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8 The original effort, led by the US, had been to formulate a convention that would inter alia define terrorism, but this failed and culminated instead in the 1972 resolution. van Ginkel, Bibi T., ‘The UN: Towards a Comprehensive Convention on Combating Terrorism’, in van Leeuwen, Marianne (ed.), Confronting Terrorism : European Experiences, Threat Perceptions and Policies (The Hague: Kluwer International, 2003), p. 213Google Scholar .

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17 It has been suggested that SC 1373's lack of a definition of terrorism was vital to its promulgation. However, in 2004, the SC quietly came close to defining terrorism in Resolution 1566: ‘criminal acts, including against civilians, committed with the intent to cause death or serious bodily injury, or taking of hostages, with the purpose to provoke a state of terror in the general public or in a group of persons or particular persons, intimidate a population or compel a government or an international organization to do or to abstain from doing any act, which constitute offences within the scope of and as defined in the international conventions and protocols relating to terrorism, are under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature […]’, available at: {http://www.un.org/Docs/sc/unsc_resolutions04.html}.

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22 The ‘root causes’ argument has been similarly discredited. Critics claim that it gives aid and comfort to terrorists, and also point to the absence of correlations between terrorism and a ‘root cause’ such as poverty.

23 Brown, Chris, ‘Reflections on the War on Terror, 2 Years On’, International Politics, 41:1 (2004), p. 53CrossRefGoogle Scholar .

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25 The Annex to the 1972 Ad Hoc Committee's Report features the demands of the Nonaligned Group of 14 of which India was a member. GAOR: 28th Session, Supplement #28 (A/9028), UN, New York (1973).

26 Permanent Mission of India to the UN, ‘Statement by Mr. A. Gopinathan, Deputy Permanent Representative on the UN Sixth Committee's Ad Hoc Committee’, Permanent Mission of India to the UN (17 March 2003 [cited 22 October 2003]), available at: {www.un.int/india/ind1090.pdf}.

27 Atal Behari Vajpayee, ‘Prime Minister Vajpayee's Address to the 56th Session of the UN General Assembly’ (10 November 2001), available at: {http://meaindia.nic.in/speech/2001/11/10spc01.htm}.

28 AALCO, ‘International Terrorism’ (New Delhi: Asian African Legal Consultative Committee, 2001), pp. 9, 11.

29 Embassy of India, ‘Working Document Submitted by India on the Draft Comprehensive Convention on International Terrorism’, Embassy of India (cited 12 December 2005), available at: {http://www.indianembassy.org/policy/Terrorism/draft_convention.htm}.

30 A Contact Group was established that came very close to resolving the conflict over applicability of the CCIT to armed conflict but the Organization of Islamic Countries (OIC) torpedoed the negotiations by demanding that the reference to ‘armed forces during a conflict’ be changed to ‘parties’ to make non-state groups equally exempt from the scope of the convention. Rietjens, P., ‘The Role and Attitude of the E.U. Regarding a Comprehensive Terrorism Convention’, in Fijnaut, Cyrille, Wouters, Jan, and Naert, Frederik (eds), Legal Instruments in the Fight against Transnational Terrorism: A Transatlantic Dialogue (Leiden and Boston: Martinus Nijhoff Publishers, 2004), p. 600Google Scholar . The OIC amendment asking for an exemption for attacks on occupying forces was opposed by Israel and the US. Varadarajan, Siddharth, ‘US and Israel Block India's Terror Draft’, Times of India (28 January 2002)Google Scholar .

31 Ad Hoc Committee, ‘Report of the Ad Hoc Committee Established by General Assembly Resolution 51/210 of 17 December 1996’ (New York: UN, 2007).

32 Ministry of External Affairs, ‘Strengthening Comprehensive Efforts to Combat Terrorism – Presentation by the Indian Delegation at the Bishkek International Conference’, Ministry of External Affairs (December 2001 [cited 11 October 2003]), available at: {http://www.mea.gov.in/}.

33 Higgins, ‘The General International Law of Terrorism’, p. 23.

34 Obote-Odora, ‘Defining International Terrorism’.

35 David Rochefort, ‘US Definitions of Terrorist States’, paper presented at the ISA Annual Convention, Honolulu (1–5 March 2005).

