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20 Denning L.J 111 (2008)
Terrorism, Proscription and the Right to Resist in the Age of Conflict

handle is hein.journals/denlj20 and id is 111 raw text is: THE DENNING LAW JOURNAL Denning Law Journal 2008 Vol 20 pp 111 - 131 TERRORISM, PROSCRIPTION AND THE RIGHT TO RESIST IN THE AGE OF CONFLICT Mark Muller QC* This paper focuses on the international community's response to the increased perceived threat of terrorism since 9/11 and how the so-called war on terror has affected our understanding of what constitutes terrorism. It briefly details some of the major legislative changes that have been enacted and examines the impact of counter-terror strategies on certain unresolved legal issues that have historically dogged the international community's efforts to arrive at an internationally agreed definition of terror. This includes the relationship between terrorism and the right to self-determination, the emerging right to democracy, and the existence of a license to use force as a last resort against an oppressive regime. The paper explores how the failure to resolve the relationship between these international legal principles has seriously undermined the efficacy of certain proscription regimes adopted around the world. It examines whether proscription regimes are in danger of disproportionately interfering with certain fundamental freedoms thereby reducing the scope for conflict resolution between aggrieved parties engaged in violence around the world. INTRODUCTION Over the last six years the international community has witnessed a massive increase in both international and domestic legislation concerning terrorism. The catalyst for much of this legislation was of course the tragic events of 9/11 although the process of proscribing so-called terror movements was gathering pace before the attacks by Al Qaeda. The engine powering this recent legislative onslaught is Security Council Resolution 1373 passed of 28 September 2001.1 This Resolution imposed * Garden Court Chambers, London. Took Silk on 16 October 2006. Was previously Head of Chambers at 10-11 Gray's Inn Square between 1998-2006. Currently Chair of the Bar Human Rights Committee (BHRC), Chair of the Kurdish Human Rights Project (KHRP), a founding trustee of the Delfina Foundation dedicated to East/West reconcilation through arts and culture, and a patron of the Zimbabwe Defence and Aid Fund. 1 Press Release SC/7158 Security Council unanimously adopts wide ranging anti- terrorism resolution calls for suppressing financing, improving international

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