Terrorism

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Does the FARC still exist? Challenges in Assessing Colombia’s ‘Post Conflict’ under International Humanitarian Law

Three years ago last month, the Revolutionary Armed Forces of Colombia (FARC) guerrillas formally completed demobilization, marking the end of their 53-year conflict with the Colombian government. Over 10,000 FARC members demobilized and handed in weapons in a process verified by a United Nations mission in the country. Nonetheless, some FARC fighters rejected the peace process or rearmed. Myriad armed groups, often called “FARC dissident groups,” emerged. This piece analyses these FARC dissident groups through the lens of international humanitarian law. After presenting the current “post-conflict” scenario, it discusses the government’s characterization of FARC dissident groups, and the challenges in making such an assessment. This is not just a technical debate. The Colombian government has recently been criticized for the military nature of its security strategy. However, this debate has largely ignored the critical question of how to characterize the situation in the country. Whether the groups meet the international legal standards to be parties to an armed conflict will determine…

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Counter-terrorism control orders come to Switzerland: is assigned residence for ‘potential terrorists’ compatible with art. 5 ECHR?

The legislative responses to terrorist violence in Europe over the past several years have shown a new trend of circumventing proper judicial review and protections of criminal law by relying on ‘administrative measures’. Broadly, such measures can be defined as restrictions of a non-criminal nature, ordered by the executive in the name of terrorism prevention, and…

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Green Light from the ICJ to Go Ahead with Ukraine’s Dispute against the Russian Federation Involving Allegations of Racial Discrimination and Terrorism Financing

  On 8 November 2019, the ICJ delivered its highly anticipated judgment in Ukraine v Russia on the preliminary objections raised by the Russian Federation with respect to the Court’s jurisdiction and the admissibility of Ukraine’s claims under the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) and the International Convention for the…

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International Law and Maritime Terrorism

  The death of the Islamic State’s (IS) leader (27 October 2019), Abu Bakr al-Baghdadi, in a US operation in Syria has again put international terrorism at the centre stage. Precisely, this blog post discusses a manifestation of international terrorism: maritime terrorism. As evidenced below, analyses of maritime terrorism are relevant in international law and policy. Yet,…

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The IHL Exclusion Clause, and why Belgian Courts Refuse to Convict PKK Members for Terrorist Offences

On 8 March, the Chamber of Indictments of the Court of Appeal of Brussels decided to discontinue the prosecution of thirty-nine individuals and two media companies affiliated to the Kurdistan Workers’ Party (PKK). All were being prosecuted for participating in the activities of, or directing, a terrorist group. The Federal Public Prosecutor’s Office had opened the investigation in…

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