Terrorism and International Humanitarian Law: An Analysis

Abstract

This article examines the adequacy of International Humanitarian Law in dealing with current forms of violence widely known as "terrorism." Persons and institutions are all becoming potential targets of terrorist attack, regardless of race, nationality, color, religion, social, economic, political and educational status. Using the legal approach, particularly the provisions of the Four Geneva Convention of 1949 and their Additional Protocols of 1977 which deal with terrorism, this paper discusses the various definitions of terrorism, historical background of terrorism, forms of terrorism, goals and motivations for terrorism, perpetrators of terrorism, the prohibition of terrorism in International Humanitarian Law and the war on the terrorism. It concludes that International Humanitarian Law is adequate in dealing with acts of terrorism which may be committed in international and non-international armed conflict. Those terrorist acts, perpetrated by groups or individuals, which have not yet reached the threshold or level of armed conflict are to be addressed by criminal laws of individual states.