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Icrc definition of armed conflict9/20/2023 ![]() ![]() The first section of this paper will show how their concurrent application to situations of armed conflict and related activities causes friction. IHL and criminal law instruments on terrorism are based on different rationales. 2 Another relevant instrument is European Union (EU) Directive 2017/541 on combating terrorism, 3 which all EU member States have implemented in their national criminal codes. This article will look at the international sectoral terrorism conventions 1 and a range of regional conventions on terrorism. The latter notion is used here to refer to international and regional legal instruments that oblige States to criminalize terrorist activities, as well as to domestic criminal law sanctioning terrorist offences. At the same time, many of the activities of members of NSAGs and their affiliates in relation to armed conflicts qualify as terrorist offences under “criminal law instruments on terrorism”. Of course, situations of armed conflict are pre-eminently governed by international humanitarian law (IHL). How should the criminal court address such an argument? In their defence, the accused submit that, as their activities relate to an armed conflict, they are excluded from prosecution for terrorist offences. In their home country, the individuals are prosecuted for a range of terrorist offences. ![]() IntroductionĪ group of individuals operating from a European country collects money and recruits fighters for a non-State armed group (NSAG) that is a party to an armed conflict in the Middle East. ![]() This article explains how an exclusion clause can best avoid friction between IHL and criminal law instruments on terrorism. Such armed conflict exclusion clauses exist at the international, regional and national level. After explaining why the concurrent application of IHL and criminal law instruments on terrorism causes friction, this article analyzes the chief mechanism for dissipating this friction: a clause excluding activities governed by IHL from the scope of criminal law instruments on terrorism. While armed conflicts are principally governed by international humanitarian law (IHL), activities of members of non-State armed groups and their affiliates may also qualify as terrorist offences. ![]()
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