Right/13. International law

K.Yu.N. Zhadan V. N.
Kazan Federal University, Elabuga Institute, Russia
What threat to the world community bears international terrorism?

The world community in the XXI century, there are various international problems related to pollution, climate change, proliferation of weapons of mass destruction, various kinds of epidemics and diseases, etc. among the not less complex problems facing the world community is international terrorism.

The analysis of terrorism as a complex socio-political and socially dangerous phenomena in the world, the legal characteristics of international crimes associated with terrorism as well as cooperation of States and organizations in the fight against international terrorism, the subject of many publications [1] that in no way deprives the author to continue the study of this problem.

The subject of this review will be some of the issues characterizing international terrorism as a threat to the world community.

Every year acts of terrorism become more organized and more violent towards the civilian population. Terrorists use for their acts of various kinds of explosive substances and materials, modern weapons and ammunition by terrorist organizations carefully conceal their activity, and therefore operates a system of firms, funds and banks as cover. Also these organizations have their camps training of new terrorists, underground medical base for treatment and the warehouses that store weapons and ammunition, explosives, uniforms, medicines and other equipment.

The author adopts a scientific approach that, despite a significant number of international legal acts (according to experts there is global and 27 regional agreements) and international organizations and bodies involved in the coordination of the fight against international terrorism, to date no universal international legal act, which would unambiguously characterized this complex socio-political and socially dangerous phenomenon, determined not only the concept of legally significant signs, but also gave an accurate legal assessment and the legal responsibility of the perpetrators of these crimes, and also allowed for joint and effective action to combat terrorism. Fighting international terrorism should be one of the most important tasks for international organizations and all interested States of the world community.

The main international legal instruments against terrorism are: Convention for the suppression of unlawful seizure of aircraft (1970); the UN Convention "On the prevention and punishment of crimes against persons enjoying international protection, including diplomatic agents (1973); UN Declaration "on measures to eliminate international terrorism" (1994); Convention for the suppression of terrorist bombings (1997); Convention for the suppression of the financing of terrorism (1999); the Treaty on cooperation of States-participants of the CIS in combating terrorism (1999); Shanghai Convention on combating terrorism, separatism and extremism (2001); Convention for the suppression of acts of nuclear terrorism (2005) [2, p. 301], and others.

In this part, notably the adoption on 5 December 2015, another international legal act – joint Declaration on combating terrorism, which was initiated by Russia at the meeting of the Council of foreign Ministers of member countries of the Organization for security and cooperation in Europe (OSCE) [3].

It is generally accepted that the world's leading organisation, including directing the fight against international terrorism is the United Nations. At the General Assembly and the UN Security Council regularly discusses the issues of combating terrorism and adopted relevant resolutions. In the framework of the United Nations among the specialized organizations of the most well-known role of the International criminal police organization (Interpol), and also set up a specialized counter-terrorism Committee (CTC) of the UN Security Council.

An important place in the system of international organizations and decision-makers on combating terrorism is the OSCE, as a regional organization for security and co-operation, involving 57 countries from Europe, North America and Central Asia.

In international legal acts use the term "terrorism" and given various regulatory definition of his concepts. It also highlights the types and features of terrorism, as well as notes that will be prosecuted in accordance with the national legislation of States. These circumstances indicate the necessity of a unified and universally accepted normative concept of "terrorism".

In turn, the term "international terrorism", as indicated in the literature, was used only in the late 60-ies and became popular in the 70-90-ies of XX century. This act of terrorism as a crime may be committed, as one person against one or more persons or any objects (enterprise, station, etc.) and an organized group of persons or by an organized organization.

Therefore, international terrorism is a particular form (species) of terrorism, which received its development in the late twentieth century. The main objectives of international terrorism, is the disorganization of the public administration, causing economic and political damage, destabilization, disruption of the foundations of social order, which should prompt the government to change policies [4]. In modern times of international terrorism, as a rule, is a political and religious (Islamic terrorism).

In international legal acts do not contain statutory definition of international terrorism, and therefore, in scientific literature the question about the concept of this type of terrorism is among the controversial and universally accepted definition of international terrorism has not yet been developed.

The author of these lines proposes the following definition of international terrorism – a professional internationally wrongful activities of individuals, groups of individuals or organizations pursuing their interests by committing or threatening to commit violence against civilians, military or police forces or different objects is an arbitrary impact on public opinion and exert pressure on government structures.

Of practical interest are the differences of international terrorism from other types of crimes: firstly, it is the preparation of the crime is in the territory of one state and are, as a rule, on the territory of another state; secondly, after committing the crime in the territory of one state, the terrorist most often is hiding on the territory of another state, this raises the issue of extradition; thirdly, terrorist acts committed against persons enjoying international protection; fourthly, the international terrorism has a strong social and economic base, the most modern weapons, equipment, information-psychological and organizational support [5].

In international law, international terrorism included in the number of crimes of an international character (also called conventional), which also include: international drug trafficking, counterfeiting, piracy, crimes in sphere of illegal immigration and the slave trade, illicit trafficking of nuclear and chemical wastes, capture of hostages, including air transport, mercenaries, etc.

It is generally accepted that terrorism is less likely to occur in countries in which the population lives quite well and with smaller number of problems and contradictions, including between various social, national and confessional groups of the population. Terrorism often occurs in countries where the society is experiencing a crisis of ideology and state legal system. In such a society you may experience all kinds of opposition and extremist groups (political, social, religious, etc.).

