Terrorism as An international

Crime.
1.The States stubbornly insisting on any act by people or organization engaged in wars of self- determination being exempt from the label of terrorism even when
they engage in attack against civilians.
!A.. Pakistan in 2002 when acceding to The 1997 convention for the Suppression of Terrorist bombing should exclude from its scope armed forces, including
freedom fighters.
!B.. This reservation was taken by Egypt, Jordan and Syria in 2003-2005 when ratifying or acceding to the Convention for the Suppression of the Financing of
terrorism.
2. The second position is that of States and authorities which hold that, while any act of liberation performed by freedom fighters is not covered by international
law but remains governed by International Humatarian law by armed conflict.This view was taken by the President of Arab League, Mr. A. Moussa.
3. A third middle of-the road position is that UN convention of Financing and terrorism. It says attack by armed combatant and on military target,keeping with
international law is not terrorist Act.
Self-Determination
• Article 1
• The Purposes of the United Nations are:
• To maintain international peace and security, and to that end: to take effective collective measures for
the prevention and removal of threats to the peace, and for the suppression of acts of aggression or
other breaches of the peace, and to bring about by peaceful means, and in conformity with the
principles of justice and international law, adjustment or settlement of international disputes or
situations which might lead to a breach of the peace;
• To develop friendly relations among nations based on respect for the principle of equal rights and self-
determination of peoples, and to take other appropriate measures to strengthen universal peace;
• To achieve international co-operation in solving international problems of an economic, social, cultural,
or humanitarian character, and in promoting and encouraging respect for human rights and for
fundamental freedoms for all without distinction as to race, sex, language, or religion; and
• To be a centre for harmonizing the actions of nations in the attainment of these common ends.
• Cause of terrorism- Socio, economic and Political.
International Law
•  body of rules established by custom or treaty and recognized by nations as binding in their relations with one another.
• Article 38
• 1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it,
shall apply:
• international conventions, whether general or particular, establishing rules expressly recognized by the contesting
states;
•
international custom, as evidence of a general practice accepted as law;
•
the general principles of law recognized by civilized nations;
•
subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of
the various nations, as subsidiary means for the determination of rules of law.
• 2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree
thereto.
Dualistic or Monist approach.
• Monism and dualism were originally conceived as two opposing theorizations of the relationship between
international law and domestic law. The subject of considerable debate in the first half of the 20th century,
monism and dualism are regarded by many modern scholars as having limited explanatory power as theories
because of their failure to capture how international law works within states in practice. Notwithstanding
their decline as theories, monism and dualism retain power as analytical tools. They act as consistent
starting points for examinations of the relationship between international and domestic law. For example,
scholarship on the role of international law in domestic or European Union (EU) law, and on the ways that
domestic courts incorporate international human rights law, continues to use monism and dualism as
touchstones for analysis. A number of recent decisions in domestic courts have seen some scholars revive
monism and dualism as potential ways to understand domestic judicial reasoning on international law.
Monism and dualism also provide a shorthand way of signaling attitudes of individuals and institutions
within domestic legal systems toward international law. In its most straightforward form, monism holds that
international law and domestic law form part of a single universal legal system. Monism’s most famous
proponent, Hans Kelsen, considered that there was a hierarchical relationship within the monist legal
system, under which international law was superior to domestic law and thus prevailed in any conflict
between the two laws. A dualist system treats the international and domestic systems of law as separate and
independent. The validity of international law in a dualist domestic system is determined by a rule of
domestic law authorizing the application of that international norm. Because of the variety of ways in which
domestic systems incorporate international law, some scholars have preferred the term pluralism.
Arab Convention For Suppression of
Terrorism
• First the convention of terrorism adopted by Arab League, Organization of
African Union, Conference of Islamic State.
• Second- 1999 UN convention For The Suppression Of Terrorism.
• Thirdly National Laws.
• Canada Supreme Court,
• (1) acts normally criminalized under any national penal system, or
assistance in the commission of such act whenever they are performed in
time of peace,(2) intended to provoke work of terror in the population to
make a state or international organization to do some work, are politically
and ideologically motivated, that are not based on private ends.
Arab Convention
• Part One: Definitions and General Provisions Article 1 Each of the following terms shall be understood in the light of the definition give; 1.
