1. 1 Terrorism and Piracy in the ICL

2. 2  Definition  Background  Legal basis  Terrorism and the ICL

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4. 4 elements of terrorism violence political purpose non-state actor

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6. 6  Freedom fighters or criminals ?

7. 7  League of Nations Convention for the Prevention and Punishment of Terrorism (1937) Art. 2 "1. Any willful act causing death or grievous bodily harm or loss of liberty to: a) Heads of State, persons exercising the prerogatives of the head of the State, their hereditary or designated successors; b) The wives or husbands or the above-mentioned persons; c) Persons charged with public functions or holding public positions when the act is directed against them in their public capacity. 2. Willful destruction of, or damage to, public property or property devoted to a public purpose belonging to or subject to the authority of another High Contracting Party. 3. Any willful act calculated to endanger the lives of members of the public. 4. Any attempt to commit an offence falling within the foregoing provisions of the present article. 5. The manufacture, obtaining, possession, or supplying of arms, ammunition, explosives or harmful substances with the view to the commission in any country whatsoever of an offence falling within the present article."

8. 8  U.S. Code (Title 18) As used in this chapter—(1)the term “international terrorism” means activities that—(A)involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; (B)appear to be intended—(i)to intimidate or coerce a civilian population; (ii)to influence the policy of a government by intimidation or coercion; or (iii)to affect the conduct of a government by mass destruction, assassination, or kidnapping; and (C)occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum; (2)the term “national of the United States” has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act; (3)the term “person” means any individual or entity capable of holding a legal or beneficial interest in property; (4)the term “act of war” means any act occurring in the course of—(A)declared war; (B)armed conflict, whether or not war has been declared, between two or more nations; or (C)armed conflict between military forces of any origin; and (5)the term “domestic terrorism” means activities that—(A)involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State; (B)appear to be intended—(i)to intimidate or coerce a civilian population; (ii)to influence the policy of a government by intimidation or coercion; or (iii)to affect the conduct of a government by mass destruction, assassination, or kidnapping; and (C)occur primarily within the territorial jurisdiction of the United States.

9. 9  Russian Criminal Code (Art. 205) Article 205. Terrorism 1. Terrorism, that is, the perpetration of an explosion, arson, or any other action endangering the lives of people, causing sizable property damage, or entailing other socially dangerous consequences, if these actions have been committed for the purpose of violating public security, frightening the population, or exerting influence on decision-making by governmental bodies, and also the threat of committing said actions for the same ends, shall be punishable by deprivation of liberty for a term of five to ten years. 2. The same deeds committed: a) by a group of persons in a preliminary conspiracy; b) repeatedly; c) with the use of firearms shall be punishable by deprivation of liberty for a term of eight to fifteen years. 3. Deeds stipulated in the first or second part of this Article, if they have been committed by an organized group or have involved by negligence the death of a person, or any other grave consequences, and also are associated with infringement on objects of the use of atomic energy or with the use of nuclear materials, radioactive substances or sources of radioactive radiation, shall be punishable by deprivation of liberty for a term of 10 to 20 years.

10. 10 International Legal Instruments 1. 1963 Convention on Offences and Certain Other Acts Committed On Board Aircraft 2. 1970 Convention for the Suppression of Unlawful Seizure of Aircraft 2010 Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft 3. 1971 Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation 4. 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons 5. 1979 International Convention against the Taking of Hostages 6. 1980 Convention on the Physical Protection of Nuclear Material 7. 1988 Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (Extends and supplements the Montreal Convention on Air Safety)

11. 11 8. 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 9. 1988 Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf 2005 Protocol to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf 10. 1991 Convention on the Marking of Plastic Explosives for the Purpose of Detection 11. 1997 International Convention for the Suppression of Terrorist Bombings 12. 1999 International Convention for the Suppression of the Financing of Terrorism 13. 2005 International Convention for the Suppression of Acts of Nuclear Terrorism 14. 2010 Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation International Legal Instruments

12. 12  Can terrorist acts fall within the categories of “war crimes,” “crimes against humanity” or “genocide”?  “no generally acceptable definition of the crimes of terrorism and drug crimes could be agreed upon for the inclusion, within the jurisdiction of the Court”

13. 13 Piracy Under International Law The 1958 Geneva Convention on the High Seas, and then the 1982 United Nations Convention on the Law of the Sea (UNCLOS) (“the Convention”) both outlined an international regime for the repression of piracy and effectively recognised universal jurisdiction on the part of all states to suppress pirate acts. The Convention is generally considered to be reflective of customary international law. Article 101 of the Convention defines an act of ship-based piracy as consisting of acts of violence or detention, or an act of depredation, committed for private ends by the crew of a private ship directed against another ship on the high seas, or outside the jurisdiction of any State. Piracy also extends to the operation of a pirate ship which is a ship used by persons for the purposes of committing pirate acts. This general definition of piracy is consistent with the common expression that a pirate is hostis humani generis: an enemy of all mankind. However, by limiting the definition to acts committed for ‘private ends’ any actions taken for political motives are excluded.

14. 14 A crucial element of the UNCLOS definition of piracy is that piracy is an act which occurs on the high seas, which will also include the adjoining exclusive economic zone which extends from the edge of the territorial sea to 200 nautical miles. When piracy was first subject to regulation under the Law of the Sea, nearly all of the world’s oceans were considered high seas. As such, a century ago nearly all violent acts at sea committed for private ends would have been characterized as piracy. However, under the new law of the sea as reflected in the UNCLOS, vast tracts of the world’s oceans have now fallen under the sovereignty and jurisdiction of coastal States. Under the UNCLOS, an act of piracy can therefore only occur beyond the limits of the territorial sea, which in most cases extends 12 nautical miles from the coastline. The international law on piracy does not apply to incidents occurring within a coastal state’s adjacent waters. The effect of this is that predominantly it has been left to those countries that have been faced with offshore pirate-type attacks and incidents of sea robbery within their jurisdiction to utilize their own criminal justice systems to police and patrol their waters and ultimately enforce their criminal laws through prosecutions. As a result, a somewhat uneven legal regime has developed which is dependent upon the capability of and consistency in the fulfillment of these functions by directly affected States.