Terrorism's slippery definition eludes UN diplomats

As President Bush hints at extending the "war on terrorism" to Iran, Iraq, and North Korea, the Arab and Muslim world remains at loggerheads with the rest of the globe over a crucial question: Who exactly is a terrorist?

The question has vexed the United Nations for 30 years, and diplomats last week again failed to hammer out a consensus. A definition would be the lynchpin of a comprehensive treaty against terrorism that would compel all 189 UN member-states to crack down on perpetrators.

With diplomats and legal advisers of 100-plus countries participating, the two sides of the debate merely restated long-held positions: the United States, European Union, and many others condemn any targeting of civilians; the 56-member Organization of Islamic Conference insists on exempting "national liberation movements" and "resistance to foreign occupation." They have Kashmir and the Israeli-Palestinian conflict in mind.

"The UN must do its duty and differentiate between terrorists and freedom fighters," said Rizwan Khan, a spokeswoman for the Pakistani UN mission. "Isn't that what the UN was made for, to bring peace to the world?"

But some critics describe it as an effort to distinguish between "good" terrorists and "bad" terrorists.

On Oct. 1, UN Secretary-General Kofi Annan expressed hope that a renewed push post-9/11 would produce the missing link of the puzzle.

"I understand and accept the need for legal precision," said Mr. Annan, two months before receiving the Nobel Peace Prize.

"But let me say frankly that there is also a need for moral clarity. There can be no acceptance of those who would seek to justify the deliberate taking of innocent civilian life, regardless of cause or grievance. If there is one universal principle that all people can agree on, surely it is this."

The stalemate dashes the hopes of Annan, who recently said a comprehensive treaty may come within "the next month or so." Now the soonest would be in the fall, when the UN's legal committee, known as the Sixth Committee, reconvenes.

But some, in fact, question how necessary an actual definition is.

There are already 12 different terrorism "conventions," or treaties, on the books - created piecemeal over the past few decades. They criminalize activities such as airplane hijacking, hostage-taking, nuclear terrorism, and assorted bombings. In addition, the UN Security Council established a Counter-Terrorism Committee shortly after Sept. 11 to force member-states to harmonize antiterrorism laws, in areas such as financing.

Since then, more and more countries have ratified the treaties. Still, some countries, some actions, slip through the cracks, observers say.

A comprehensive treaty would collect these laws under one umbrella, close the loopholes, and require countries to prosecute or extradite suspected terrorists and share information with other governments - or face isolation.

However, in November the Islamic group rejected an Australian compromise on the terrorism definition, again over the freedom-fighter exemption. Today, the comprehensive treaty remains one step away. And without a widely accepted definition, parties define terrorism as they see fit.

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