June 19, 2008
WASHINGTON - Some U.S. lawmakers are trying to pass legislation to remove former South African President Nelson Mandela from a U.S. list of terrorists by his 90th birthday next month, officials said on Thursday.
http://www.msnbc.msn.com/id/25272057/
"The 1960 UN Declaration on Decolonisation granted peoples the right to self-determination if they did not have their own state or were under colonial domination, alien occupation or racist rule. This right did not automatically legitimise violent means (or even secession), but subsequent UN General Assembly resolutions and declarations did condone the waging of armed struggles by recognised liberation movements. The UN also granted observer status to a number of liberation movements in the General Assembly.
Defining terrorism is more problematic. Despite several international conventions against terrorism, there is, as yet, no agreement on what the term refers to. Scholars have found no less than 109 definitions used from 1936 to 1981. The one used by the Federal Bureau of Investigation, for example, contains three elements: illegal use of force; intention to intimidate or coerce; and underlying political or social motives.
Apply this definition to the ANC or Zanu-PF and the difficulty of distinguishing between terrorist groups and liberation movements becomes apparent.
The Security Council has never legitimised the use of force by any liberation movement, but it does have the authority to decide when force is legal under international law. Even then, however, not all acts committed in the course of an internationally recognised armed struggle would automatically be acceptable. Freedom fighters waging just wars still commit atrocities. Does that make them terrorists?
Legally, no. But practically, the answer often depends on who holds the power to affix the label. - Michael van Winden"