Therefore, it enjoys a high level of legitimacy as the outcome of the fully representational forum of the General Assembly and thus remains influential. As an output of the General Assembly, however, it is not binding in nature. This conclusion is further evidenced by the fact that it has not yet been possible to agree on a universal definition in the context of the ongoing negotiations regarding the draft Comprehensive Convention. Another example of "terrorism" related terminology is Resolution , which aimed to assist States in meeting their obligations under Security Council Resolution to take domestic legislative action.
It refers to "terrorism" as:. In practice, however, any such suggestion - e. That said, Resolution has played an important role in influencing and assisting in the harmonization of some definitions of terrorism within national laws. It has also been significant in terms of closing gaps regarding such offences within domestic criminal frameworks Young, and forms part of the body of norms influencing how terrorism offences are categorized and dealt with today.
A further approach considered below exists within the context of the draft Comprehensive Convention article 2. Once again, some important differences can be discerned between the terminology used here compared with those employed by the General Assembly and Security Council. On the one hand, it is clearer in scope than the General Assembly's Declaration of and Security Council Resolution in expressly referring to property damage as part of the criminal act.
On the other hand, it is less extensive in articulating the grounds which will never justify terrorist acts. This may be attributable, at least in part, to the fact that as a potentially legally binding treaty the draft Comprehensive Convention is subject to a more rigorous process of negotiation and scrutiny compared with resolutions. More generally, as is examined in some detail below, most universal anti-terrorism instruments do not contain a definition of terrorism due to its accompanying political sensitivities.
One notable exception though is the example discussed here of article 2 of the International Convention for the Suppression of the Financing of Terrorism of This provision criminalizes terrorism financing in the following terms:. Any person commits an offence within the meaning of this Convention if that person by any means, directly or indirectly, unlawfully and wilfully, provides or collects funds with the intention that they should be used or in the knowledge that they are to be used, in full or in part, in order to carry out:.
This text was reaffirmed by Security Council Resolution , which called upon all States to "[b]ecome parties as soon as possible to the relevant international conventions and protocols relating to terrorism, including the International Convention for the Suppression of the Financing of Terrorism of 9 December In addition to States, many regional organizations have counter-terrorism instruments see Module 5 , which contain their own definitions of terrorism that reflect regional priorities.
The same issues, however, have arisen in relation to many of these definitions as for national approaches, namely that their inter-regional divergence in approach has the potential to impede rather than facilitate wider international cooperation among their membership.
In addition, important differences in definitional approaches can arise between regional organizations and those of their individual Member States.
In turn, these can pose conflict of law challenges regarding which rule should prevail - treaty law or domestic law - in the event of inconsistencies between two sets of rules which cannot be reconciled. Generally, including under the principle of incorporation discussed in Module 3 , domestic law will prevail in practice, including for constitutional reasons. The following table outlines the principal definitional approaches of those regional organizations examined in Module 5.
None are suggested to represent a universally agreed definition of terrorism within the United Nations system. This approach distinguishes between what is regarded as constituting unlawful, criminal acts of terrorists, and the perpetration of violence committed as part of what is regarded to be a legitimate struggle against any occupation, aggression, or domination by foreign forces, making the latter exempt from criminal proceedings, for example:.
These regional instruments adopt different approaches regarding the criminal elements necessary to establish terrorism. See further:.
The approach of most other regional conventions has been to cross-refer to the approach of the sectoral conventions against terrorism, which do not define terrorism but instead refer to the criminal elements of particular offences.
Regional conventions falling into this category are:. A hybrid approach is adopted by the Shanghai Convention on Combatting Terrorism, Separatism and Extremism adopted 15 June , entered into effect 29 March Article 1 a cross refers to existing anti-sectoral treaties.
In article 1 b , however, a definition is also given, reflecting regional priorities:. As has been mentioned, there are numerous examples, where the term terrorism has been defined at a national level in the absence of agreement regarding a universal definition.
Some examples of different national approaches are included in the suggested reading for this module. Doha Declaration. Education for Justice. What is Good Governance? Contemporary issues relating to conditions conducive both to the spread of terrorism and the rule of law Topic 2.
Contemporary issues relating to the right to life Topic 3. Contemporary issues relating to foreign terrorist fighters Topic 4. Definition of Crime Prevention 2. Key Crime Prevention Typologies 2. Crime Problem-Solving Approaches 4. Victims of Terrorism. Terrorist Financing. CBRN Terrorism. Human Rights. Around the World.
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Read more: How Boko Haram has evolved over the past ten years. One school of thought argues that the will and dynamic approach in the fight against Boko Haram were short-lived, which wasted the success achieved in two years.
When the government sought dialogue and negotiation and paid ransoms , it re-energised the terror group. Another view is that the current administration was weakened when it began considering amnesty for repentant members of the group and swapping their prisoners for release of innocent Nigerian and foreign captives. First is that there are people in government who lack the will to fight because of religious and ethnic affiliations or connections.
Some in government consider Boko Haram members as northerners or Muslims who should therefore be dealt with cautiously.
Some military leaders have been accused of nepotism and of giving away vital details to compromise the onslaught against the terror gangs.
The Borno State governor recently accused the military of sabotage in an attack on his convoy. The second explanation is corruption. Since , some senior soldiers and their civilian counterparts directing the war have come to see the war budget as an endless means to draw money for personal enrichment.
There are examples of counter-terrorism or so-called counter-insurgency funds stolen by the national security adviser and dozens of others as well as some isolated cases of stolen war money by some security or service chiefs. While some opted for plea bargains , others are still undergoing trial. The recent rise in banditry and demonstrations against it show that the people can no longer accept the circumstances. Everyone wants a stop to it.
What do we do? Government has the responsibility to provide genuine leadership in the war.
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