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Published : November 05, 2014 | Author : URMILA BHARDWAJ
Category : Miscellaneous | Total Views : 2140 | Rating :

  
URMILA BHARDWAJ
URMILA BHARDWAJ RESEARCH SCHOLAR AT KURUKSHETRA UNIVERSITY KURUKSHETRA.
 

International Terrorism Whether Solution Lies With In International Law

International terrorism can be described as a major man being faced by the international community in contemporary times it has been posing a very serious threat to the security of several states and in this way lit also constitutes a big threat to international peace and security, As one writer has observed,

"The creations of an atmosphere of despair breaks down the resistance of those who need to be persuaded, they are to be so shocked and numbed so weakened and demoralized and so pessimistic of hope that they become ) amenable to any this that promise release from tension.

Terrorism is a voluntary action to terrorize innocent people. It is a according to dictionary meaning a use of violence and threat of violence, especially for political purpose.

Terrorism has no caste, creed region or religion. It has global dimensions, the international terror is aided protected and financed by a no. of gouts who safe havens for terrorists and false passports, With technological advancement a whole range of small portable and easy to operate weapons are coming into the possession of the terrorist groups, The refinement of personal weapons is also talking place.

The 20th century witnessed great changes in the use and practice of terrorism, Terrorism became the hall mark of a number of political movements stretching from the extreme right to the extreme left of the political spectrum.In the recent past the terrorist acts including the last month Boston Marathon Bomb Blast (15th April, 2013), attacks on ·world Trade Centre, New York (11th September , 2001), attacks on the Indian Parliament (13Lb December, 2001), Mumbai attack (26th November , 2008), the Malegaon blasts or the Serial Blasts in Delhi, Ahmadabad , Surat, Mumbai Local Trains, Guwahati and many more has come to threaten the very foundation of modern civilization society and these acts assumed new dimensions. India has been a long time sufferer of terrorism be it in the North east, Punjab or Jammu and Kashmir but now terrorism has dangerously spread to other parts of the country with help of International agencies and groups actively participating in terrorism m increasing proportion.

The September 11 incidents have altered everything. America with its more than 6000 people in the world trade centre and Pentagon blasts is distributed as it is a big blow on its face.

The problem of international terrorism increased recently thus the thoughts were given many times to control it.The problem was first time taken up by the 27th Session of the general assembly. International terrorism has in recent times manifested itself in various forms including

(a) Air craft hijacking
(b) Kidnapping of diplomatic personnel and other persons and attack on Diplomatic missions.
(c) Taking of hostages
(d) Terrorism in war of National liberalization
(e) Terrorism in Armed conflicts.
(f) Nuclear terrorism.

Causes of International terrorism

It is yet another aspect to be scientifically explored, The identification of causes of international terrorism may no doubt be time consuming but cannot be avoided.

Although many states in the world are troubled by terrorism. Sufficient collective win has not developed in the international community to take collaborative action against it. There are some govt. and non officials who support it. Their argument is that there are some gouts in the world which employ methods of terrorism against people.

The birth of international terrorism however can be traced back to as early as 1948 when Israel was created through a partition of Palestine and the Palestinian Readers refused to accept the creation of two states. Several Palestinian groups adopted terrorism with the aim of destruction of Israel and the creation of independents state of Palestine, The world consequently witnessed the rise of terrorism in the middle East Roots of suicide terrorism is a new face of international terrorism. in the current context a no. of causes for terrorism can be identified. In some ways selfish, uncaring behavior on the part of human beings mirror the adolescent stage of individual where personal concerns or grievances overwhelm people. The shikh noor-ud-din wali has with vehemence, force and stress expressed the idea of surrender of the evil in various modes and these ideas it oft repeated in his poetry.

"Alas I am married by my evil self.

It threw me into the ditch of darkness.

It is comes under my grip.

I shall kin it with the sword (of my action)"

Oh my evil self than hast ruined.

