Terrorism and International Law

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Mohammad Rubaiyat Rahman Lecturer of Law BSMRSTU Gopalganj 8100 Terrorism and International Law

Transcript of Terrorism and International Law

Page 1: Terrorism and International Law

Mohammad Rubaiyat RahmanLecturer of Law

BSMRSTUGopalganj 8100

Terrorism and International Law

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Terrorism & Int’l Law• The domain of international law is a difficult medium

to address the subject of terrorism. • Four reasons: 1.difficulty in defining uniform perception of terrorism; 2. complexity of defining the issue of ‘political offence’; 3. difficulty of identifying the perpetrators of terrorism

(i.e., focus of international concern);4. remedies issues for terrorism victims.

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Lack of Uniform Definition of Terrorism

• A uniform and ‘easy to understand’ definition of terrorism is not available in the legal arena. This backlash has provided considerable bulwark in tackling the challenge of terrorism, regionally and internationally. • Deficit of a uniform definition of terrorism have been

thwarting the endeavor of adopting a comprehensive international legally binding instrument as to international terrorism. This also prevents international institutions like UN from developing comprehensive strategy

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Impact• Impact of terrorism can be stratified into three

categories.• 1. violation of right to life, liberty and dignity; • 2. terrorism infringes right of a democratic society;

and • 3. terrorism impacts right to social peace and public

order.

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Evolution of ‘Terrorism’• The concept ‘terrorism’ comes from the regime de la

terreur (i.e. the regime of terror) that had been prevailing in France during 1793-94. Terrorists tend to systematically terrorize the common populace with kidnappings, executions and other crimes. The terrorists target academic institutions, medical facilities and humanitarian aid centers. Terrorism also undermines the national and regional economy.

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Evolution of ‘Terrorism’• The dilemma and endeavor of the definitional issue of

terrorism can be traced back to the pre-World War Two period. During the post-World War One time span, the devising of international legal norms to combat terrorism had been failing due to deficit of effective judicial, executive and enforcement powers. The 1937 Convention for the Prevention and Punishment of Terrorism is pertinent to mention. Despite the 1937 Convention failed to be adopted, it paved ways to make renewed attempts in mid-Twentieth century for formulating a consensus definition of international terrorism.

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Evolution of ‘Terrorism’• After the end of the Second World War, the issue

terrorism resurfaced endangering civil aviation sector. The severity of the situation led to adoption of three conventions which are: the 1963 Tokyo Convention of Offenses and Certain Other Acts Committed on Board Aircraft, the 1970 Hague Convention for Suppression of Unlawful Seizure of Aircraft and 1971 Montreal Convention for Suppression of Unlawful Acts Against the Safety of Civil Aviation.

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Terrorism & South Asia• The reasons behind terrorism in South Asia can be

stratified in three categories: • (1) terrorism arising out of religious fundamentalism; • (2) left wing extremism and • (3) terrorism resulting from desire for secessionism.

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Countering Terrorism• Counter terrorism can be referred as forceful response

to the act of terror which is consisted of the combination of hard and soft power.• Countering terrorism falls within the ambit of state

responsibility.

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Hard Power & Soft Power• Hard power:

A coercive approach to international political relations, especially one that involves the use of military power.• Soft power is a concept developed by Joseph Nye of

Harvard University to describe the ability to attract and co-opt rather than by coercion (hard power), using force or giving money as a means of persuasion. Soft power is the ability to shape the preferences of others through appeal and attraction.

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Counter Terrorism• It would be a misconception to deem that counter-

terrorism is simply a kind of military activity. • Counter terrorism is consisted of eight measures:• political measures, social measures, educational

measures, economic measures, military measures, intelligence measures, judicial measures and media measures.

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Terrorism & Role of UN• International law response to terrorism from the perspective of the

United Nations (UN) deserves vital significance. The resolutions of the UN against terrorism have contributed to international law’s response towards terrorism. The UN itself is the victim of terrorism and suffered tragic human loss due to violent terrorist acts. In recent millennium, there had been terror attack in Baghdad office of UN on August 2003. The incident claimed life of the Special Representative of the UN Secretary General. • Terrorism attacks the value of UN Charter and other international

human rights instruments. Respect for Human Dignity and rule of law; tolerance among people and nations; and peaceful settlement of dispute- all these are core value of the UN Charter. Terrorism tears apart these values.

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UN Resolution• The Security Council Resolution 1373 (2001) was

adopted in compliance with Chapter VII of the UN Charter. The wordings of Resolution 1373 (2001) envision terrorism as threat to international peace and security. The salient features of the resolutions are: obligate states to criminalize terrorist acts; penalize for the involving with terrorist offences; criminalize the financing of terrorism; and to strengthen the international cooperation.

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UN Resolution• UNSC resolution 1373 lays out a three tiered program

to combat terrorism. These are inducting counter terrorism program in national legislation; state’s executive commitment to counter the threat of terrorism and states’ obligation to provide report to Counter Terrorism Committee on respective states’ counter terrorism regime.

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UN Resolution• Resolution 1566 provides the definition of terrorism as

criminal acts committed with an intent to cause death, serious bodily injury or taking of hostage to provoke a state of terror in general public.• Resolution 1566 (2004) convenes for cooperation

along with the prevention and punishment of criminal acts reflecting three features: (1) act committed with intention to cause death or serious physical injury; (2) act that provokes a state of terror among the common populace; and (3) act that has resemblance with the definition of terrorism provided in the international conventions and protocols.

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TERRORISM & HUNTINGTON’S Clash of Civilizations

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Introduction• After the end of the Cold War, conflicts between

civilizations struggling for influence on a new world order pose the greatest danger for international stability and peace.

• This, at least, is the central tenet of Samuel Huntington’s famous and best-selling book The Clash of Civilizations and his earlier Foreign Affairs Article• The wide attention Huntington’s works has attracted

in public discussion of international terrorism

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Hypothesis of Huntington’s Clash of Civilizations

• Huntington’s clash of civilizations hypothesis has many facets.

• One central hypothesis in his work it is this:• The dominant source of conflict will shift from the

clash of ideologies during the Cold War period (liberal democracy vs. communism) to the clash between nations and groups of different civilizations after the end of the Cold War.

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Explanation of Hypothesis• He argues that the Cold War had artificially plastered

over and dampened inter-civilisational conflicts. The end of the Cold War allowed these conflicts to emerge and gain strength.

• Huntington regards certain civilizations and certain pairs of civilizations as more prone to conflict than others.

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Meaning of Civilization• He defines civilizations as “the highest cultural

grouping of people and the broadest level of cultural identity people have”,

• Huntington distinguishes eight civilizations – Western, Sinic (east Asian culture , Japanese, Islamic, Hindu, Slavic-Orthodox, Latin American and, possibly, African.

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Meaning of Clash• It remains unclear about his second most important term: clash.

• While he states that clashes between civilizations will become the greatest threat to world peace and that “the fault lines between civilizations will be the battle lines of the future”.• Huntington mentions the use of terrorism as one form of

conflict. • In the clash between the Rest against the West, he identifies

terrorism (together with nuclear arms) as one of the two weapons of the “non-Western weak”