Question 2
(a) Write an article to be published in a local newspaper, entitled: The Menace of Terrorism.
Base your article on the points given below:
Definition of terrorism – terrorism not confined to any single state, country or region; it
has become an international phenomenon - why do the terrorists strike? - description
of the most deadly terrorist strikes like 9/11 terrorist strike in the USA and the attack on
Indian Parliament and the series of terrorist attacks in Mumbai on November 11, 2008 -
ways to check the menace of terrorism.
(You may also include other relevant details.)
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Answers
Answer:
Hope it helps :)
Explanation:
Defining terrorism
Before examining the meaning and associated concepts and principles of (international) criminal justice and international criminal law as they apply to terrorist crimes, it is first necessary to briefly examine some of the principal reasons for, and implications of, the absence of a universally agreed definition of terrorism, including how key institutional and State actors have approached criminal justice solutions in the absence of one.
As was discussed in Module 1, the concept of "terror" is not a new one, having existed in different forms for centuries. The reasons for this are many. There are a number of possible explanations for this, some of which are explored below in relation to ongoing efforts to agree on a Comprehensive Convention.
Customary definition of terrorism
Although there is no current agreement regarding of a universal legal definition of the term, there has been some debate regarding the possible existence of an, at least partial, customary definition of terrorism. This followed the somewhat controversial judgment of the Special Tribunal for Lebanon in 2011, which found that since at least 2005, a definition of "transnational terrorism" has existed within customary international law:
As we shall see, a number of treaties, UN resolutions, and the legislative and judicial practice of States evince the formation of a general opinio juris in the international community, accompanied by a practice consistent with such opinio, to the effect that a customary rule of international law regarding the international crime of terrorism, at least in time of peace, has indeed emerged. This customary rule requires the following three key elements: (i) the perpetration of a criminal act (such as murder, kidnapping, hostage-taking, arson, and so on), or threatening such an act; (ii) the intent to spread fear among the population (which would generally entail the creation of public danger) or directly or indirectly coerce a national or international authority to take some action, or to refrain from taking it; (iii) when the act involves a transnational element.
In reaching such a finding, the Tribunal relied primarily upon relevant United Nations policies, practices, and norms, including those of the General Assembly, as well as upon national and international jurisprudence. Furthermore, it was stated by the Tribunal that the necessary substantive (objective and subjective) elements for two other classes of terrorist criminal conduct also existed within international law: war crimes committed in the course of international or non-international armed conflict; and those acts crossing the threshold to constitute crimes against humanity, whether perpetrated during peace time or armed conflict.
While the existence (although not necessarily the interpretation) of the latter two categories of offences are non-contentious and well established within international law (including treaties and related jurisprudence), the existence of a peacetime international crime within customary international law is not widely regarded as being settled. Certainly, whenever terrorism terminology is referred to within a United Nations instrument, such as a resolution, it should not be understood as implying the existence of a customary definition. Notably, as will be seen, the General Assembly Declaration on measures to eliminate international terrorism (resolution 49/60) requires a political purpose, but the draft Comprehensive Convention does not. Meanwhile Security Council Resolution 1566 (2004) focuses on reiterating sectoral offences, does not incorporate all forms of terrorism, and does not require any special intent or motive.
The Tribunal's ruling, together with its underlying legal basis, were significantly criticized and not widely accepted, including for not meeting the necessary legal threshold tests in terms of state practice and opinio juris. As leading commentator Ben Saul noted at the time:
While there are numerous sector-specific treaties which address particular criminal means and methods used by terrorists, none of [the treaties referred to by the Special Tribunal] - individually or collectively - contains a comprehensive definition of terrorism or establishes a general international crime of transnational "terrorism". At most, specific offences in some treaties may have entered into customary law, such as aircraft hijacking or hostage taking. In the absence of a general crime of terrorism in treaty law, no parallel customary rule can arise out of those treaties. The sectoral approach was adopted precisely because states could not reach agreement on 'terrorism' as such.