I nourished three with Rust and greed.

Thou hast been my bitterest and nearest enemy.

I have not been able to control this evil self so am apprehensive.

And to please it I lost the trinity my purpose.

How much shall I repent now for my deeds.

This evil self hasutterly destroyed me.

The term terrorism is very difficult to define, one man’s terrorism can be another mans freedom struggle. It is estimated that between 1936 and 1985 at least 115 different definitions have been given to the world. "Terrorism"

Yonas Alexander defines terrorism as "The use of violence against random civilians targets in order to intimate or create generalized pervasive fear for the purpose of achieving political goals.

League of nation convention (1937)

Pauli Wilkinson, defines "terrorism, as coercive intimidation" which is in practice "a systematic use of a murder and destruction in order terrorise individual groups. Communities or governments into conceding to the terrorists Alii criminal acts directed against a state and intended or calculated to create a state of terror in the minds of particular persons or a group of persons or the general public.

Instances of International Terrorism

Most organizations that are accused of being a terrorist organization deny using terrorism as a military tactic to achieve their goals and there is no intentional consensus on the bureaucratic definition of terrorism. Therefore, this list is or organizations that are or have been in the part, prescribed as terrorist organization by other organizations including the united nations and national gouts, where the proscription has a significant impact on the group's activities e.g. Al-Qaeda, Jama'atal-Tawhid wa'al-Jahid, Hamas, Hezbollah, Hizbul Mujahideen, Lashkar­e-Toib,.Uberation Tigers of Tamil JEdam (LTTE) Taliban.

O~in Laden comes from extremely rich capitalist family of Saudi­Arabia. The Bin Laden group, which specializes in construction, is an MNC in its own right with projects and offices across the globe. The USA Patriot Act in America by providing appropriate tools require to intercept and obstruct acts of terrorism enacted after 9/ 11 ( l lU1 September, 2001 World Trade Centre attack, New York City, U.S.A.) can be an important piece of legislation to take cue from.

Therefore, the present scenario of increasing terrorist designs, demands that there has to be a well formulated plan to defeat the ever increasing threats about the existence of an individual.

It is true that terrorist threats that we are facing are now on an unprecedented global scale. Recently, the Boston Marathon Bomb Blast has once again shaken the confidence and trust of the people choosing to lead a peaceful and lawful life. War against terrorism, therefore, to be firm and relentless, but, it must be remembered that fundamental rationale of anti-terrorism measures has to be to protect human rights and democracy.

The Supreme Court comprehending the "terrorist act" under Section 15 of the Unlawful Activities (Prevention) Act, 1967 in Md. Ajmal Amir Kasab 's case held that : "a terrorist act" and an act of "waging war against the Government of India" may have some overlapping features.

International Terrorism is a modern form of warfare against legal democracies and goal of these terrorists is to destroy the fabric of democracy and it would be wrong for any democratic state to consider international terrorism to be someone else's problem, rather, it is a collective problem and we must unite to condemn and combat it. As USA Senator, Jackson aptly stated, “The idea that one person's 'terrorist' is another's 'freedom fighter ' cannot be sanctioned. Freedom fighters or revolutionaries don't bow up buses containing 11on-combata11ts; as terrorist murderers do. Freedom fighters don't set out to capture and slaughter school children; terrorist murderers do. It is a disgrace that democracies would allow the treasured word freedom ' to be associated with acts of terrorists".

SOLUTION UNDER INTERNATIONAL LAW
The international initiative to prevent and combat terrorism has had a positive impact on the progressive development of some fundamental principles of international law. While some of these had acquired general principles of international law, which some of these had acquired general principles of international law, the international initiatives on terrorism rein forced these principles through an expansion of their scope of application.

Efforts being made by the united nation to meet the menace of International terrorism.
The conventions to be considered in this context are:
(i) Convention on offences and certain other Acts committed on board Aircraft Tokyo September 14th, 1963 (The Tokyo convention).

(ii) Convention for the suppression of the unlawful seizure of Aircraft. The Hague December 16th, 1970 (The Hague convention).

(iii) Convention for the suppression of Unlawful Acts against the safety of civil aviation. Montreal, September 23, 1971 (The Montreal Convention).

(iv) Convention on the prevention and punishment of crimes against Internationally protected persons, including diplomatic agents New York, 14th, 1973.

(v) International convention against the taking of Hostages, New York, Dec. 1979.

International Convention for the Suppression of the Financing of Terrorism

This convention consists of a preamble and 28 articles. In its annexure it records the major conventions and protocols on the subject adopted between 1970-1999.

Preamble
In the preamble to this convention the member states while reaffirming faith in the purpose and principles of the charter of the United Nations as expressed deep concerns about the world wide escalation of acts of terrorism in all its forms and manifestations.

Text of the convention

The convention has 28 articles,

Article I and II para I

"Any person commits an offence with in the meaning of this convention if that person by any means, directly or indirectly, unlawfully and willfully, provides or collects funds with the intention that they should be used or in the knowledge that they are to be used in full or in part in order to carryout:
a) An act which constitutes an offence with in the scope of and as defined in one of the treaties listed in the annex:
b) Any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation or armed conflict when the purpose of such act by its nature.

Article 13

None of the offences set forth in Article 2 shall be regarded for the purpose of extradition or mutual legal assistance, as a fiscal offence, Accordingly state parties may not refuse a request for extradition or for mutual legal assistance on the sole ground the concerns a fiscal offence,

Article 15

Nothing in this convention shall be interpreted as imposing obligation to extradite or to afford mutual legal assistance, if the requested state party has substantial groups for believing the request for extradition for offences set forth in article 2 or mutual legal assistance with respect to such offences has been made for the purpose of prosecuting or punishing a person on account of that person's race, religion nationality ethnic origin or political opinion or that compliance with the request would cause prejudice to that persons position for any of these reasons.

Article 17

Any person who is taken into custody or regarding whom any other measure are taken or proceedings are carried out pursuant to this convention shall be guaranteed fair treatment, including enjoyment of all rights and guarantees in conformity with Raw of the state in the territory of which that person is persent and applicable provisions of international Raw including international human rights Raw.

Article 19

The state party where the alleged offender is prosecuted shall in accordance with its domestic Raw or applicable procedures, communicate the final outcome of the proceedings to the Secretary-General of the United Nations who shall transmit the information to the other state parties.

Article 27 para 1 and 2

Any state party may denounce this convention by written notification to the Secretary-General of the United Nations. Denunciatin shall take effect one year following the date on which notification is received by the Secretary General of the United Nations.

Article 28

The original of this convention of which the Arabic, Chinese English, French Russian and Spanish tracts are equally authentic, shall send certified copies thereof to all states.

The following international conventions and protocols were incorporated in the annexure of this convention
(i) Convention on the physical protection of Nuclear Material, adopted at Vienna on 3rd March, 1680.

(ii) Protocol for the suppression of unlawful Acts. Violence at Airports serving international civil Aviation, supplementary to the convention for the suppression of unlawful Acts against the safety of civil aviation, done at montreal on 24th feb., 1998.

(iii) Convention for the suppression of unlawful Acts against the safety of Maritime Navigation, done at Rome on 10th March, 1988.

(iv) Protocol for the suppression of unlawful Acts against the safety of fixed platforms located on the continental shelf, done at Rome on l0th March,

(v) International convention for the suppression of Terrorist Bombings, adopted by the General Assembly of United Nations on 15 Dec. 1997.

Terrorism and United Nations

The problem of international terrorism in general has been under consideration of the General assembly since 1972.

The imminent and indispensable task in suppressing the act of terrorism in therefore, to achieve international co-operation. Measures to combat international terrorism on international level would be grim as long as the attitude of the states is not charged.

