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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
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.
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
1 Press Release SC/7158  Security Council unanimously adopts wide ranging anti-
terrorism  resolution calls for suppressing financing, improving international

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