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§ 3. Essence and the maintenance of concepts "terrorism" and «the international terrorism»

It is obviously important to carry out research of a problem of definition of the maintenance of concepts "terrorism" and «the international terrorism», and it is necessary to notice, that terrorism - the extremely ambiguous phenomenon by the nature which can occur from set of sources, beginning from national - emancipating ideas and religious extremism, finishing unhealthy mentality of the terrorist-single.

Any idea, even the most raised, such as idea of freedom and independence can be blackened election of the misanthropic methods causing condemnation and aversion at all civilised world. The variety of sources of ideas of terrorism leads to necessity of struggle against it both on interstate, and on international levels. In the given paragraph it is offered to consider basic distinctions of terrorism and the international terrorism, and also the strongest and most weaknesses of the state and international control.

To begin a reasoning on the offered theme it will be interesting from that example as in the presence of due support from bodies of protection of the law and order and mass media, skilful actions of interested persons, including politicians, struggle against terrorism, unfortunately, can be used for achievement of the purposes far from strengthening of the state and international safety.

Against set of sensational cases about terrorism so-called «business Molli Maguajers [32]» independently settles down. The events connected with this organisation, have occurred in the USA in XIX century. The name working-class movement of miners of the State of Pennsylvania which was engaged in a coal mining, has received thanking a press. This fact is rather interesting example of how frequently it is easy to manipulate public opinion and to make direct impact on perception a society of those or other events, is artificial giving to them any shade. The name already worked against workers as associated, first of all, with terrorists-murderers.

Working class struggle in the USA, in particular, performances of miners against shahtovladeltsev, had rather rigid character, as an example «Long Strike» 1874-1875 when miners by means of army have forced to agree with reduction of wages on 10-20 % and as the Association of miner's mutual aid has been liquidated can serve that. The organisation «Molli Maguajers» existed since 1854 for 1877 and practically being a trade union of miners of the Irish origin. Collisions with employees of the security enterprises and strikebreakers [33] which were hired by owners of mines for strengthening of own influence and easing of unity of workers were not rare. As a result of several litigations over heads and active workers of movement, 19 persons have been executed through hanging. There are two opposite opinions on the nature of this organisation.

According to the first sight which, actually, also has been presented the wide public as true and proving punishment over leaders of working-class movement, «Molli Maguajers» was the secret terrorist organisation sowing horror and creating atrocities. This version was picked up by the press, having generated public opinion as proofs have been given by well-known detective agency

Pinkertona, introduced on Wednesday of miners set of the agents who were engaged in provocation of violence.

Liberal historians of the USA [34] adhere to other sight.

According to this position, any terrorist organisation actually did not exist, and similar provocations were necessary shahtovladeltsam to strangle working-class movement. To organise similar provocation it became possible thanks to mass media which always had solving influence on opinion of simple Americans, and also well paid and perfectly executed work of employees of mentioned detective agency Pinkertona. Really, fast court and indicative punishment over leaders of working-class movement in many respects could brake working class struggle for the rights.

Thus, it is possible to draw a conclusion, that terrorist threat can quite be only skilful manipulation with public opinion in someone's mercenary interests. The states have no right to suppose similar situations. Any abusings in use of the term "terrorism", and the justification of acts which carry obviously terrorist orientation is equal also, by all means belittle value and compromise the international cooperation in the given direction as a whole. « The similar relation to terrorism and separatism, application in this question of double standards will inevitably result and, unfortunately, has already led to escalation of the armed violence on a global scale. How to it to resist? An exit one - all without an exception of the state of the world should not in words, and in practice to show unanimous intolerance to terrorism as to the phenomenon and in common, consistently to act as the uniform, rallied front against its any displays, completely having refused from possibility of use of those or other crisis situations in the political, economic and geopolitical interests »[35].

The above described business serves as an evident illustration of how correct qualification of each concrete criminal action is important. Differences of crimes of a terrorist orientation from other criminal offences are obvious enough, as the terrorism is in details enough defined in the international conventions, and also in national laws of the states. Other question of principle, - it is possible to allocate what especial signs at the international terrorism? It is represented true to draw an analogy with other branches of law and to proceed in the given question from the general understanding "mezhdunarodnosti" or transgranichnosti.

