committed as part of a widespread or systematic attack directed against
any civilian population, with knowledge of the attack.24 Moreover, acts
such as deliberate or indiscriminate attacks against civilians or hostagetaking might fall under war crimes, as defined under article 8 of the Rome
Statute.
The international criminal law provisions against terrorism have also been
addressed in practice by international tribunals. In 2003, the International
Criminal Tribunal for the former Yugoslavia convicted, for the first time, an
individual for his responsibility for the war crime of terror against the civilian
population in Sarajevo, under article 3 of its statute. The Court concluded
that the crime of terror against the civilian population was constituted of
elements common to other war crimes, in addition to further elements
that it drew from the International Convention for the Suppression of the
Financing of Terrorism.25
3. Terrorism and international refugee law
Alongside the general obligations of human rights law, international
refugee law is the body of law which provides a specific legal framework
for the protection of refugees by defining the term refugee, setting out
States’ obligations to them and establishing standards for their treatment.
Aspects of international refugee law also relate to persons seeking
asylum. The 1951 Convention relating to the Status of Refugees and its
1967 Protocol relating to the Status of Refugees are the two universal
instruments in international refugee law.
With regard to terrorism and measures taken to counter it, both incorporate
a system of checks and balances that takes full account of the security
interests of States and host communities while protecting the rights of
persons who, unlike other categories of foreigners, no longer enjoy the
protection of their country of origin.
As mentioned above, Security Council resolution 1373 (2001) obliges
Member States to take a number of measures to prevent terrorist activities
and to criminalize various forms of terrorist actions, as well as measures
that assist and promote cooperation among countries including signing
up to international counter-terrorism instruments. The resolution also
touches on issues related to immigration and refugee status. For example,
States are required to prevent the movement of terrorists by implementing
effective border controls and to secure the integrity of identity papers
and travel documents (para. 2 (g)). States are also called upon to ensure
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