ABSTRACT

The Court had a chance to explore the issue of the morality of the use of force by state and non-state actors, the connivance with terrorism, and the use of terrorist tactics by national liberation movements. Fighting global terrorism in armed conflicts consistent with human rights law necessitates international monitoring not only of the force used by states, but also of the legitimacy of the means used by resistance movements. Within the UN system, the Security Council should consider establishing a monitoring framework to review the conduct of parties to conflicts. This would enable it to call upon the parties to refrain from using terrorist tactics, to condemn violations, and to apply targeted measures. Consistent with the Security Council's commitment to the protection of civilians in armed conflicts, terrorism in armed conflicts could be formally placed on the Security Council's agenda and be the object of specific action.