Loghin Elena

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Terrorism and international law

Table of Contents
Defining terrorism............................................................................................................ 2
The influence of Globalization............................................................................................ 3
Coping with terrorism....................................................................................................... 5
Conclusion..................................................................................................................... 7
Bibliography............................................................................................................... 8

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Defining terrorism

The term terrorism is derived from the word terror which is defined as extreme fear
caused by human actions but also by natural disasters. It is most commonly used to describe a
largely unforeseeable thereat. However, states in the international community have failed to
provide a universal definition for terrorism, this creating some sort of paradox, in which states
strive to suppress terrorism without being able to provide a collective definition of it. Terrorism
is used most commonly to describe any criminal activity involving the use of violence in order to
cause harm or to inflict threats to human life affiliated with some kind of organization or group
whose purpose is to provoke terror. In the context of international law there are some conditions
that need to be met in order for an act to be categorized as a terrorist one: an organized operation
or concerted plan designed to achieve a specific goal, the pursuit of that goal in order to create
terror upon a specific group of people or the public at large, and the perpetration of acts of
violence which result in causing death or severe physical injury (Guillaume, 2004).

The acts of terror arent usually targeted at victims chosen on an individual basis, the goal
being to spread terror among the group of which they belong. In order to do so, terrorist seek to
compel governments or the public opinion so they would make some concession towards them.
In the absence of a definition agreed upon by the international community, some states have been
unable to entrust international criminal tribunals with the task of punishing this type of crime 1.
Terrorist attacks are most likely conducted by well-structured organizations with considerable
financial resources rather that by isolated individuals or small groups.

The influence of Globalization

Terrorism has become a widespread method of combat due to the fact that it provides significant
results with limited human and financial cost. The recent scientific and technological

1 See the The Lockerbie Cases before the International Court of Justice on 3 March 1992 <
http://www.haguejusticeportal.net/Docs/Miscellaneous/Lockerbie_info_EN.pdf>

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advancements do not always have the intended result, for example the nitroglycerine and
mercury bombs have been replaced with remote-controlled devices that are more hard to detect.

Globalization is the result of a new and modified capitalism where the economic,
technological, political, and cultural features are intertwined (Kellner, 2002), it is an ongoing
process of interaction and integration among people and nations, grounded on new
communication, information technology, international trade and investment (The Levin Institute,
2016). But this process is far from being complete, and through its course of evolution it
encounters certain bumps. In the last few years, there have been a lot of technological
advancements towards empowering excluded persons and social groups 2, there forward everyone
can take advantage of this. There are some theories that the Islamic State has gathered more
recruits through the internet, continuously posting videos of the horrific scenes and calming
responsibility for acts of terror had made the group more popular (Anonymous, 2015).

In globalization positive and negative are intertwined, although it pushes towards

democracy, free trade, and social and cultural exchange it also brings new types of war and
destruction. This creates a paradox in which terrorists fight against the process of globalization,
fearing that it involves a corruptive influence over the local behavior but they use the products of
globalization to gain success in this fight. This starts with ISIS and its growing popularity around
the social media. Although it could be discussed that al-Qaeda might had been just as popular if
it wouldnt have been for the technology gap, in The mystery of ISIS we find a passage where
al-Qaeda leaders sent messages advising Zarqawi3 to stop publicizing his horrors (Anonymous,
2015). There forward ISIS is a new type of terrorist organization, a new phenomenon, that we
have not yet fully understood.

Kellner argues that terrorism either will be suppressed by new rational types of politics,
or it will develop a new era of apocalyptic futurist world. In The mystery of ISIS the main

2 See the Promoting Empowerment of People in achieving poverty eradication, social integration and
full employment integration and full employment and decent work for all survey conducted by the UN
Department of Economic and Social Affairs, Division for Social Policy and Development.

3 Abu Musab al-Zarqawi was a militant Islamist from Jordan, known for a series of bombings,
beheadings, and attacks during the Iraq War, who joined al-Qaeda, and pledged allegiance to Osama bin
Laden, and later went on to be founder of ISIS.

