specially relevant for the purposes of the interpretation of Covenant
rights, both spheres of law are complementary, not mutually exclusive.
The International Court of Justice has also affirmed the applicability of the
Covenant during armed conflicts, stating that “the right not arbitrarily to
be deprived of one’s life applies also in hostilities. The test of what is an
arbitrary deprivation of life, however, then falls to be determined by the
applicable lex specialis, namely, the law applicable in armed conflict.”20
In its advisory opinion on the Legal Consequences of the Construction of
a Wall in the Occupied Palestinian Territory, the Court further posited the
applicability of human rights law in times of armed conflict, stating “the
protection offered by human rights conventions does not cease in case of
armed conflict, save through the effect of provisions for derogation of the
kind to be found in article 4 of the [International Covenant on Civil and
Political Rights].”21 Most recently, the Court applied both human rights
law and international humanitarian law to the armed conflict between the
Democratic Republic of the Congo and Uganda.22
Acts of terrorism which are committed outside of armed conflict generally
constitute crimes under domestic and, depending on the circumstances,
international criminal law and thus should be regulated through the
enforcement of domestic and international criminal law.
2. Terrorism and international criminal law
Over the course of four decades, the international community, under the
auspices of the United Nations, has developed 13 conventions relating
to the prevention and suppression of terrorism. These so-called sectoral
instruments, which address issues ranging from the unlawful seizure
of aircraft and the taking of hostages to the suppression of terrorist
bombings, contribute to the global legal regime against terrorism and
provide a framework for international cooperation. They require States
to take specific measures to prevent the commission of terrorist acts and
prohibit terrorist-related offences, including by obliging States parties
to criminalize specific conduct, establish certain jurisdictional criteria
(including the well-known principle of aut dedere aut judicare or “extradite
or prosecute”), and provide a legal basis for cooperation on extradition
and legal assistance.
Most of these treaties relating to specific aspects of terrorism define
specified acts as offences and require States to criminalize them. They
cover offences linked to the financing of terrorism, offences based on the
victim’s status (such as hostage-taking and crimes against internationally
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents