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TAMIL NATION
LIBRARY:Human Rights
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[see also UK
Terrorism Act 2000
& What is Terrorism]
 From
the Introduction:
"An attempt will be made in this introduction to offer a definition of the
phenomenon of terrorism. It has to be emphasised however that no definition
would be comprehensive enough to encompass all possible aspects of a phenomenon
so varied in its forms, motivations, targets and logistical backup... it is
extremely difficult to offer a precise and objective definition which can be
universally acceptable. There are several reasons for this, namely:
(a) terrorism takes different terms: although it is usually equated with
political subversion, it is employed at times by governments, and is used as
an instrument of syndicated crime;
(b) the criteria for defining the term 'terrorism' is generally subjective
since it is mainly based on political considerations:
(c) above all, terrorism is prompted by a wide range of motives, depending on
the point in time and the prevailing political ideology. In this respect, it
would he recalled that during wartime, members of the French resistance to
the German occupation were regarded as criminals and were pursued
accordingly. Another example, is the division in French public opinion
created by the Algerian War, some regarded the movements involved in the
uprising as plain terrorists, while others viewed them as genuine liberation
movements. Finally, Yasar Arafat who was once branded in the United States
as a terrorist, is now being received in the White House by the President
of' the United States as a respectable Head of State.
Notwithstanding the difficulties which militate against providing a
universally acceptable definition of' the term, it is proposed to provide a
working definition as follows:
| The term terrorism is used to define criminal acts based on
the use of violence or threat thereof and which are directed against a
country or its inhabitants and calculated to create a state of terror in the
minds of the government officials, an individual or a group of persons, or
the general public at large. It could be the work of one individual, but
more often than not is the effect of organised groups whose philosophy is
based on the theory that ' the end justifies the means'. |
The International Law Commission concluded that the following categories
constitute terrorist acts:
(i) Any act causing death or grievous bodily harm or loss of liberty to a
Head of State, persons exercising the prerogatives of the Head of State,
their hereditary or designated successors, the spouse of such persons, or
persons charged with public functions or holding public positions when the
act is directed against them in their public capacity;
(ii) Acts calculated to destroy or damage public property or property
devoted to a public purpose;
(iii) Any act likely to imperil human lives through the creation of a
public danger, in particular the seizure of aircraft, the taking of hostages
and any form of violence directed against persons who enjoy international
protection or diplomatic immunity;
(iv) The manufacture, obtaining, possession or supplying of arms,
ammunition, explosives or harmful substances with a view to the commission
of a terrorist act.
....Terrorism is not a modern phenomenon. Mankind has been afflicted with it
for centuries long before the Baader Meinhof gang. There have been many examples
of its application throughout history; the Greeks used it against the Persians
when the latter were preparing to attack; the Guelfs and Ghibellines resorted to
it in medieval Italy; at the dawn of this century, the Bolsheviks employed it
against the empire of the Tsars when seizing power in Russia; in the period
between 1945 and 1975, colonised peoples used violence against oppressive
colonial powers, e.g. in South Africa, Mozambique and Palestine. In the recent
past the Khmer Rouge struck in Battambang and the IRA terrorised the people of
London. The period from 1975 to 1985 was particularly marked by a campaign of
terror against the industrialised countries. From about the mid 1980's an
outbreak in Middle Eastern terrorism took place within the continent of Europe
aimed at bringing to the forefront the various conflicts taking place in that
troubled part of the world...
.... terrorism must be viewed as a peacetime problem, which must be tackled
through peacetime remedies. However, some may argue that terrorism is a modern
type of war waged against our democratic societies and institutions, but still
that does not justify resorting to wartime measures. If that were to be allowed,
it would leave the way open for serious abuses which result in the erosion of
democracy and contempt for constitutional guarantees .