For example, when it is a question of the international private law such legal relations which probably to regulate the internal law are meant, but thus they "are burdened" by a foreign element. For example, when in civil matters there is a foreign subject, either object, or the juridical fact. Accordingly, in that case only the internal law will be not always enough for the permission of possible legal disputes.

According to the above-stated including to separate the international terrorism from interstate it is possible to formulate similar signs. Signs of the international terrorism consist in the following:

- The purposes which are pursued by terrorists, mention some countries;

- The crime or preparation for it begins in one country, and comes to an end in another;

- Means on which there is this or that terrorist group, occur from other country;

- Citizens of the various countries and participants of the actions spent by the international organisations, or the persons using the international protection become victims of acts of terrorism;

- The caused damage mentions some countries or the international organisations.

The listed signs can be characterised in a sense as "burdening" of a terrorist crime from the point of view of the internal law as give it the international character. However, besides the listed elements, it is impossible to disregard that fact, that terrorist crimes are listed in corresponding international treaties, and, hence, are crimes of the international character. That means, it is necessary to consider relative similarity of understanding of the state-participants of the international agreements, which crimes terrorist from the point of view of the national legislation.

Crimes of the international character are acts which are forbidden by the international community as criminal. This primitive approach simply defines a crime on a source of its criminalisation (the will of the state expressed in the agreement, or to means of participation in the international organisation), but he does not explain, in this connection, the international community wishes to brand behaviour which deserves the international criminal interdiction and punishment. Often the political reasons of criminalisation in this connection, quickly extending material resources of the criminal law have not been added by the general discussion and the coordination of some practical moments of criminal prosecution, such as principles of proving or restriction of the criminal liability depending on circumstances and the put damage are not clear also. In this connection, again it is necessary to return to thought that for struggle by terrorism insufficiently separately effective standards interstate and international law. Thus acceptance of substantive rules in isolation from creation of corresponding remedial and ideological base can be the reason of superfluous disagreements and it can appear finally time expenditure.

For today obviously, that only one interstate measures are not capable to counteract terrorism, in particular terrorism effectively. Law enforcement bodies of each separately taken state in the activity are limited by certain international obligations, borders, agreements on mutual aid on criminal cases and about extradition of criminals. The most essential lacks consist in the following:

- The lack of the information directly depending on degree of participation of the states in the international programs of data exchange, and also based on political or other reasons of isolation of the country on international scene;

- Lack of economic, technological and human resources for conducting effective struggle against terrorism;

- Free-hand restriction in struggle against the international terrorism outside of the state jurisdiction that happens is extremely necessary;

- A consequence of application of double standards (for example, a recognition of terrorists movement for independence from the foreign state and rendering of a various sort of support by it), wrongful intervention from other states.

Information lack, absence of data exchange about activity of terrorists - one of the basic problems in struggle against terrorism. Frequently it is connected by that the similar information turns out special services of the state and at once receives a security classification which is not giving to possibility to give to its foreign partners. For simplification of process an exchange of a military information in 2005 the Director of National investigation of the USA had been entered possibility of use of a new signature stamp for prospecting documents: RELIDO (Releasable by Information Disclosure Official). As director DNI John Negroponte has explained, RELIDO has been entered with a view of simplification of information interchange by acceleration of procedure of disclosing of the data limited to distribution. RELIDO gives the chance to officials to let out documents, not consulting to their founders, in those a case if it is necessary.

Other important point is that fact, that methods of conducting prospecting operations and shadowing terrorists and their communications outside of the state jurisdiction are rather limited. Carrying out of special operations is interfaced to the same complexities in territory of the foreign state that is the major stimulus for expansion of the international cooperation in the given sphere. The success of similar actions is called into question as the operative situation can cardinally change for that time which has been spent for the coordination of actions and reception of permissions. All aforesaid causes necessity of creation of a legal regime and the mechanism for carrying out special (including power) operations against the terrorist organisations, application of forces similar to order and means of a peace-making contingent of the United Nations, but thus it should be much more operative and mobile. Example of infringement of existing norms of international law in the given context is operation «Spear of the Neptune», spent by the USA for Osama bin Laden's destruction. Illegality of the given operation does not raise the doubts as the management of Pakistan before its most end has not been informed by a management of the USA on intrusion of helicopters of the American special troops into air space of Pakistan, about actions American

Military men in its territory.