36 Penalties include political sanctions, suspension of military sales and foreign aid, bans on financial transactions, granting of extraterritorial jurisdiction, and second-order bans on other countries or commercial organisations doing business with those states.

37 In February 2003, when Defense Secretary Rumsfeld was asked about the escalatory effect of his naming of North Korea as a terrorist state, he claimed that he was stating a ‘fact’ since it had been on the ‘terrorist state’ list for several years. Donald Rumsfeld, Secretary Rumsfeld Interview with Wfld-Tv, US Department of Defense (6 February 2003 [cited 12 October 2005]), available at: {http://www.dod.mil/transcripts/2003/t02072003_t206wfld.html}.

38 Alan B. Krueger and David Laitin, ‘“Misunderestimating” Terrorism’, Foreign Affairs (2004); Rochefort, ‘US Definitions of Terrorist States'.

39 Krishnaswami, Sridhar, ‘Jaswant Seeks Support against Terrorism’, Hindu (21 September 2000)Google Scholar .

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41 Sawhney, V. K. Sood and Pravin, Operation Parakram: The War Unfinished (New Delhi: Sage, 2003), p. 34Google Scholar . In July 1993 Pakistan was taken off the watch list of state sponsors of terrorism. Raman, B., ‘Pakistani Sponsorship of Terrorism’, in Sondhi, M. L. (eds), Terrorism and Political Violence: A Sourcebook (New Delhi: Har-Anand Publications, 2000), p. 61Google Scholar .

42 Author's interview with Kanti Bajpai, Jawaharlal Nehru University, New Delhi (3 February 2003).

43 It has been suggested that India's Ministry of External Affairs, influenced by the American discourse, is more eager to cite ‘global Islamic terrorism’ than the Ministries of Home and Defence, which hold Pakistan directly culpable.

44 Aneja, Atul, ‘China May Share Intelligence on J&K, Northeast’, Hindu (25 January 2002)Google Scholar ; Guha, Seema, ‘Islamic Terrorism Worries India, Russia’, Times of India (18 August 1999)Google Scholar ; Amit Gupta, ‘The US-India Relationship: Strategic Partnership or Complementary Interest?’, (Carlisle, PA: US Army War College, 2005); Mann, Poonam, ‘Fighting Terrorism: India and Central Asia’, Strategic Analysis, 26:11 (2001)Google Scholar .

45 Chellaney, Brahma, ‘Fighting Terrorism in Southern Asia: The Lessons of History’, International Security 26:3 (2001/02), p. 99Google Scholar . An ex-intelligence officer reveals that Indo-US cooperation on terrorism was kept a ‘deniable secret’ until 2000. Raman, B., ‘Indo-US Counter-Terrorism Cooperation: Past, Present and Future’, in Ganguly, Sumit, Shoup, Brian, and Scobell, Andrew (eds), US-Indian Strategic Cooperation: Into the 21st Century (London and New York: Routledge, 2006), p. 160Google Scholar .

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48 Author's interview with Ashley Tellis, Washington DC (25 August 2005).

49 Mazumdar, Jaideep, ‘G.I. Joe Meets Mowgli’, Outlook (10 October 2005)Google Scholar ; US Consulate in Chennai, ‘Indian Police Officials Graduate US-Sponsored Antiterrorism Program’, US Consulate in Chennai (24 January 2006 [cited 4 August 2007]), available at: {http://chennai.usconsulate.gov/prind060124.html}.

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51 India Ministry of External Affairs, ‘India-Israel Joint Working Group on Counter-Terrorism’, Ministry of External Affairs (28 May 2002 [cited 2 October 2005]), available at: {http://meaindia.nic.in/pressrelease/2002/05/28pr2.htm}.

52 Organisation of Islamic Countries, ‘Annex to Resolution No. 59/26-P’, Organisation of Islamic Countries (1999 [cited 2 January 2005]), available at: {http://www.oic-un.org/26icfm/c.html}.

53 Oudraat, Chantal de Jonge, ‘The Role of the Security Council’, in Boulden, Jane and Weiss, Thomas G. (eds), Terrorism and the UN (Bloomington and Indianapolis: Indiana University Press, 2004), p. 158Google Scholar .