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topic of discussion is that although there are theories and beliefs regarding how did ISIS rise so
fast and powerful, they either have gaps or contradict each other, hence no one has fully
understood how did ISIS grew because the focus is misplaced. My belief is that everything from
people to technology is evolving which implies a process of growth and development. Although
people might not had been able to predict the phenomenon of ISIS, progress had been made and
newer ideas and solutions are brought up and tested. For example, a new group has emerged
formed by female fighters, founded on the belief that ISIS insurgents will not go heaven if they
are killed by women. The Female Protection Forces of the Land Between the Two Rivers has
only 50 members but expectations grow higher as the number of fighters increases (Smith,
2015). They are training regularly and already had a fight with the terrorist group. The purpose
of this group is not limited towards the fight against extremists, but goes forward by trying to
terminate the ISIS rule, where the women have very few rights or none at all.

Coping with terrorism

Various decisions and conventions have been adopted by both the UN and several
specialized agencies and regional organizations within EU, the focus being mostly on the
prosecution or extradition the perpetrators of the terrorist acts 4. When there are gaps encountered
in the international law, domestic courts are granted the necessary jurisdiction to sentence
offences committed on their territory, or abroad if they are committed by or against their
nationals. There are some conventions 5 that invoke the principle of aut dedere, aut judicare in
which the arresting State is obligated to choose to either extradite or prosecute.

The events of 9/11 shed some light on the great risks of a potential biological and chemical
terrorism (911Research, 2001). There are major gaps of knowledge with regard to the feasibility
of current disinfection and inspection methods to protect the food and water supply against

4 See The Hague Convention for the Suppression of Unlawful Seizure of Aircraft 16 th December 1970.

5 See The Geneva Conventions of 1949, The International Conventions Against Tacking of Hostages of
1979, The International Convention on the Suppression of the Funding Terrorism of 1999.

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contamination. The best possible solution for the moment would consist of a global increase in
food and water safety initiatives combined with enhanced disease surveillance (Khan, 2001).

Terrorist attacks conducted on the territory of a foreign state point to some questions. The
authorities within a state have a limited jurisdiction outside their territory, and they can only act
if they are involved in some way in the terrorist activity. This involvement can differ: terrorist
activities may be operated on the territory of a state without its noticing, or the state may know
that terrorists are preparing attacks on its territory but it is incapable to control these activities.
Terrorist organization may base themselves in a state regardless of its forbiddance but and in
some cases terrorist activities are initiated by the government. In these situations, the state is
subjected to pressure exercised by other states who have been themselves victims of terrorism,
pressure that may take the form of countermeasures that does not always involve the use of
violence. The Security Council may be required to take decisions under Chapter VII of the
Charter, but in some cases states are tempted to act unilaterally 6 (Guillaume, 2004). If a decision
isnt provided by the Security Council, the states will act unilaterally justifying their actions on
the ground of humanitarian intervention or by arguing that they have been the victim of an armed
attack within the meaning of article 51 of the Charter7.

There have been some jurisdictional problems in connection with terrorism. The first has
been that terrorist offences have often occurred in locations that make the operation of the
normal rules of jurisdiction uncertain (in aircrafts or overseas). The second is that even when it
has been clear who may assert jurisdiction, there has not always been the political will to do so.
The terrorist can often inflict fear that if he is arrested, or if imprisoned after trial, further
violence may occur against the citizens of the country concerned. It has been the task of the
United Nations to try to address each of these problems (Rosalyn Higgins, 1997). In Terrorism
and International Law Maurice Flory states that the internationalization of terrorism should
result in the internationalization of repression by means of greater legal assistance among states:
terrorist attacks should be criminalized in every state and criminal procedures should be revised
accordingly.

6 The US invasion of Iraq in 2003, the US countermeasures against Libya in 1992, etc.

7 The military action conducted by American armed forces in Afghanistan was not initiated in the context
of the UN but as an exercise of the right to self-defense.

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The increase use of the terrorism over the past years has evoked legal responses at both
national and international level. The main thrust for the legal response of the international
community has been the conclusion of conventions which seek to regularize, and clarify the
issue of the claim of criminal jurisdiction. In relation to ISIS, several sources point to the fact
that the regional community in the Middle East, Iraqi army, Kurdish Peshmerga and Sunni forces
could cooperate together with the U.S. to defeat ISIS (Simcox, 2015). Such action could in
international law be termed collective self-defense. Acknowledging the risk that some efforts to
counter terrorism might be contrary to the very principles and values that terrorism threatens,
much of the commentary focused on the need to avoid over-reaction. For instance, Mary
Robinson, the High Commission for Human Rights, stated that the attacks of September 11 were
crimes against humanity that darkened the human rights horizon (UN News Center, 2002).
Robinson pointed to the excessive measures taken by certain countries against human rights
defenders, migrants, asylum-seekers and refugees, religious and ethnic minorities, and the media,
all in the name of counter-terrorism. In her view, strict compliance with international law results
in fair balances between legitimate security and military concerns, and fundamental freedoms.
Ruud Lubbers, the High Commissioner for Refugees, agreed. Although he believes that all
efforts, at both the national and international levels, aimed at eradicating terrorism and at
punishing those responsible for terrorist acts, he emphasized that in order to ensure those
efforts, the fundamental rights and freedoms of law-abiding citizens must be respected (Lubbers,
2002). Understandably concerned about the treatment of refugees as the war against terrorism
continued, Lubbers singled out unduly restrictive legislative and regulatory measures adopted
by a number of States. Such measures sometimes result from an unwarranted linkage between
terrorism and refugees, despite the fact that, in his view, refugee law provides no safe haven for
terrorists, nor stands in the way of prosecution.

