrain, and that the party is not an amorphous or client entity but a clearly defined one. I also add to: the growing body of knowledge that finds no necessary connection between proportionalism, extremist party positioning and polarisation; the idea that party system polarisation is less reflective of voter polarisation; and concur with previous research that argues that the role of a pivotal centre party is critical for the party system. / XL2018

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