INTERNATIONAL

TERRORISM
BY: ANEES AHMED
&
SHARAFAT ALI
 INTRODUCTION
“Terrorism is the use, or threat of use, of violence by an individual or a
group, whether acting for or in opposition to established authority, when
such action is designed to create extreme anxiety and/or fear-inducing effects
in a target group larger than the immediate victims with the purpose of
coercing that group into acceding to the political demands of the
perpetrators.”

(Wardlaw 1982)
 Conti..
 Western states are not ready to accept the inclusion of states in terrorism.

 Third world & non aligned states are of the opinion that states are also
responsible for international terrorism.

 But the fact is that actions of states at transnational borders cause the
relations of states same as of the individuals or individuals’ group’s
action.
 State/ Establishment Terrorism
 States involve in terrorist acts directly or indirectly in fulfilment of certain objectives,
have different forms;

 Firstly, the authorities of state use terror force against its citizens in case colonial
regime or liberation movement.

 Secondly, terror acts are committed in territory of other state to gain their objectives.

 These acts are not only condemned by international community but included in many
of the treaties and conventions to curb it.

 International law lacks the enforcement power so its failure in eliminating terrorism.
Sub State Terrorism
 Individuals or a group of Individuals commit terrorism for their motives.

 But the terrorism for certain motives is unjustifiable.

 For int’l law the main concern is commission of these acts.

 But int’l law is dealt with those acts which have a bearing on
international relations.

 It has manifested in various forms in different parts of world.

FORMS OF INT’L TERRORISM
 No particular form of terrorism.

 Any action intended to harm particular one, group or general public are
the forms of terrorism.

 Causing death or bodily harm, destruction or damage to public property

due to the actions of endangering lives like manufacture, obtaining
possession or supplying of arms, ammunition, explosives or harmful.

 The common forms are aircraft hijacking, attack on diplomatic missions;

taking of hostages and crimes against internationally protected persons.
LEGAL CONTROL ON INT’L
TERRORISM
 After the assassination of Yugoslavian king and French PM in 1934,
league of nations passed unanimously resolution to institute a committee
of experts which draft a tentative int’l convention to curb scheming or
offences pursuant of political terrorism.
 In 1937 int’l conference was held in Geneva which gave two
conventions;
 One convention for prevention & punishment of terrorism and other is
creation of an international criminal court.
 After the establishment of UN few conventions were concluded to
suppress the international terrorism these are as;
 9/11 is

1. AIRCRAFT HIJACKING collectively

considered the
worst hijacking
 Four conventions and a declaration are concluded to control aircraft in the history of
hijacking; aviation, not
only because of
 Tokyo convention (1963) against committed acts on board aircraft. the number of
victims it created
 Hague convention (1970) for suppression of unlawful seizure of aircraft. but also because
it was a 
watershed mom
 Montreal convention (1971) on safety of civil aviation. ent
 for the US and
the whole world.
 1991 convention on marking of plastic explosives for the purpose of
detection to protect int’l civil aviation against unlawful acts.

 A protocol supplementary on the Montreal convention in 1988.

