intimidate a population, or compel a Government or an international
organization to do or to abstain from doing any act; and
• Constituting offences within the scope of and as defined in the
international conventions and protocols relating to terrorism.
Although the Security Council did not express this to be a definition of
terrorism, the Special Rapporteur on the promotion and protection of
human rights and fundamental freedoms while countering terrorism
has expressed support for this approach as a means of confining the
term to conduct that is of a genuinely terrorist nature.88 This approach
is of considerable benefit since it is based on agreed parameters and is
compatible with the principles of legality and precision.
Despite the lack of an internationally agreed definition of terrorism, it
is clear that acts of terrorism are not justified as the means of achieving
self-determination or any other objective. Early resolutions of the General
Assembly addressing the issue of terrorism contained express affirmations
of the principle of self-determination. In its resolution 3034 (XXVII), for
example, the General Assembly urged States to solve the problem of
terrorism by addressing the underlying issues leading to terrorist conduct.
It reaffirmed the right to self-determination and independence of all
peoples, and upheld the legitimacy of national liberation movements.
Since its adoption of the 1994 Declaration on Measures to Eliminate
International Terrorism, however, the General Assembly has made it clear
that this does not legitimate the use of terrorism by those seeking to
achieve self-determination.
In its Global Counter-Terrorism Strategy, the General Assembly stated
that Member States of the United Nations resolve to “consistently,
unequivocally and strongly condemn terrorism in all its forms and
manifestations, committed by whomever, wherever and for whatever purpose.” The Security Council has expressed in its resolutions 1269 (1999) and 1566 (2004) that all acts of terrorism are
unjustifiable, regardless of their motivation.
H. F
reedom of expression and the prohibition of
incitement to terrorism
Prohibiting incitement to terrorism has been used in chapter II, section B,
to illustrate the general requirements for any limitation on certain human
rights to be prescribed by law, in pursuit of a legitimate purpose, and both
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