Published Paper Details:

Abstract This research paper deals with the thorny issue of defining terrorism in international, regional, and national laws in which terrorism is a leading security threat in the world since there is no universally accepted legal definition of terrorism. The paper examines the problem of divergent and politically motivated definitions affecting the international collaboration in extraditing, intelligence exchange, and law enforcement, and allows terror groups to take advantage of such inconsistencies. It also critically analyses some international and regional treaties such as UN conventions, SAARC, EU and OIC frameworks with the limitation in seeking the same definitions and implementation being given. The paper also explores the legal regime in India against terrorism (especially the Unlawful Activities (Prevention) Act (UAPA)) and how it has met the international standards and the potential ramifications to human rights protection. Extradition of Abu Salem and 2008 Mumbai attacks are case studies that demonstrate the logistical challenges of inconsistent application of the law in collaboration across nations. The study unveils the way in which the wide counterterrorist legislations tend to meddle with the human rights in some cases, and are abused to curtail dissent, limit rights, and enhance profiling. The paper recommends a unified global response, to have a multilateral dialogue in the United Nations coming up with a clear and universal definition of terrorism. This would enable proper effective counterterrorism policies that would be driven by security without compromising human rights standards. Consistent with the prudence of the High-Level Panel of the UN Secretary-General (2004), Terrorism are criminal activities aimed at instilling the state of terror in the masses, as it is a reminder that, a clear legal framework is critical to effective and fair governance in the counter terrorism sector. This study leads to significant contribution of the changing discourse of the subject of terrorism and international law by solving legal ambiguities and incorporating human rights protection.