54 Ibid., p. 160.

55 Steven C. Welsh, ‘Nuclear Terrorism Convention’, Center for Defense Information (2005 [cited 2 October 2005]), available at: {http://www.cdi.org/news/law/ntc.cfm}.

56 Steven C. Welsh, ‘Nuclear Terrorism & Detainee Policies: International Convention for the Suppression of Acts of Nuclear Terrorism’, Center for Defense Information (17 June 2005 [cited 14 April 2006]), available at: {http://www.cdi.org/news/law/ntc-detainees.cfm}.

57 Kunadi, Savitri, ‘India and the UN Machinery of Human Rights’, in Mody, Nawaz B. and Mehrish, B. N. (eds), India's Role in the UN (Bombay: Allied Publishers, 1995), p. 91Google Scholar .

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59 Anon, ‘Indo-Pak Spat at N. A. M. Over Definitions of Terror’, Times of India (21 February 2003)Google Scholar . Ultimately the Final Declaration referred neither to state sponsorship nor to the distinction between terrorists and freedom fighters. Ved, Mahendra, ‘Nam Statement Condemns Terror’, Times of India (23 February 2003)Google Scholar .

60 See for instance, arguments in the report on the April 2003 meeting of the Counter-Terrorism Committee {http://www.un.org/News/Press/docs/2003/sc7718.doc.htm} accessed 8 April 2003.

61 Stiles, Kendall W., ‘The Power of Procedure and the Procedures of the Powerful: Anti-Terror Law in the UN', Journal of Peace Research, 43:1 (2006), p. 50CrossRefGoogle Scholar .

62 Nayak, ‘Prospects for US-India Counterterrorism Cooperation: An American View’, p. 146.

63 Perera, International Terrorism, pp. 113–4. The founding members of SAARC were Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka. In 2007 Afghanistan was admitted.

64 Chari, P. R., ‘War against Terrorism: Can It Be Compartmentalized?’, in Chari, P. R. and Chandran, Suba (eds), Terrorism Post-9/11: An Indian Perspective (New Delhi: Manohar Publications, 2003), p. 22Google Scholar .

65 Anon, ‘S. A. A. R. C. Nations Vow to Curb Terror Funding’, Tribune (4 April 2007)Google Scholar .

66 India has such agreements with Bulgaria, China, Croatia, Egypt, Italy, Oman, Romania, and Russia.

67 Extradition treaties are in force with: Belgium (1958), Nepal (1963), Canada (1987), Netherlands (1989), UK (1993), Switzerland (1996), Bhutan, Hong Kong (1997), USA (1999), Russia, UAE (2000), Uzbekistan (2002), Spain, Turkey (2003), Mongolia, Germany, Tunisia, Republic of Korea (2004), Bahrain, South Africa, Oman, France, Poland (2005), Bulgaria and Ukraine (2006).

68 C. Christine Fair, ‘The Counterterror Coalitions: Cooperation with India and Pakistan’, (Santa Monica, CA: RAND, 2004), p. 80. India has signed such agreements with Canada, Russia, Switzerland, Turkey, the United Arab Emirates, Britain, and Uzbekistan and has signed (but not exchanged) agreements with France, Kazakhstan, Kyrgyzstan, Mongolia, Tajikistan, and the US.

69 Anon, ‘Advani to Sign Extradition Treaty During France Visit’, India Info (20 January 2003 [cited 2 January 2007]), available at: {http://news.indiainfo.com/2003/01/20/20advani.html}.

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72 Frederick L. Kirgis, ‘Cruise Missile Strikes in Sudan and Afghanistan’, ASIL Insights (1998).

73 Roberts, Guy B., ‘Self-Help in Combating State-Sponsored Terrorism: Self-Defense and Peacetime Reprisal’, Case Western Reserve Journal of International Law, 19:2 (1987)Google Scholar .

74 de Jonge Oudraat, ‘The Role of the Security Council’, p. 165. In November 2002, the US managed to secure UNSC Resolution 1441, which finds Iraq in material breach of earlier resolutions and warns it of serious consequences if it did not cooperate with the UN. It is debatable whether this resolution automatically authorises the use of force by member-states without further authorisation. At least one country has justified its participation in Iraq by arguing that it does.

75 Erica Chenoweth and Jessica C. Teets, ‘Constraining US Policy: Adherence to International Norms Post September 11, 2001’ (Boulder, CO: Department of Political Science, University of Colorado at Boulder, 2004).

76 Mohapatra, Manas, ‘Learning Lessons from India: The Recent History of Antiterrorist Legislation on the Subcontinent’, Journal of Criminal Law and Criminology, 95:1 (2004)CrossRefGoogle Scholar .

77 Sidel, Mark, More Secure, Less Free? : Antiterrorism Policy & Civil Liberties after September 11 (Ann Arbor: University of Michigan Press, 2004), p. 164CrossRefGoogle Scholar .

78 Anon, US ‘Praises India for Anti-Terror Laws’, ndtv.com (27 October 2001 [cited 2 March 2004]), available at: {http://t2ndtv.m7z.net/morenews/showmorestory.asp?id=18119&frmsrch=1&txtsrch=terrorism}.

79 Paul, Solil, ‘Counter-Terrorism Laws: The Supreme Court on Confessions', Faultlines, 16 (2005)Google Scholar .

80 South Asia Human Rights Documentation Centre, The Reincarnation of P. O. T. A., South Asia Human Rights Documentation Centre (12 October 2004 [cited 27 May 2007]); available at: {www.ecoi.net/file_upload/ts26_HRF-106-Unlawful_Activities_ordinance.doc}.

81 For an examination of the reasons for India's rejection of the ICC, see Ramanathan, Usha, ‘India and the Icc’, Journal of International Criminal Justice, 3:3 (2005)Google Scholar .

82 Baruah, Amit, ‘India, US Not to Surrender Nationals to Any Tribunal’, Hindu (27 December 2002)Google Scholar .

83 India supported the US airstrikes in Afghanistan and Sudan in 1998, but also pointed out that international cooperation was better than unilateral action. Nanda, Prakash, ‘India Gives “Guarded” Response to US Action’, Times of India (22 August 1998)Google Scholar .

84 Baruah, Amit, ‘No Troops for Iraq without UN Mandate’, Hindu (15 July 2003)Google Scholar .

85 Anon, ‘Abandon No-First-Use Policy: Security Board Tells Government’, rediff.com (9 January 2003)Google Scholar .

86 Jaswant Singh, ‘Transcript of Interview with C. N. N. (October 2, 2001)’, in Official Statements of the Government of India on Terrorism and Related Matters (New Delhi: Ministry of External Affairs, Government of India, 2001). Also see his interview of February 2002, where he asserts that Kashmir is not an ethnic conflict but an instance of terrorism. Singh, Jaswant, ‘Interview with El Mundo (17 February)’, in Official Statements of the Government of India on Terrorism and Related Matters (New Delhi: Ministry of External Affairs, Government of India, 2002)Google Scholar .

87 Anon, ‘“Every Country Has the Right to Pre-Emptive Strikes”: Jaswant Singh’, Indian Express (30 September 2002)Google Scholar ; Chellaney, ‘Fighting Terrorism in Southern Asia: The Lessons of History’, p. 109; Kamlesh Sharma, ‘Statement by Permanent Representative of India on Measures to Eliminate Terrorism at the Plenary of the Fifty-Sixth Session of the General Assembly’, Ministry of External Affairs (3 October 2001 [cited 12 January 2006]), available at: {http://meaindia.nic.in/disarmament/dm03oct01.htm}; P. S. Suryanarayana, ‘Fernandes Opposes “Selective Interpretation” of Terrorism’, Hindu (23 April 2003).

