Juxtaposition of Right to Self-Determination and Terrorism Under International Law

Abstract

The right to self-determination is one of the jus cogens law under the international law which denotes the legal right of people to decide their political, economic and social affairs within their borders of a territory. The right essentially gives a license for the people to use force legally in exercising their right to self-determination. However, with the absence of a universally accepted definition on the term terrorism, an issue has been raised on designing National Liberation Movement as terrorist. Therefore, this study is conducted to examine how designing National Liberation Movement as terrorist impacted the exercising of the right to self-determination. The study analyses relevant legal laws and jurist opinions on the issues at hand using a library-based methodology. The result of this study reveals that despite provision for countering international terrorism, the current counterterrorism law is influenced by States municipal law. With a liberal power to define, states have been recorded to design National Liberation Movement as terrorist group to allow them to used municipal law against National Liberation Movement. In short, whilst use of force in exercising the right to self-determination is govern under the international humanitarian law, the lack of universally accepted definition of terrorism caused National Liberation Movement to be designated as terrorist, thus criminalising the liberation movement of the whole group.

Interdisciplinary Insights Into Syariah and Legal Discourse: Navigating Critical Dimensions, Contemporary Challenges, and Global Impact

“…In our second article, Selamat, Farzanah, Abd Rahman Shah, H. and Mohamad Ali, Norfadhilah (2023) navigate the complex intersection of the right to self-determination and the contentious issue of terrorism under international law. Through a meticulous analysis of legal frameworks, this article provides insights into the challenges faced by National Liberation Movements labeled as terrorist groups, offering a nuanced perspective on the delicate balance between the exercise of rights and the global fight against terrorism.…”