The Emergence of 'Terrorism' as a Distinct Category of International Law

44 Pages Posted: 12 Nov 2008

See all articles by Daniel Moeckli

Daniel Moeckli

University of Zurich, School of Law

Date Written: November 10, 2008

Abstract

A considerable body of international norms, institutions and procedures specifically designed to deal with terrorism has emerged over the last few years. This body of international law increasingly bears the characteristics of a "special regime". At the same time, legal scholars have started to treat terrorism as a "branch" of international law in its own right, both in terms of research and teaching. This article argues that the emergence of a distinct category of "terrorism law" is due to reasons that are very different from those that account for the general trend towards the fragmentation and compartmentalization of international law. It is primarily the result of political pressure by certain powerful states to establish, at the international level, a separate legal system for terrorism that mirrors their own domestic special regimes, so as to give expression to the "international community's" sense of outrage at terrorist acts, stigmatize the perpetrators, and reassure the public. As these objectives can only be achieved if those who fall under the anti-terrorism regime are singled out for particularly harsh treatment, the special treatment model inevitably undermines the fundamental principle that all human beings deserve equal protection of the law.

Keywords: terrorism, international law, special regime, fragmentation, equality

JEL Classification: K10, K33, K14

Suggested Citation

Moeckli, Daniel, The Emergence of 'Terrorism' as a Distinct Category of International Law (November 10, 2008). Texas International Law Journal, Forthcoming, Available at SSRN: https://ssrn.com/abstract=1298939

Daniel Moeckli (Contact Author)

University of Zurich, School of Law ( email )

Raemistrasse 74/50
CH-8001 Zurich
Switzerland

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