Distinguishing Justice: Prosecuting Act of Terror by National Liberation Movement as A War Crime

Penjelasan Keadilan: Pendakwaan Keganasan oleh Gerakan Pembebasan Negara Sebagai Jenayah Perang

Abstract

Following the classification of war under international humanitarian law, national liberation wars are regarded as international armed conflicts and protected by the Geneva Convention. Nonetheless, some states' designation of these movements as terrorist organisations has left them vulnerable to prosecution under local and state laws due to the absence of a universally accepted definition of terrorism. This situation is made worse when members of national liberation movements violate the law and are designated as terrorists by the state. This paper aims to examine whether, as opposed to international terrorism law, the National Liberation Movement's acts of terror may be prosecuted as war crimes under international humanitarian law. The study analyses relevant legal laws and jurist opinions on the issues at hand using a qualitative approach via library-based methodology. This study reveals that prosecuting an act of terror by national liberation movements falls under international humanitarian law as international terrorism law does not apply. Furthermore, terrorism may be hard to prosecute under international law as it is not a crime that falls under the jurisdiction of the International Criminal Court (ICC) due to the absence of a universally accepted definition of terrorism. In short, by prosecuting acts of terror by national liberation movements as a war crime, the International Criminal Court will be able to exercise its jurisdiction over the acts.