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This paper focuses on the illegal aspect of terrorism. What is it that makes a specific act of force illegal? On the international plane, while there are significant debates, there is also a common understanding that legally the use of force is strictly limited. The requirements for legality regard both the approach to war -- the way in which war is started -- and the conduct of war. Terrorism fails on both those counts. The definition of acts of terrorism currently being debated describes three basic aspects a) are unlawful, b) inflict serious damage (i.e. death or serious bodily injury to a person), and c) are intended to intimidate a population or compel a government or international organization to engage in (or refrain from) a particular course of action. Thus, the war on terror erases the distinction differently than did theories of total war. It does so by explicitly equating terrorists with warriors – and then implicitly with soldiers. But isn't that exactly what the terrorists themselves are claiming?
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