Another idea which comes to mind when dealing with the issue of terrorism
concerns the eradication of the underlying causes which prompt terrorist groups
to form and perpetrate their actions. This seems a sound idea, but analysing the
motives behind the terrorist acts has proved to be a very slow process. The
characterisation of terrorism is not a straightforward task as the terrorist
demands are not always clear due to the objective being pursued. This situation
is further complicated by the psychological constitution of the terrorists
themselves...
Combating Terrorism
The weapons at the disposal of the World Community for combating terrorism may
conveniently be placed under three headings: laws, police forces and legal
systems .
As concerns laws, the measures for dealing with terrorists are
by and large similar in most countries of the World. This is particularly true
within the context of the Member States of the European Union, allowing for a
few slight differences. Thus, the European Convention on Extradition (1957), the
European Convention on Judicial Co-operation (1969), and the European Convention
on the Suppression of Terrorism ( 1978), may be regarded as a solid basis for
co-operation between the Members of the European Union.
The decision to abolish internal border-controls in the European Union raises
many difficult issues relating to the combating of terrorism. It must be
stressed that this abolition will inevitably lead to an increase in insecurity
as the borders will have been abolished for terrorists and other offenders while
the police will continue to respect them notwithstanding. The only way out of
this dilemma would be to recruit highly qualified and efficient law enforcement
officers.
At the international level the following conventions are some of the
international instruments which are particularly relevant to combating
terrorism.
Convention on offences and Certain other Acts committed on Board Aircraft,
entered into force, December 4, 1969 (2 ILM 1042 (1963));
Convention for the Suppression of Unlawful Seizure of Aircraft, entered into
force, October 14, 1971 (10 ILM 133 (1971));
Convention to Prevent and Punish the Act of Terrorism Taking the Form of
Crimes against Persons and Related Extortion that are of International
Significance, entered into force, October 16, 1973 (10 ILM 255 (1971));
Convention for the Suppression of Unlawful Acts against the Safety of Civil
Aviation, entered into force January 26, 1973 (10 ILM 1151 (1971));
Convention on the Prevention and Punishment of Crimes against Internationally
Protected Persons including Diplomatic Agents, entered into force, February
20, 1977 ( I 3 ILM 4 l ( I 974));
International Convention against the Taking of Hostages 1979 (18 ILM 1460
(1979)).
Turning to police forces, their primary task in combating
terrorism is that of intelligence gathering and assessment. In most of the
European countries special anti-terrorist units have been established. Ideally -
speaking, the results of intelligence gathering should be utilised by teams of
specialists from various disciplines in order to secure a better understanding
of the terrorist movements to be combated and take the initiative away from
them. This can be achieved with a reasonable amount of effort, since one of the
weak points of terrorist networks is their logistical set up, e.g. caches and
hide-outs, forged papers, financial channels and publishing of tracts. All this
suggests that terrorists nearly always operate through a complex set of
structures which are not always sufficiently watertight, and hence police are
provided with ample opportunities to forestall terrorist activities.
Leaving aside intelligence gathering and assessment, it is incumbent on our
police forces to keep a close eye on a whole range of sensitive points in order
to put off would-be saboteurs. Furthermore, they must constantly keep a check on
trading in arms, explosives and communication devices. In addition, they must
provide adequate protection to leading figures who are likely to be targeted by
the terrorists.
There are times when it becomes inevitable to use armed forces in combating
terrorism. Most countries have chosen to set up special task forces which are
well trained in responding to terrorist attacks. These forces operate discreetly
without attracting much attention. It is because of this that their activities
do not attract the attention of the media.
Attention may now focus on judicial co-operation between
members of the World community; the success of this depends largely on the
extent of political co-operation between states, and their respective respect
for the sovereignty of one another. By and large, the level of judicial
co-operation is more than satisfactory, particularly among the industrialised
States. Some of the countries of the European Union resorted to questionable
methods, e.g. Spain established a Special Court, the United Kingdom used
internment without trial in Northern Ireland, Germany restricted the rights of
those accused of terrorist acts in certain legal proceedings, and France used
special courts to try individuals accused of endangering the safety of the
State..." |