Terrorism and National Measures

International measures alone are not capable in combating the acts of terrorism unless states themselves are not enthusiastic in suppressing it Likewise in India also there is a need for permanent antiterrorist law. Its implementation is equally important We have experienced how T ADA and POT A have failed for its improper implementation. By and large these Acts have been used for political reasons and innocent persons have to bear the brunt, Dr. Manmohan Singh has stressed the need for a collective strategy to free the would from the scourage of terrorism as the London Masts had proved that it had become a global phenomemon.

Conclusion
The dilemma confronting international initiatives to combating or combat international terrorism was aptly summarized by Robert A. Freidlander in his statement:

"From some, terrorism exists in the mind of the beholder, depending upon one's political views and national origins. For others terrorism consists of criminal act or acts, according to the laws of any civilized society.

Combating terrorism has to be a serious and concentrated global effort An nations already condemn it What is now required in tangible efforts, such as contributing to joint military or armed efforts, pooling financial resources, stopping harboring of terrorists, freezing accounts of terrorists outfits, expensive and intensive education of general public against terrorism. Special efforts have to be made to nip and combat fundamentalistic propaganda projecting terrorism as religious was or Jehad.

International and national criminal laws have to be suitably amended to the detriment of terrorism and favouring legal immunity of forces dealing with it.

America is a country, which has only one interest, its own. The interest of the world have been of no concern to the USA, at though it claims to be the ledger of the world.

Once fired, the weapons of hatred and revenge con not be with drawn except by those who have the greater power of self control, forgiveness and reconciliation. Therefore, the physical weapons of most destructive power shall never be in the hands of there with no control over their mind and ever their judgment even less.

No matter how great the dangers to us, the use of weapons of ultimate especially over human lives, should be the last resort.

Sadly the International community is still unable to find a universal consensus on the problem of terror thereby further postponing the adoption of the comprehensive negative convention against the terrorism. Over the years only India has to fight its battle alone,

The recent international initiatives towards the creation of an international criminal trial mechanism above discussed, assumes special significance in assessing the future prospects of an international legal regime to combat terrorism.
****************
# See, UR Ghai, International Politics. Theory and Practice 10th edn 2004 at p. 399
# Leiden and Schmitt, The Politics of violence (1968)
# Employment News, New Delhi Vol XXVI No, 35, 1-7 December, 2001 p.7.
# M.G. Chitkara, Girdhari Sharma, International Terrorism (2002) at p.6.
# Ibid at p. 7
# See for detail, Hindustan Times. May 3, 2007 "Take Stock of terror funds".
# RC Aggarwala, International law and Human Rights (2001) at p359
# M.K. Nawaz and Gurdip Singh, Legal control of International Terrorism, IJIL Vol. 17 (1979) at p66
# Dr. S.K Kapoor, International Law and Human Rights 15th eds. 2004 at p913
# B.S. Murthy, International relation and organization. For Law students at p129
# By AG. Noorani-Roots of Suicide terrorism in Front line 24 No.7. April 20,2007. at p78.
# G.N. Gauhar, Sheikh Noor-ud-Din wali (988), p85.
# See. Dr. Bharat B. Das, Terrorism and POTA, National Seminar on Human Eights Education, Raw and society NALSR University of Raw Hyderabad Dec. 9-10, 2002 at p87.
# Ibid at p. 88.
# See. for detail, htt..en.wikipedia, org/wiki/list-of-terrorist-organization 17 April, 2007.
# See Supra note, 4. at p.58
# [(2012) 9 SCC 1)
# calcuttahighcourt.nic.in/sesqui/lect2a.pdf
# Amrith Rohan Perera, International Terrorism (997) at p l 74.
# See.http://www.un.org/law/cod/finterr.htm
# Ibid.
# Dr. Janak Raj Jai, Combating Terrorism not by law alone in Lawyer Update August 2003.
# Robert Friedlander- Terrorism-Encyclopaedia of Public International Law. 1986, p373.

 




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