that terrorism includes “criminal acts intended or calculated to provoke
a state of terror in the general public, a group of persons or particular
persons for political purposes” and that such acts “are in any circumstances
unjustifiable, whatever the considerations of a political, philosophical,
ideological, racial, ethnic, religious or other nature that may be invoked
to justify them.”
Ten years later, the Security Council, in its resolution 1566 (2004), referred
to “criminal acts, including against civilians, committed with the intent
to cause death or serious bodily injury, or taking of hostages, with the
purpose to provoke a state of terror in the general public or in a group
of persons or particular persons, intimidate a population or compel a
Government or an international organization to do or to abstain from
doing any act”. Later that year, the Secretary-General’s High-level Panel
on Threats, Challenges and Change described terrorism as any action that
is “intended to cause death or serious bodily harm to civilians or noncombatants, when the purpose of such an act, by its nature or context, is
to intimidate a population, or to compel a Government or an international
organization to do or to abstain from doing any act” and identified a
number of key elements, with further reference to the definitions contained
in the 1999 International Convention for the Suppression of the Financing
of Terrorism and Security Council resolution 1566 (2004).6
The General Assembly is currently working towards the adoption of a
comprehensive convention against terrorism, which would complement
the existing sectoral anti-terrorism conventions. Its draft article 2 contains
a definition of terrorism which includes “unlawfully and intentionally”
causing, attempting or threatening to cause: “(a) death or serious bodily
injury to any person; or (b) serious damage to public or private property,
including a place of public use, a State or government facility, a public
transportation system, an infrastructure facility or the environment; or
(c) damage to property, places, facilities, or systems…, resulting or likely
to result in major economic loss, when the purpose of the conduct,
by its nature or context, is to intimidate a population, or to compel a
Government or an international organization to do or abstain from doing
any act.” The draft article further defines as an offence participating
as an accomplice, organizing or directing others, or contributing to the
commission of such offences by a group of persons acting with a common
purpose. While Member States have agreed on many provisions of the draft
comprehensive convention, diverging views on whether or not national
liberation movements should be excluded from its scope of application
have impeded consensus on the adoption of the full text. Negotiations