Research On International Law Of Anti-Terrorism War

Terrorism is an ancient phenomenon, which has a long history as pirate, kidnapping and robbery. However, it didn't run rampant till the 20th century. Especially, on Sept 11th, 2001 USA was attacked by terrorism. The problem of international terrorism has been drawing attention by international society and every nation in the world. Terrorism has become the severe threat to the security of the international society and anti-terrorism war has become the task for the international society on time to delay. However, there is still controversy and difference on the recognition and the problem legal liability of terrorism among the nations in the world. The international cooperation of anti-terrorism is still not consistent and the legislation on the anti-terrorism is not perfect at all. Therefore, it's imperative to deeply probe into the international terrorism and the anti-terrorism war.The author deeply and widely analyzed the international terrorism and anti-terrorism war with the definition and criminal responsibility of international terrorism, international anti-terrorism war and improvement of legislation on international terrorism as the breakthrough point. Definition of international terrorism was made and some problems of the international law involved in the international anti-terrorism war were expounded by ways of demonstration, historical analysis, literature, comparative analysis and law hermeneutics. Combining the domestic and international practice and experience, several proposals concerning the improvement of international anti-terrorism legislation was made. The first part of the article was about the definition of international terrorism and introduction of the historical development and status in quo. It clarified that the international terrorism should be classified in crime but not the behavior of war. It analyzed the criminal elements, organizing types, roots and new features of international terrorism.The second part was about the problem of penal liability of international terrorism, including the discussion of national penal liability and investigation of individuals.The third part expounded the problems in the international anti-terrorism war. First was the principle, second was the international cooperation, third was the penal sanction and the last was measure of international anti-terrorism, among which emphasis was made on the international cooperation and penal sanction on the international terrorism.The fourth part was about the advice of the improvement of international anti-terrorism legislation by way of research on the domestic practice of legislation in nations around the world.Owing to the more and more severe international terrorism, the peace and security of international society is damaged seriously. However, there is high controversy among nations in respect of the definition of international terrorism and lots of problems still exist in the means of fighting international terrorism, esp. the usage of international law. Therefore, it's imperative to deeply probe into the international terrorism war. The author wished to straighten out thoughts for the research in future.