The Declaration on Measures to Eliminate International Terrorism

In one line

The Declaration condemns all acts, methods and practices of terrorism as criminal and unjustifiable wherever and by whomever committed, describes in paragraph 3 the criminal acts it means, obliges States in paragraph 4 to refrain from organising or acquiescing in terrorist acts in other States, and sets out in paragraphs 5 to 10 what States and the Organization are to do.

Section I: the condemnation and the description

Paragraph 1: Member States solemnly reaffirm their unequivocal condemnation of all acts, methods and practices of terrorism, as criminal and unjustifiable, WHEREVER AND BY WHOMEVER COMMITTED, including those which jeopardize friendly relations among States and peoples and threaten the territorial integrity and security of States.

"Wherever and by whomever committed" is the answer to both exclusion arguments in five words, and it is why the Declaration could be adopted while the convention could not: a declaration can assert the principle without defining the offence.

Paragraph 2: acts, methods and practices of terrorism constitute a grave violation of the purposes and principles of the United Nations, which may pose a threat to international peace and security, jeopardize friendly relations among States, hinder international cooperation and AIM AT THE DESTRUCTION OF HUMAN RIGHTS, FUNDAMENTAL FREEDOMS AND THE DEMOCRATIC BASES OF SOCIETY.

Paragraph 2 is the bridge to this paper, since it characterises terrorism as directed against human rights rather than merely as a crime.

Paragraph 3, which must be quoted in full: Criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons or particular persons for political purposes are in any circumstance unjustifiable, whatever the considerations of a political, philosophical, ideological, racial, ethnic, religious or any other nature that may be invoked to justify them.

Take it apart in four elements.

Criminal acts, so the conduct must already be criminal, and the paragraph adds a characterisation rather than creating an offence.

Intended or calculated to provoke a state of terror, which is the mental element and covers both purpose and objective likelihood.

In the general public, a group of persons or particular persons, so the target may be a whole population or named individuals.

For political purposes, which is the motive element, and which is narrower than later formulations that add ideological and religious purposes.

And the closing clause is the operative part: unjustifiable in any circumstance, whatever consideration may be invoked. That is the sentence directed at every justification, including a just cause.

It is not a definition in the legal sense. It does not create an offence, does not bind, and appears in a paragraph declaring conduct unjustifiable rather than defining it. Say so, and then say it is the nearest the Assembly has come.