Terrorism, a widespread global phenomenon, manifests itself in the actions and the policies of individuals and groups, but also and primarily in the actions and policies of states. Delving into the seldom-discussed question of the motivation for most episodes of terrorism, this book studies terrorism’s effects based on the economic and geopolitical imbalances that frame today's global governance. The main goal of terrorism is to induce terror, and perhaps to influence public opinion for political change. Many states hide their terrorist activities under the “faces” they show the world, masks intended to hide real aims of acquiring or expanding power and wealth. These activities, presented as “self-defense,” “preventive action,” “counter-measures” or even as promoting "progress and development," are forms of state terrorism that are much more widespread, powerful, and destructive than the actions originating from groups labeled terrorist since 9/11. This book examines the numerous illegal measures states use, from unlawful imprisonment and curtailing of civil liberties to torture, in the name of responding to terrorism. At the same time, it considers how trade and industrial activities terrorize people by depriving them of the natural resources they need to survive and by exposing communities to life-threatening hazardous conditions. In closing, the book considers how existing laws might stem the tide of state terrorism. The conclusions are not optimistic: the UN's systems and legal regimes are clear in defense of human rights, but the structure and nature of state power do not permit these mandates to prevail.
Laura Westra, Ph.D. (1982) in Philosophy, University of Toronto, and Ph.D. (2005) in Law, Osgoode Hall Law School, currently teaches environmental law at the University of Windsor, international law at the University of Milano (Bicocca) and a graduate course on Environmental Studies for Royal Roads University in Victoria,B.C. She has published twenty-seven monographs and collections on environmental justice and human rights issues and international law, and over 85 articles and chapters.
by Tullio Scovazzi Acknowledgements Introduction
1 Terrorism: A Conceptual Analysis Introduction Aggression and Terrorism in International Law 1972–2005: Working on an Impossible Definition One Source: Two Major Global Phenomena The Issues: Terrorism and Collective Human Rights The Nature of Terrorism: A General Discussion Early Research Literature on Terrorism Towards a Non-legal Understanding of Terrorism in its Multiple Aspects Just War in Antiquity and Early Christianity From Morality to Law: Hugo Grotius From Just War to the “War on Terror” Just War and the International Human Rights Conclusion: The “Necessity of Defending the Rule of Law”
2 Terrorism and Crime Introduction Political Crime: History and Background of the Issue Criminal Consequences of Terrorism Secret Prisons and Illegal Detentions The Deprivation of Citizens’ Civil Liberties The Material Support of Terrorism Terrorism and Counter-terrorism Crime
3 Terrorism: Means and Motives, the Quest for Independence and the Limits to Self-Defense Introduction The Question of Justification State Terrorism, Its Goals, Motives and Means: an Evaluation The Moral Response to “Threats” The Strongest Motive for Terrorism in Law, and Morality: Independence and Self- Determination Other Motives for Terrorist Attacks State Terrorism: Various Aspects and Responses Ecoviolence and State Terrorism Climate Change: The Watershed Issue of our Time The International Community Response to Climate Change and the Threat to Human Rights Ecoviolence and Plunder Self-Defense: Justification, Excuse and Duress Justification Based on Social Background
4 State Terrorism and Economic Oppression: The Many “Faces” of State Terrorism Introduction State Terrorism and Ecocrimes: The Interface The Self-Determination Model Revisited: Internal Aspects The Early Background of Self-Determination From Developing Countries’ Approach to Self-Determination to the Impact of Neo-Colonialism State-Sponsored and State-Supported Terrorism Blacklisted States and State Terrorism Intent, Knowledge and Genocide Intent, Knowledge, Causality and Accountability Genocide and Intent Revisited Consequences of the Specific Obstacles Arising from the Present Language of the Genocide Convention Other Faces of State Terrorism State Terrorism in Central and South America Conclusion
5 State Responsibility: Principles and Theory Introduction: The “Age of Human Rights”? Procedural or Substantive Human Rights? Substantive Rights George W. Bush: “Indictment for Torture” The Link Between “Counter-insurgency” and the “War on Terror”: From Guantanamo to Abu Ghraib The UN General Assembly Follow-up to the Advisory Opinion on the Legality of the Threat and Use of Nuclear Weapons The Current Resolution (A/RES/65/76) State Responsibility: From Hans Jonas to Parens Patriae The Parens Patriae Doctrine: An Old Principle with Varied Applications Parens Patriae; Weeramantry and Global Responsibility Global Responsibility v. State Interests: Security Council Veto, 18 February 2011 Parens Patriae as “Sword and Shield”
6 An Antidote to State Terrorism? The United Nations and their Responsibility, Policies and Practices The Need for Justice and Respect for Human Rights (a Reprise of the Argument of the Previous Chapters) The United Nations: Its Principles, Purposes and Mandates The Security Council and the Mandates and Principles of the UN Charter Jus Cogens Norms and the Power of the Security Council Can Security Council Resolutions be Challenged? “A More Secure World: Our Shared Responsibility”? Four Questions: Answers in the 2004 Report? The Role and Responsibility of the United Nations Jus Cogens Norms and Actio Popularis: The Interface The Accountability of the United Nations and its Organs Bill C-45 and the Canadian Criminal Code Bill C-45 and Corporate/Organizational Crime Some Consequences of Bill C-45 UN Responsibility and Accountability, and the Parens Patriae Doctrine Institutionalized Enablers and their Complicit Responsibility UN Security Council Resolution 1973 (2011) on Libya
7 Some Tentative Conclusions to a Disheartening Journey
Postscript: The Assassination of Osama Bin Laden
References Appendix I List of Cases Appendix II List of Documents Index
General interest in law, sociology, international law and political science, on the part of both students and scholars.