Interests of struggle against terrorism are often sacrificed to political and economic interests of some countries that generates the facts of wrongful intervention in internal affairs of the sovereign states. An example is illegal support (military, political,

Economic) which appears from the USA, and also some European and Arabian states to various groupings of the armed Syrian opposition. Thus many of the given groupings are the terrorist organisations, or is close with them connected, even according to an official position of the USA and EU, and not just according to the legislation of the Syrian Arabian Republic.

It is necessary to establish, that measures which are undertaken at the international level, without a due combination to measures interstate, will be insufficient. First of all, it is connected with necessity to reckon with sovereign rights of the states, and yours faithfully the conventional principles of international law, in particular, a principle of non-interference to internal affairs. However, the situation when the state will not have possibility to protect from internal terrorist threat independently is quite probable, but thus it for the various reasons does not address to the world community for the corresponding help (for example, in connection with presence of sanctions from the foreign states, or being afraid for safety of sovereign rights over the territory after possible international intervention,). For existence and development of a similar situation essentially various two scenarios are probable: In the first case, terrorist threat does not fall outside the limits borders of the given state, in other case, such threat gets transboundary, international character.

Analyzing modern lines of development of international law, it is possible to draw a conclusion, that such intervention can be justified only in a case when the world community will consider it necessary in view of mass character and weight of infringements of human rights intervention in internal affairs of the state which is not capable to struggle independently effectively with internal terrorism. But even in such sluchaet the specified intervention all the same generates some question limits of such intervention in case of absence of obviously expressed consent to it from the state, in particular, are not clear.

In the second case it is necessary to start with the right of the suffered foreign state to protect and the citizens from criminal trespasses when the interstate terrorism oversteps the bounds of the separate country. Nevertheless, even in this case infringement of the sovereignty of other states is inadmissible. Realisation counterterrorist and special operations in territory of other state without its consent, even in a case when it is obviously necessary, should follow only after acceptance of the corresponding decision by the international community. In the given question it is essentially important to start with indestructibility of basic principles of international law. Cases when inability or unwillingness of the concrete state to solve internal problems bears in itself threat to universal values and interests generate necessity of creation of the special mechanism of reaction to the terrorist threats arising in situations, described above.

Earlier in work L.Pashchenko and R.Pashchenko's opinion concerning terrorism signs was mentioned. Proceeding from the given signs, it is possible to draw the conclusion what exactly owing to that in the given act it is possible to allocate three parties (namely, the criminal, a direct victim or a victim, and also object of psychological influence) should be brought terrorism for frameworks of understanding of "usual" criminal offences and military actions. From activity of national-liberation movements, revolutionary and similar processes it is necessary to consider as difference of terrorism low degree of attraction of weights, and also that frequently radical methods do not find support even in that society, from a name or in which "protection" of interests the terrorist organisations can operate.

Proceeding from sense of international agreements and existing practice, it is possible to designate some purposes of terrorist activity:

- First, this violent change existing obshchestvennopoliticheskogo a political system. Thus, it consolidates the purposes as

«Terrorism: history and the present»//Electronic magazine URL:http://www.irex.ru/press/pub/polemika/10/(reference date:

And freedom »

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The political associations which have followed a way of terrorism, and the radical religious organisations;

- Infringement of work and interaction of power departments of the states and management personnel as a whole, destabilization of a situation in the state by decrease in level of trust to the power;

- Decrease in level of security of the state, both from internal, and from external threats as recently practice of the international intervention in state internal affairs specifies that especially internal problems can cause fears and corresponding reaction of the international community;

- Decrease in mutual trust between participants of the international dialogue. This purpose is represented to the most dangerous to an international peace and cooperation as there where there is no trust, there will be no consent, accordingly, no attempts to develop joint decisions will bring positive results.

