Combating Twenty-First Century Terrorism: Integrating Lawfare and Warfare under International Law

Abstract

The purpose of this academic undertaking is to focus on the interface between terrorism and the rule of law. More precisely, this paper posits on the role of international law in shaping and implementing counter-terrorism strategies. But some facts must be understood in discussing terrorismand counter-terrorism as there are different varieties of terrorism. Terrorism comprises multi-level kinds of conduct. Terrorism is, however, essentially criminal acts that threaten individuals or a populace for the purpose of achieving some political objective.The dangers posed by terrorists to international peace and order needs tactical and strategic responses to combat them on national and global levels. Hence, the law of war and particularly Geneva Convention are addressed, as is the background international law of jus ad bellum, jus in belloand jus post bellum.

The analytical approach employed in this study falls broadly under the mantle of discourse analysis. On this epistemological foundation and adopting an interpretive logic, the discourse analytic technique employed in this article proceeded in two stages. The first stage entailed a close examination of texts representative of the 'Terrorism-International Law’ discourse, particularly those by actors presumed to be authoritative or authorized speakers of the dominant discourse. As such, the primary units of analysis or 'data' for this research included: (1) official speeches and documents of senior policy makers; (2) books, articles and reports by major think-tanks, public intellectuals and journalists; and (3) academic books and scholarly articles in the core terrorism studies and international law. The second stage of the research involved subjecting the findings of the textual analysis to interpretation. It examined how terrorism and international law relate to each other and the challenges they pose for each other.Emerging from the data were specific themes that are central to this study. First, international law matters in the foundational way of setting up the institutions, the organizations, and the procedures through which states communicate and create counter-terrorism strategies. Second, international law matters in the sense that it creates legitimacy. It creates sense of expectations and reliance about how terrorism will be handled, and that factors into the reputation of states; it affects their calculation of self-interest. And finally, most importantly, international law matters because it creates rules about how states should behave with each other in the event of interstate terrorism, including the most fundamental matters of jus ad bellum and jus in bello. It tells states what they can and cannot do in a number of the most important circumstances. In conclusion, what we say about the pervasive nature of terrorism is that law is not only relevant, it becomes most relevant in these trying circumstances. These times of transition and trauma can offer an opportunity to strengthen international legal norms and combat international terrorism.