 TOKYO Convention 1963
Convention on Offences and Certain Other Acts Committed on
Board Aircraft
The purpose of the Tokyo Convention is to protect the safety of
the aircraft and of the persons or property thereon and to
maintain good order and discipline on board.
The offender may be taken into custody by the contracting state
which may initiate criminal proceeding or extradite a person but
neither was mandatory.
Hague Convention 1970
 Convention for the Suppression of Unlawful Seizure of Aircraft,
commonly called The Hague Convention, was signed on Dec. 16, 1970,
 Any person who on board on Aircraft in flight
a) unlawfully, by force or threat, or any other form of intimidation, seize or
exercise control of that aircraft
b) or is a accomplice of a person whom performs such act, commits an
offence.
 Convention makes it imperative for the contracting state in the territory
of which the alleged offender is found, if it does not extradite him, to
submit the case to its competent authorities for a purpose of
prosecution.
Montreal convention 1971
•  Convention for the Suppression of Unlawful Acts against the Safety
of Civil Aviation
•  states agree to prohibit and punish behavior which may threaten the
safety of civil aviation.
• The Protocol makes it an offence to commit similarly violent,
dangerous, or damaging acts in airports that serve civil aviation.
Convention of Marking of Plastic
Explosive for the purpose of Detection-
1991
• Plastic explosive: Plastic explosive is a soft and hand-moldable
solid form of explosive material.
• This convention requires countries to prohibit and prevent the
manufacture of such unmarked explosive as well as transfer of
such
explosives from and in to its territory.
 2. Taking of Hostages The Beslan school
siege (also referred to as
 Terrorists also perform hostages in order to gain political or personal
the Beslan school hostage
gains. crisis or the Beslan
 To control these UNGA adopted convention in December 1979 which massacre) was a terrorist
attack that started on
says; September 1, 2004, lasted
 Taking of hostage is an offence of grave concern to the international three days, involved the
community. imprisonment of more
than 1,100 people as
 So its urgently necessary to develop int’l cooperation among states in hostages (including 777
devising and adopting effective measures for the prevention, children)and ended with
the deaths of 333 people,
prosecution and punishment of all acts of taking of Hostages. 186 of them children, as
 Article 8 of that convention lays down that if any state is found as well as 31 of the attackers.
party in these acts and not ready to extradite, shall be faced with It is considered to be the
deadliest school shooting
authorities to prosecute according that state’s laws.  in human history.
3. Protection of Diplomatic Convention
ON December 14, 1974, UNGA adopted the convention on the prevention
and punishment of crimes committed against Internationally protected
persons.
The purpose of this convention is to punish the offenders who commit
crimes against persons entitled IPP.
"Internationally protected persons" is a term created by the convention,
and refers explicitly to Head of state, Head of government, Foreign
Ministers, Ambassadors, other official diplomats, and members of their
families.”
Conventions was adopted earlier Like VCDR 1961, VCCR 1969
This convention was adopted to specify the range of persons, Commission
of act of violence against whom
TERRORISN & UNITED NATIONS
 International terrorism is UN’s concern since 1972.

 Where it recommended certain items in agenda to the sixth committee.

 Measures to protect the innocents, fundamental freedom, human lives against

indulged in actions like violence in misery, frustration, grievance and despair.

 An ad-hoc committee comprised of 35 members was formulated on the

recommendation of sixth committee.

 It had its first meet in 1973 without any positive achievement.

 In 1976 its 31st session was held where a resolution was passed to
TERRORISN & UNITED NATIONS
 In 1976 its 31st session was held where a resolution was passed to
workout on the mandate which is entrusted to it.

 On behalf of sixth committee’s recommendations general assembly

adopted resolutions in different years like;

 In 1977 a report without progress was submitted.

 In 1979 it condemned terrorism and encourage states to eliminate it.

 In 1981 & in 1984 it endorsed same 1977 policy.

TERRORISN & NATIONAL MEASURES
 Only int’l measures are not enough to combat terrorism but states should
be enthusiastic to suppress it.

 UN GA called states to take appropriate measures at national level &

cooperate each other to eliminate terrorism.

 What are the appropriate measures which general assembly has not
precisely mentioned.

 Some are as under;

a. Ratifications of int’l conventions
 There is no single convention on combating terrorism is internationally
recognised or signed universally.

 That’s due to their flaws in political as well as theoretical nature.

 There is great need to universally recognised convention to curb the

international terrorism.
b. Extradition or Prosecution
 Extradition is only possible when there is extradition treaty available
between states.

 Hague convention (1970) included certain conditions where forced to states

to curb terrorism in absence of any particular extraditable treaty.

 1971 Montreal convention also provides extradition allocation against

unlawful acts of persons between states.

 If there fall extradition so states and offenders are faced with prosecution
due to technicalities of law.

 Prosecution should be speedy & decisions are publically given.

c. Conclusion of Bilateral Treaties

 If there is no multilateral or universally accepted treaty among states then

they should do bilateral treaties.

 They should have extradition of accused persons as well as their

prosecution to curb terrorism.

 In 1922, India & Britain concluded Indo-Britain extradition treaty and the
agreement to confiscate on reciprocal basis the assets of terrorists and the
drug-runners in either country.
d. Mercenaries
 Most terrorist acts are committed by “soldiers of fortunes”, paid murders
and whores of war.

 UNGA many times condemned it but not controlled by that.

 These hostile acts continues to be happen at public places.

 UNGA created a committee in 1980 to create convention which functions

against recruitment, Use, financing, training of mercenaries.
 e. Mutual Cooperation
 States’ exchange of information and apprehension of terrorist has paramount
importance.

 It will help in conclusion of treaties, and prosecution or extradition of

perpetrators of terrorist acts.

 The acts of terrorism has been condemned by all the states.

 Why its frequency has been increasing despite their condemnation?

 Due to lack of political will of states and determination to suppress it.

 Speeches, discussions and deliberations alone cannot suppress it