Contracting State Any member State of the League of Arab States that has ratified this Convention and that has deposited its instruments of
ratification with the General Secretariat of the League. 2. Terrorism Any act or threat of violence, whatever its motives or purposes, that
occurs in the advancement of an individual or collective criminal agenda and seeking to sow panic among people, causing fear by harming
them, or placing their lives, liberty or security in danger, or seeking to cause damage to the environment or to public or private installations
or property or to occupying or seizing them, or seeking to jeopardize a national resources. 3. Terrorist offence Any offence or attempted
offence committed in furtherance of a terrorist objective in any of the Contracting States, or against their nationals, property or interests,
that is punishable by their domestic law. The offences stipulated in the following conventions, except where conventions have not been
ratified by Contracting States or where offences have been excluded by their legislation, shall also be regarded as terrorist offences: a. The
Tokyo Convention on offences and Certain Other Acts Committed on Board Aircraft, of 14 September 1963; b. The Hague Convention for the
Suppression of Unlawful Seizure of Aircraft, of 16 December 1970; c. The Montreal Convention for the Suppression of Unlawful Acts against
the Safety of Civil Aviation, of 23 September 1971, and the Protocol thereto of 10 May 1984; d. The Convention on the Prevention and
Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, of 14 December 1973; e. The International
Convention against the Taking of Hostages, of 17 December 1979; f. The provisions of the United Nations Convention on the Law of the Sea,
of 1982, relating to piracy on the high seas. Article 2 a. All cases of struggle by whatever means, including armed struggle, against foreign
occupation and aggression for liberation and self-determination, in accordance with the principles of international law, shall not be regarded
as an offence. This provision shall not apply to any act prejudicing the territorial integrity of any Arab State. b. None of the terrorist offences
indicated in the preceding article shall be regarded as a political offence. In the application of this Convention, none of the following
offences shall be regarded as a political offence, even if committed for political motives: c. Attacks on the kings, Heads of State or rulers of
the contracting States or on their spouses and families; d. Attacks on crown princes, vice-presidents, prime ministers or ministers in any of
the Contracting States; e. Attacks on persons enjoying diplomatic immunity, including ambassadors and diplomats serving in or accredited to
the Contracting States; f. Premeditated murder or theft accompanied by the use of force directed against individuals, the authorities or
means of transport and communications; g. Acts of sabotage and destruction of public property and property assigned to a public service,
even if owned by another Contracting State; h. The manufacture, illicit trade in or possession of weapons, munitions or explosives, or other
items that may be used to commit terrorist offences.
POTA Section 3.
• Explanation.—For the purposes of this sub-section, "a terrorist act" shall include the act of raising funds intended
for the purpose of terrorism. (2) Whoever commits a terrorist act, shall,— (a) if such act has resulted in the death
of any person, be punishable with death or imprisonment for life and shall also be liable to fine; (b) in any other
case, be punishable with imprisonment for a term which shall not be less than five years but which may extend to
imprisonment for life and shall also be liable to fine. (3) Whoever conspires or attempts to commit, or advocates,
abets, advises or incites or knowingly facilitates the commission of, a terrorist act or any act preparatory to a
terrorist act, shall be punishable with imprisonment for a term which shall not be less than five years but which
may extend to imprisonment for life and shall also be liable to fine. (4) Whoever voluntarily harbors or conceals,
or attempts to harbour or conceal any person knowing that such person is a terrorist shall be punishable with
imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life
and shall also be liable to fine: Provided that this sub-section shall not apply to any case in which the harbour or
concealment is by the husband or wife of the offender. (5) Any person who is a member of a terrorist gang or a
terrorist organisation, which is involved in terrorist acts, shall be punishable with imprisonment for a term which
may extend to imprisonment for life or with fine which may extend to rupees ten lakh or with both. Explanation.
—For the purposes of this sub-section, "terrorist organisation" means an organisation which is concerned with or
involved in terrorism. (6) Whoever knowingly holds any property derived
• UNLawful Prevention Activities Act, 1967 and amendments.
Motive
• Not Limited To One territory.
• Spreading Panic and Fear among people.
• Overthrowing Government or Forcing Them to Do something.
• Forcing change of policy.
• Financing Illegally to the State.
 Specific sub categories of
international Terrorism As A
Dis Crete International Crime
This applies to (1) acts that, whether or not they are offence under national law,may or do jeopardize the safety of aircraft, or
of persons or property therein, or which jeopardize good order and discipline abroad,(II) the unlawful taking control, by force
or threat thereof or by any other form of intimidation, of aircraft in flight,(!!!)acts of violence against persons on board an
aircraft in flight or against the aircraft,(IV)murder, and other violent acts against internationally protected persons,or their
official premises,private accommodation, or means of trans port.(V) Unlawful poabroad or against the ship,(Vii)ssession of
use, transfer,theft of nuclear material,as well as threat to it,(VI) taking control of a ship by force or threat thereof or any
other form of intimidation or acts of violence against persons abroad or against the ship,(VII)taking control over a fixed
platform by force or threat any other form of intimidation.
International Terrorism Is Part Of
• International Humanatarian Law.
• International Criminal Law.