Jakob Kellenberger, President of the International Committee of the Red Cross, argued
that international law, if correctly applied, international humanitarian law is one of the strongest
tools which the international community has at its disposal in the efforts to reestablish the
international order and stability which terrorism disrupts (Kellenberger, 2002). Indeed,
Kellenberger notes that international humanitarian law obligates States to bring those who
commit crimes during armed conflict to justice. Dinah PoKempner, General Counsel for Human
Rights Watch, stated the obvious, but essential, in suggesting that responses to terrorism,

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whether understood as war or law enforcement, involve choices that have implications for the
rule of law, its development, and its reciprocal basis (Morren, 2002).

Conclusion

One lesson that can be learned from looking at the framework of international law
relating to terrorism is that it has a complex structure. No body of international law stands in
isolation and the variety of tools required for preventing and combating terrorism may engage a
number of different aspects of international law. A request for extradition of an individual under
one of the universal counter-terrorism instruments may raise questions of international refugee
law or international human rights law. A decision on whether or not to prosecute a terrorist may
give rise to questions of international criminal law and international human rights law as well as
national rules on jurisdiction.

The war against international terrorism takes place in very different strategic situations,
ranging from peace to international armed conflict. Best practice guides and rules of engagement
should clearly instruct State agents on the means and methods available at a given time in a
given environment to fight against international terrorists. Human rights should not be
undermined in the war against terrorism. States should rather strive to adjust human rights to the
best standards available. By co-operating with international specialized organizations States will
thus increase their ability to co-operate internationally in the struggle against terrorism (Morren,
2002).

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Bibliography
911Research. (2001). Anthrax Attacks. Retrieved from 9-11 Research:
http://911research.wtc7.net/post911/terror/anthrax.html
Anonymous. (2015, 08 13). The Mystery of ISIS. Retrieved from The New York
Review of Books: http://www.nybooks.com/articles/2015/08/13/mystery-isis/
Guillaume, G. (2004). Terrorism and International Law. International and
Comparative Law Quarterly, 537-548.
Kellenberger, J. (2002, 09 05). International Humanitarian Law at the Beginning of
the 21st Century. Retrieved from ICRC:
https://www.icrc.org/eng/resources/z3temp/traning%20tests/5e2c8v.htm
Kellner, D. (2002). Theorizing Globalization. Sociological Theory, 285-305.
Khan, A. S. (2001, 01). Precautions Against Biological and Chemical Terrorism
Directed at Food and Water Supply. Retrieved from National Center of
Biotechnology Information:
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1497290/pdf/11571403.pdf
Lubbers, R. (2002, 05 30). Message from Mr. Ruud Lubbers, United Nations High
Commissioner for Refugees, to the Special Meeting on Terrorism and
International Law at the International Institute of Humanitarian Law, San
Remo, Italy, 30 May 2002. Retrieved from UN Refugee Agency:
http://www.unhcr.org/admin/hcspeeches/3cf745ab1/message-mr-ruud-
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Morren, S. (2002). TERRORISM AND INTERNATIONAL LAW: CHALLENGES AND
RESPONSES. Sanremo: International Institute of Humanitarian Law .
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Simcox, M. P. (2015, 02 09). ISIS on the Run. Retrieved from Foreign Affairs:
https://www.foreignaffairs.com/articles/iraq/2015-02-09/isis-run
Smith, A. (2015, 12 14). Here comes the Islamic State's worst nightmare more
female fighters. Retrieved from Business Insider:
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The Levin Institute. (2016). What Is Globalization? Retrieved from Globalization101:
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