In view of the specified features in subjects, methods and the purposes, and also other characteristic lines of the international terrorism it is necessary to mention, the Global counterterrorist strategy accepted in 2006 (The UN Global Counter-Terrorism Strategy). The Plan of action accepted according to this resolution is unique enough in own way the document. As it is told on an official site of the United Nations: «for the first time all member states have agreed with the general strategic approach to struggle against terrorism, not only having sent an accurate signal that the terrorism is unacceptable in its forms and displays, but also having expressed determination to undertake practical steps, both in individual, and in the collective plan, on prevention of terrorism and struggle against it» 36.

First of all, the given strategy names terrorism among the most serious threats to an international peace and safety, and also without reserve and resolutely condemns it in all forms and displays. And also calls for realisation of all resolutions, concerning liquidations of the international terrorism, protection of human rights in the conditions of struggle against terrorism, cooperation with auxiliary counterterrorist bodies of Security council in performance of their problems, recognising, that many states on - former require the help for realisation of these resolutions. However, that «the international cooperation and any measures which will be accepted for terrorism prevention thus admit, should provide observance of all obligations on international law, including under the Charter of the United Nations Organization both corresponding international conventions and reports, in particular in the field of human rights, bezhenskogo the right and the international humanitarian law».

The document also provides a number of measures which are necessary for undertaking for effective struggle against terrorism which will be in more details considered in following heads of research:

- Measures on elimination of the conditions promoting distribution of terrorism;

- Measures on prevention of terrorism and struggle against it;

- Measures on strengthening of potential of the states on prevention of terrorism and struggle against it and strengthening of a role of system of the United Nations Organization in this area;

- Measures on maintenance of general respect of human rights and the supremance of law as a fundamental basis for struggle against terrorism. 37

So, it is possible to draw a conclusion, that the given document is directed on consolidation of the general efforts in elimination of conditions which create the favorable environment for occurrence and existence terrorist, including the international organisations. First of all, to such conditions, according to strategy, it is necessary to carry not settled conflicts, regular

Infringements of human rights, and also discrimination on the various bases, as that national, religious and ethnic. Besides the specified basic conditions also are allocated political isolation, social and economic marginalizatsija and absence of the appropriate government, but already in number "podpityvajushchih" the international terrorism.

Thus, it is necessary to sum up, briefing, that now the border between concepts "terrorism" and «the international terrorism» is extremely indistinct, that is connected by objective causes, such as development of an information field, globalisation and others, and also to specify in necessity of a combination of the state and international measures for struggle against terrorism.

The all-round analysis of methodological and theoretical aspects of international legal definition of concept terrorism, consideration of istoriko-legal aspects of its development, modern understanding of terrorism and its international legal criminalisation, and also essence and the maintenance of concepts the terrorism and the international terrorism have allowed to make a number of the conclusions necessary for carrying out of deeper and actual research of international legal definition of terrorism. The history of collision of civilisations with a terrorism phenomenon specifies in necessity to struggle with this phenomenon, leaning against historical experience, it is important to understand also distinction between concepts "terror" and "terrorism". Research of modern understanding of terrorism has revealed heterogeneity of the concept, and, as consequence, plurality of approaches and classifications, in particular, a concerning question of its international legal criminalisation, for example, classification by the subject gives the chance to differentiate activity of the terrorist organisations and similar activity on methods state or power structures which cannot be qualified equally. Besides it, that fact today is obvious, that the interstate terrorism even more often gets the lines inherent in the international terrorism in this connection, even as much as possible isolated states have no possibility completely to secure itself against this threat. The given thesis underlines the actual chosen theme of research as next time specifies in necessity to lead more intensive international antiterrorist cooperation.

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A source: Moiseyev Alexander Igorevich . INTERNATIONAL LEGAL terrorism definition. The dissertation on competition of a scientific degree of the master of laws. Moscow -. 2015

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