BHARATI VIDYAPEETH DEEMED UNIVERSITY
NEW LAW COLLEGE, PUNE
ASSIGNMENT ON TERRORISM
NAME- APRATIM DE
CLASS- BA.LLB
ROLL NO. - B-49
SUBJECT- POLITICAL SCIENCE
Part-A
Definition Of terrorism
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Terrorism is a political freighted, emotionally provocative, and highly contested
term that has eluded attempts by policymakers and scholars to develop a
universally accepted definition for it. But I would prefer the operational definition
used by National Conseret
Terrorism is defined by some of the prominent countries of the world as follows:-
1. Argentina
The Argentine National Reorganization Process dictatorship, which lasted from
1976 to 1983, defined "terrorist" as "not only who set bombs and carry guns, but
also those who spread ideas opposite to Christian and western civilization".
2. France
In 1986, France adopted its first "anti-terrorism" law. The French legal definition
of "acts of terrorism" as in force since 2016 is to be found in the French code
penal, article 421. The article starts with:
Acts of terrorism – provided they are intentional, connected to either an individual
or a collective enterprise, and intended to gravely disturb the public order by way
of intimidation or terror are:-
1. Deliberate assaults on life or on personal integrity. Example:- the hijacking of
an airplane, ship or other means of transport.
2. Theft, extortion, destruction, degradation, detoriation, infractions on
computerized information, etc.
3. Pakistan
The Pakistan Anti-Terrorism (Amendment) Ordinance, 1999 states:
A person is said to commit a terrorist act if he,
(a) in order to, or if the effect of his actions will be to, strike terror or create a sense
of fear and insecurity in the people, or any section of the people, does any act or
thing by using bombs, dynamite or other explosive or inflammable substances, or
such fire-arms or other lethal weapons as may be notified, or poisons or noxious
gases or chemicals, in such a manner as to cause, or be likely to cause, the death of,
or injury to, any person or persons, or damage to, or destruction of, property on a
large scale, or a widespread disruption of supplies of services essential to the life of
the community, or threatens with the use of force public servants in order to
prevent them from discharging their lawful duties; or
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(b) commits a scheduled offence, the effect of which will be, or be likely to be, to
strike terror, or create a sense of fear and insecurity in the people, or any section of
the people, or to adversely affect harmony among different sections of the people;
or
(c) Commits an act of gang rape, child molestation, or robbery coupled with rape
as specified in the Schedule to this act.
4. Syria
Syrian Foreign Minister Walid Muallem defined terrorism as "Killing civilians in
international law means a terrorist aggression.
5. Turkey
The definition of "Terrorism" in Article 1 of Anti-Terror Law 3713 is: "Terrorism
is any kind of act done by one or more persons belonging to an organization with
the aim of changing the characteristics of the Republic as specified in the
Constitution, its political, legal, social, secular and economic system, damaging the
indivisible unity of the State with its territory and nation, endangering the existence
of the Turkish State and Republic, weakening or destroying or seizing the authority
of the State, eliminating fundamental rights and freedoms, or damaging the internal
and external security of the State, public order or general health by means of
pressure, force and violence, terror, intimidation, oppression or threat."
6. United Kingdom
The United Kingdom's Terrorism Act 2000 defined terrorism as follows:
(1) In this Act "terrorism" means the use or threat of action where:
(a) The action falls within subsection (2),
(b) The use or threat is designed to influence the government or to intimidate the
public or a section of the public and
(c) The use or threat is made for the purpose of advancing a political, religious or
ideological cause.
(2) Action falls within this subsection if it:
(a) involves serious violence against a person,
(b) involves serious damage to property,
(c) endangers a person's life, other than that of the person committing the action,
(d) Creates a serious risk to the health or safety of the public or a section of the
public or
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(e) Is designed seriously to interfere with or seriously to disrupt an electronic
system.
The Terrorism Act 2000 defines terrorism so as to include not only violent
offences against persons and physical damage to property, but also acts "designed
seriously to interfere with or to seriously disrupt an electronic system" if those acts
are (a) designed to influence the government or to intimidate the public or a section
of the public, and (b) be done for the purpose of advancing a political, religious or
ideological cause.
Section 34 of the Terrorism Act 2006 amended sections 1(1) (b) and 113(1)(c)
of Terrorism Act 2000 to include "international governmental organizations" in
addition to "government".
United States
U.S. Code (U.S.C.)
Title 22, Chapter 38 of the United States Code (regarding the Department of State)
contains a definition of terrorism in its requirement that annual country reports on
terrorism be submitted by the Secretary of State to Congress every year. It reads:
The term 'terrorism' means premeditated, politically motivated violence perpetrated
against noncombatant targets by sub-national groups or clandestine agents.