As you know these conflicts and situations are the most favourable for the cultivation of violence, aggressive behavior and acts of terrorism, both within the state and outside it. Moreover the problem of terrorism reaches its peak in the period of social conflict, because they become a provoking factor of terrorist behavior. In turn you should not forget that the cause of the formation of conflict situations are fundamental changes in the political, socio-economic and other spheres of society and state, as well as the intervention of interested parties from other States (for example, under the pretext of democratization of public administration in the country, protection of the rights and freedoms of citizens, etc.).

A vivid example of this situation is the crisis in Syria. Thus to overthrow the legitimate President Bashar al-Assad on 11 November 2012 in Doha (Qatar) was created by the national coalition for Syrian revolutionary and opposition forces led by the coalition leader MoAZ al-Khatib and supported by Sunni Muslim States (Saudi Arabia, Turkey, Qatar, Kuwait, etc.).

The facts show that terrorist acts committed in different countries of the world, in underdeveloped as Afghanistan, Iraq, Syria, etc., and in highly industrialized as the USA, France, Israel and others Committed terrorist acts in Russia, examples of this, the explosions in the Moscow subway March 29, 2010 (killed 41 people and 88 people were injured), 24 January 2011 Moscow Domodedovo airport suicide bomber detonated a bomb (37 were killed and 130 people were wounded), 31 October 2015 in the explosion of a bomb, set in the Luggage of passengers, crashed Russian plane, which was flying from Sharm El Sheikh to St Petersburg (killed 224 people).

At the present stage of development of the Russian state, before society as a whole before the world community, rather there are the problems of preventing and combating terrorism, as well as improvement of forms of international legal cooperation and interaction with other States.

In terms of counter-terrorism in the literature it is customary to distinguish two strategies of fight against terrorism "conservative" and "progressive". "Conservative" strategy involves certain concessions to terrorist demands (for example, the payment of a ransom; the recognition of the values supported by the terrorists; the recognition of the terrorist leaders of the equitable members on the negotiations, etc.), "progressive" is an absolute destruction of terrorists and their supporters, and encouraging those cooperating States in the fight against terrorism, the rejection of any negotiations with terrorists, etc. [6].

Currently terrorist organization, as the self-proclaimed "Islamic state" and seized a large part of the territory of Syria and Iraq, almost supplanted the terrorist organization "al-Qaeda" from the first place of the main threats for the world community.

To combat "Islamic state" joined by more and more of the States concerned. In addition to U.S. international terrorism are opposed by France, Britain, Egypt and other countries, and from October 2015 to destroy the "Islamic state" was joined by Russia.

At the request of the Syrian government and on the basis of an international Treaty between Russia and Syria, units of the aerospace defence forces and naval fleet of Russia are involved in elimination of the terrorist militias of the "Islamic state of Iraq and the Levant" (ISIL), whose members at the start of their terrorist activities took the name of DAYS (the self-proclaimed "Islamic state") and began to carry out military operations against the regular forces of Syria and Iraq.

The author adopts a scientific approach to counter-terrorism all interested countries of the world community. First and foremost, by improving the international legal framework, strengthening the interaction between States and organisations to exert pressure on the countries that support the power form of the displacement of the heads of state, ideas of violence and terrorism.

Thus, international terrorism is today one of the most challenging problems for the world community. International terrorism has a global spread, threatens the lives of many people, regardless of their country of residence and only on the basis of international legal acts and decisions of international organizations, joint and coordinated action of all interested States can help to cope with these complex socio-political and socially dangerous phenomenon in the world, affecting the lives of every inhabitant of our planet.

Reference:

1. See: Adelkhanyan R. Indications of a terrorist crime under international law // Russian justice. – 2002. – N 8. – P. 47-48; Gusher A. I. the Problem of terrorism at the turn of the third Millennium of the new era of mankind [electronic resource] – access Mode. – URL: www.e-journal.ru/p_euro-st3-3.html (reference date: 25.12.2015); Makeev R. H. Terrorism in conditions of globalization // State and law. – 2007. – N 3. – P. 43-49; international terrorism and the fight against it – [electronic resource] – access Mode. – URL: http://bukvi.ru/pravo/ugolovnoe/mezhdunarodnyj-terrorizm-i-borba-s-nim.html (reference date: 25.12.2015), etc.

2. International law: Textbook for students of high schools trained on a speciality "Jurisprudence" / ed. by K. K. Hasanov, D. D. Shalagina. – M.: UNITY-DANA. 2011. – 479 p.

3. The OSCE adopted the Russian-proposed Declaration on combating terrorism – 25.12.2015 – [electronic resource] – access Mode. – URL: http://ria.ru/defense_safety/20151205/1336149644.html (reference date: 25.12.2015).

4. Kulikov A. Modern international terrorism – response // Global terrorism and international crime: proceedings of the 4th world anti-criminal and antiterrorist forum [electronic resource] – access Mode. – URL: http://dic.academic.ru/dic.nsf/ruwiki/49248 (reference date: 25.12.2015).

5. Types of crimes in international law [electronic resource] – access Mode. – URL: http://lesnaya.nethouse.ru/articles/147888 (reference date: 25.12.2015).

6. The strategy against terrorism [electronic resource] – access Mode. – URL: http://900igr.net/prezentatsii/obg/Terrorizm/005-Strategija-borby-s-terrorizmom.html (reference date: 25.12.2015).