The former approach has been followed in the 13 sectoral conventions on terrorism, and avoids the pitfalls of the latter approach which involves excluding certain types of conduct such as those committed by national liberation movements (NLM).
Accordingly, he said, the draft contains a criminal law definition.
“The question of state terrorism will continue to be governed by general principles of international law, as it is not possible to deal with this aspect in a law enforcement instrument, dealing with individual criminal responsibility, based on an ‘extradite or prosecute’ regime,” he said.
Similarly, said Perera, acts committed in the course of armed conflicts by NLMs will continue to be governed by international humanitarian law.
“The negotiations started in 2000 and we were close to agreement in 2001, in the aftermath of 9/11 (terrorist attacks on the United States),” he said. But since then, it has remained stalled, with little significant progress.
He said that negotiations would resume within the framework of the U.N.’s Sixth Committee dealing with legal issues.
Asked if there will ever be a new comprehensive convention to eliminate terrorism because of the continuing deadlock, Kohona told IPS: “Of course, there will be a convention.”
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