Title 18 of the United States Code (regarding criminal acts and criminal procedure)
defines international terrorism as:
(1) The term 'international terrorism' means activities that —
(A) Involve violent acts or acts dangerous to human life that are a violation of
the criminal laws of the United States or of any State, or that would be a criminal
violation if committed within the jurisdiction of the United States or of any State;
(B) Appear to be intended —
(i) To intimidate or coerce a civilian population;
(ii) To influence the policy of a government by intimidation or coercion; or
(iii) To affect the conduct of a government by mass destruction, assassination,
or kidnapping; and
(C) Occur primarily outside the territorial jurisdiction of the United States, or
transcend national boundaries in terms of the means by which they are
accomplished, the persons they appear intended to intimidate or coerce, or the
locale in which their perpetrators operate or seek asylum".
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Commenting on the genesis of this provision, Edward Peck, former U.S. Chief of
Mission in Iraq (under Jimmy Carter) and former ambassador to Mauritania said:
In 1985, when I was the Deputy Director of the Reagan White House Task Force
on Terrorism, [my working group was asked] to come up with a definition of
terrorism that could be used throughout the government. We produced about six,
and each and every case, they were rejected, because careful reading would
indicate that our own country had been involved in some of those activities. After
the task force concluded its work, Congress [passed] U.S. Code Title 18, Section
2331 ... the US definition of terrorism one of the terms, "international terrorism,"
means "activities that," I quote, "appear to be intended to affect the conduct of a
government by mass destruction, assassination or kidnapping." Yes, well,
certainly, you can think of a number of countries that have been involved in such
activities. Ours is one of them. And so, the terrorist, of course, is in the eye of the
beholder.
U.S. Code of Federal Regulations
The U.S. Code of Federal Regulations defines terrorism as "the unlawful use of
force and violence against persons or property to intimidate or coerce a
government, the civilian population, or any segment thereof, in furtherance of
political or social objectives" (28 C.F.R. Section 0.85).
U.S. Department of Defense
The U.S. Department of Defense recently changed its definition of terrorism. Per
Joint Pub 3-07.2, Antiterrorism, (24 November 2010), the Department of Defense
defines it as "the unlawful use of violence or threat of violence to instill fear and
coerce governments or societies. Terrorism is often motivated by religious,
political, or other ideological beliefs and committed in the pursuit of goals that are
usually political."
The new definition distinguishes between motivations for terrorism (religion,
ideology, etc.) and goals of terrorism ("usually political"). This is in contrast to the
previous definition which stated that the goals could be religious in nature.
U.S. Federal Emergency Management Agency
The U.S. Federal Emergency Management Agency (FEMA) contains a definition
of terrorism, which reads:
Terrorism is the use of force or violence against persons or property in violation of
the criminal laws of the United States for purposes of intimidation, coercion,
or ransom. Terrorists often use threats to:
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Create fear among the public.
Try to convince citizens that their government is powerless to prevent
terrorism.
Get immediate publicity for their causes.
The new definition does not require that the act needs to be politically motivated.
The FEMA also said that terrorism "include threats of terrorism; assassinations;
kidnappings; hijackings; bomb scares and bombings; cyber attacks (computer-
based); and the use of chemical, biological, nuclear and radiological weapons" and
also states that "high-risk targets for acts of terrorism include military and civilian
government facilities, international airports, large cities, and high-
profile landmarks. Terrorists might also target large public gatherings, water and
food supplies, utilities, and corporate centers. Further, terrorists are capable of
spreading fear by sending explosives or chemical and biological agents through the
mail."
U.S. National Counterterrorism Center
The U.S. National Counterterrorism Center (NCTC) define terrorism the
same as United States Code 22 USC § 2656f (d)(2). The Center also
defines a terrorist act as a "premeditated; perpetrated by a sub-national or
clandestine agent; politically motivated, potentially including religious,
philosophical, or culturally symbolic motivations; violent; and
perpetrated against a non-combatant target."
U.S. national security strategy
In September 2002, the U.S. national security strategy defined terrorism
as "premeditated, politically motivated violence against innocents."This
definition did not exclude actions by the United States government and it
was qualified some months later with "premeditated, politically
motivated violence against noncombatant targets by sub national groups
or clandestine agents".
USA PATRIOT Act of 2001
The USA PATRIOT Act of 2001 defines domestic terrorism as
"activities that (A) involve acts dangerous to human life that are a
violation of the criminal laws of the U.S. or of any state; (B) appear to be
intended (i) to intimidate or coerce a civilian population; (ii) to influence
the policy of a government by intimidation or coercion; or (iii) to affect
the conduct of a government by mass destruction, assassination, or
kidnapping; and (C) occur primarily within the territorial jurisdiction of
the U.S."
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Terrorism Risk Insurance Act
Section 102(1)(a) of the Terrorism Risk Insurance Act contains a
definition of terrorism in order for insurance companies to provide
coverage to all prospective policy holders at time of purchase and to all
current policyholders at renewal and requires that the federal
government pay 90 percent of covered terrorism losses exceeding the
statutorily established deductible paid by the insurance company
providing the coverage. It reads:
(1) ACT OF TERRORISM-
(A) CERTIFICATION- The term 'act of terrorism' means any act that is
certified by the Secretary [of Treasury], in concurrence with the Secretary of
State, and the Attorney General of the United States--
(i) To be an act of terrorism;
(ii) To be a violent act or an act that is dangerous to--
(I) human life;
(II) Property; or
(III) Infrastructure;
(iii) To have resulted in damage within the United States, or outside of the
United States in the case of--
(I) an air carrier or vessel described in paragraph
(5)(B); or
(II) The premises of a United States mission; and
(iv) to have been committed by an individual or individuals as part of an
effort to coerce the civilian population of the United States or to influence
the policy or affect the conduct of the United States Government by
coercion.
