Distinguishing Terrorism from Wars of National Liberation in the Light of International Law
A View from Italian Courts
* PhD in International Law, University of Naples ‘Federico II’. [luciaaleni{at}libero.it]
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Abstract |
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Italian courts have recently considered the distinction between acts of international terrorism and acts perpetrated by fighters belonging to a national liberation movement (so-called freedom fighters). In an effort to reach a general definition of international terrorism, and with a view to distinguishing between terrorism and other phenomena, Italian courts have employed a ‘systematic method’ in order to interpret the domestic criminal law notion of international terrorism against the backdrop of current international rules. This significant judgment of Italy's highest court may help to shape the gradual development of the definition of international terrorism in both domestic and international law.