88 Sahni, Varun, ‘Fractured, Frightened and Frustrated: South Asia after September 11’, in Banerjee, Dipankar and Kueck, Gert W. (eds), South Asia and the War on Terrorism: Analysing the Implications of September 11 (New Delhi: India Research Press, 2003), pp. 99–100Google Scholar , n. 6. The Council of Foreign Relations website furnishes a good example of India's success. In answer to: ‘Who commits acts of terrorism in Kashmir?’, it provided: ‘Mostly Islamists from outside Kashmir, affiliated with groups such as Jaish-e-Muhammad and Lashkar-e-Taiba. Some attacks have been linked to local pro-Pakistan and pro-independence groups.’ The answer to the question: ‘Who commits acts of political violence in Kashmir?’, was ‘Indian security forces, Islamist militants, and other separatist groups’; Council on Foreign Relations, Terrorism: Questions and Answers, Council on Foreign Relations (2002 [cited 6 May 2002]), available at: {http://www.terrorismanswers.com/policy/kashmir2.html#Q8.}

89 Author's interview with Meera Shankar, Counter-terrorism Coordinator, Ministry of External Affairs, New Delhi. (14 May 2003).

90 P. S. Suryanarayana, ‘Advani Outlines India's Activism on the External Front’, Hindu (2003).

91 Sahni, Ajai, ‘Delhi Declaration: Convergence on Power’, South Asia Intelligence Review (9 December 2002)Google Scholar .

92 Vidya Nadkarni, ‘India, Russia and the War against Terrorism’, paper presented at the ISA Annual Convention, Honolulu (1–5 March 2005).

93 Aiyar, Mani Shankar, ‘Lighting Bush Fires’, Indian Express (2 October 2001)Google Scholar ; Anon, ‘Terrorism: Advani Accuses US of Double Standards’, Tribune (27 August 1998), J. N. Dixit, ‘Disappointed with America’, Indian Express (8 August 2002); Sood and Sawhney, Operation Parakram: The War Unfinished, p. 26.

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96 Pillai, ‘Just for Nam's Sake’, pp. 40–1.

97 See also the invocation of democracy and pluralism in the Joint Declaration with the EU), and in the then National Security Advisor's address to the American Jewish Committee Brajesh Mishra, ‘Address by Shri Brajesh Mishra, ‘National Security Advisor of India at the American Jewish Committee Annual Dinner’, Embassy of India in the US (8 May 2003 [cited 4 August 2007]), available at: {http://www.indianembassy.org/indusrel/2003/nsa_ajc_may_8_03.htm}.

98 Anon, ‘US Sidesteps Reference to Cross-Border Terrorism’, NDTV (10 November 2001)Google Scholar .

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101 Rajamohan, C., ‘Catharsis and Catalysis: Transforming the South Asian Subcontinent’, in Booth, Ken and Dunne, Tim (eds), Worlds in Collision: Terror and the Future of Global Order (Houndmills: Palgrave, 2002), p. 204Google Scholar .

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103 Chellaney, ‘Fighting Terrorism in Southern Asia: The Lessons of History’, p. 98.

104 Chakravartty, Paula, ‘Translating Terror in India’, Television and New Media, 3:2 (2002)CrossRefGoogle Scholar ; Chellaney, , ‘Fighting Terrorism in Southern Asia: The Lessons of History’; Tellis, Ashley J., India's Emerging Nuclear Posture (Santa Monica, CA: RAND Corporation, 2001), p. 55Google Scholar .

105 The NPT gives NWS status only to countries that tested nuclear devices before 1968.

106 Just as it proffers its responsible nuclear credentials on the terrorism issue, India uses its status in counter-terrorism to deflect attention from its undefined position in the nonproliferation regime. The Foreign Minister complained that the US was paying too much attention to nonproliferation and not enough to terrorism. Singh, ‘Interview with El Mundo (17 February)’, p. 46. Starting in 1997, the US did decide to de-emphasise the nuclear issue in favour of counter-terrorism in its relations with India. Nayak, ‘Prospects for US-India Counterterrorism Cooperation: An American View’, p. 132.

107 Anon, ‘India's System of Controls over Exports of Strategic Goods and Technology’, Ministry of External Affairs, Government of India (1 August 2004 [cited 30 April 2005]), available from {www.mea.gov.in}.

108 Nadkarni, ‘India, Russia and the War against Terrorism’.

109 Rajghatta, Chidanand, ‘P.M. Gives It Back to Musharraf’, Times of India (14 September 2002)Google Scholar .

110 The fear of a nuclear response by Pakistan probably also played a role in these decisions, however, we cannot prove that nuclear deterrence was operating.

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