Correlation of the concepts of “Terrorism” and “International Terrorism” in International Law

Abstract

Introduction. The problem of parallel use of two related terms in the legal documents of the UN system and other international organizations: “terrorism” and “international terrorism” is analyzed in the article. A clear understanding of the relationship of these terms is absent in the theory of international law. In addition, the distinctive features of “international terrorism” are not formulated in international legal instruments. Therefore, it is difficult to build a legal model of “international terrorism” and to distinguish it from related legal phenomena. Theoretical Basis. Methods. The author analyzes the doctrinal views of scientists in international law and the approaches related to the legal nature of terrorism and international terrorism, which are implemented in international legal documents. The task of defining the criteria for distinguishing terrorism and international terrorism in international law is posed in this article. The article presents a systematic study based on the methods used in legal science. The method of generalization plays a major role at the stage of research and evaluation of the concepts of “terrorism” and “international terrorism” in the universal anti-terrorist conventions. The method of ascent from the particular to the abstract will reveal the most common features inherent in the legal content of the term “international terrorism”. This method makes it possible to establish how “international terrorism” is understood in international legal instruments and the doctrine of international law. Also, the method of formal legal analysis is applied in the study. Results. The main scientific approaches to the correlation of the concepts of “terrorism” and “international terrorism” in international law are disclosed in the work. The author shows that all approaches fit into two models: supporters of the first distinguish these concepts and believe that international law should fight only against international terrorism; supporters of the second believe that international law should fight against any manifestations of terrorism. Discussion and Conclusion. The author formulates arguments in favor of establishing in international law a system of regulations aimed at combating a wide range of manifestations of terrorism.