Problems of Definiting the Concept and Essence of Terrorism in International Law

One of the most important (and top-priority for solving) reasons for the insufficient effectiveness of international law in the fight against terrorism is the lack of a universal international legal definition of terrorism (hereinafter referred to as the definition of terrorism). The article outlines the problems of adopting the definition of terrorism; revealed some negative consequences of the absence of a definition of terrorism in international law. It is pointed out that in order to accept the definition of terrorism, it is necessary to identify the characteristics and specific features of terrorism that distinguish it from other types of offenses and which (characteristics and features) could be used as a basis for defining elements of terrorism as well as the basis for the definition of terrorism. We agree that in the context we should focus on the following recognized in the doctrine essential characteristics of terrorist methods of action: violent basis of action; political motivation and goal setting; use of intimidation as a tool to achieve the goal; intent to cause innocent casualties and adequate destruction. It is concluded that terrorism is an international crime. We agree with the positions of experts according to which the prohibition of terrorism is a norm of general international law in the form of customary international law. It points to the need to adopt a norm in positive international law that would clearly state that violating the prohibition of terrorism is an international crime. We consider the position of experts to be noteworthy, according to which the prohibition of terrorism is the norm of jus cogens. The norms of jus cogens are aimed at protecting fundamental, basic or higher interests or fundamental humanitarian values. These fundamental values include human rights and the right to human dignity, which are fundamental and belong to all people. It seems obvious that the prohibition of terrorism protects the fundamental values of humanity and human dignity. Terrorism is a threat to the human dignity and its prohibition reflects the general will of the international community. It is pointed out that terrorism in many cases is a clear and gross violation of the UN Charter. It is pointed out that terrorism in many cases is a clear and gross violation of the UN Charter. We consider it appropriate to apply criteria of a character, gravity and scale to the assessment of terrorist offenses in the same way as those used by the Review Conference in Annex III to Resolution RC/Res.6 when adopting amendments to the Rome Statute of the International Criminal Court. It is pointed out that due to the lack of a definition of terrorism in positive international law and due to the lack of an international legal norm that would qualify terrorism as an international crime, terrorism is not directly within the jurisdiction of any international court or tribunal