(B)Write about the characteristics of terrorism?
Ans: - The characteristics of terrorism are as follows:-
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1. It is an destructive action against the state or community:- This means
terrorism is an action against the people of the state or against the people
of a particular community with the motive of creating a huge loss both
monetarily and physically to the common masses.
2. It has a political purpose:-This statement itself clearly explains that
terrorism is also used as a weapon to get political benefits.
3. It is illegal and unlawful.
4. It aims at intimidating and creating impact of fear and panic not only for
the victim but also for the people at large, caused for the purpose of
coercing or subduing.
5. It is accompanied by a feeling of impotence and helplessness on the part
of the masses.
6. It stops rational thinking.
7. It leads to reaction of fight or flight.
8. It contains arbitrariness in violence as victim’s selection is random or
indiscriminate.
Part –B
Q2. Write about the types of terrorism?
1. State Terrorism
State terrorism is the systematic use of terror by a government in order to control
its population. Not to be confused with state sponsored terrorism, where states
sponsored terrorist groups’ state terrorism is entirely carried out by the group
holding power in a country and not a non-governmental organization. It is the
original form of terrorism. The 1793 French Revolution and the thousands of
executions that resulted are often cited as the first instance of state terrorism,
though rulers have plausibly been using it for centuries to control their subjects.
Examples: The afore mentioned French Revolution is the most prominent
example; however state terrorism is wide spread. Just about every dictator in
history has arguably utilized state terrorism as a way of controlling his or her
populations. For more contemporary examples one could look to the use of
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violence by Saddam Hussein against the Kurds or even the suppression of
democratic protestors in Syria.
2. Religious Terrorism
Terrorism can be motivated by religious ideologies and grievances. Religious
terrorism is particularly dangerous due to the fanaticism of those who practice it
and their willingness to sacrifice themselves for the cause. Religious terrorists are
more likely to use “all in” tactics such as suicide bombings. This is made possible
by religious teachings used to justify and even encourage this kind of self-
sacrifices.
Examples: Al-Qaeda is perhaps the most prominent example of a group that can
be characterized as religious terrorists. As well religious terrorism has a long
history from Catholic-Protestant violence in Ireland to Muslim-Hindu tensions in
Pakistan and India.
3. Right Wing Terrorism
This type of terrorism aims to combat liberal governments and preserve traditional
social orders. Right Wing terrorism is commonly characterized by militias and
gangs; many times these groups are racially motivated and aim to marginalize
minorities within a state.
Examples: Modern right wing terrorist groups include the Klu Klux Klan and
Neo-Fascists. Many such groups are present not only in the U.S. but also in
Germany, Russia, and others.
4. Left Wing Terrorism
These groups seek to overthrow capitalist democracies and establish socialist or
communist governments in their place. They want to attack the established system
in order to do away with class distinction. While these groups still exist they are
not as prominent as they were during the Cold War.
Examples: The Revolutionary People’s Liberation Party-Front in Turkey,
Revolutionary Organization 17 November in Greece, and The Revolutionary
Armed Forces of Columbia (FARC) are all current examples of left wing terrorist
groups.
5. Pathological Terrorism
This describes the use of terrorism by individuals who utilize such strategies for
the sheer joy of terrorizing others. Pathological terrorists often operate alone rather
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in groups like the others on this list and often are not true ‘terrorists’ as they lack
any well-defined political motive.
Examples: Pathological terrorism is most commonly seen in school shootings and
serial killing scenarios. The shootings at Columbine High School and of
Congresswoman Gabby Gifford’s all serve as examples of pathological terrorism
since those who carried them out sought to use violence to terrorize for their own
pleasure.
6. Issue Oriented Terrorism
This type of terrorism is carried out for the purpose of advancing a specific issue.
Commonly these issues are social in nature or deal with the environment. Here this
definition is used to include environmental terrorism.
Examples: The bombings of abortion clinics and the assault of whaling ships are
the best examples of issue-oriented terrorism. Perhaps the best documented
example of an eco terrorism group is the Environmental Liberation Front (ELF)
due to their attacks on ski resorts and logging operations.
7. Separatist Terrorism
Separatists seek to cause fragmentation within a country and establishment of a
new state. This type of terrorism is typical of minorities within a nation-state that
desire their own, commonly due to discrimination from the majority group.
Examples: The most prominent examples are the ETA Basque separatists in
Spain, the Chechen terrorists in Chechnya, the Tamil Tigers in Sri Lanka, the
Kurdish PKK in Turkey, and the Quebec Liberation Front in Canada.
8. Narco-Terrorism
This term originally refers to organizations that gain funds through the sale of
drugs. It can also deal with the use of violence by those groups or gangs designed
to make the sale of their drugs easier.
Examples: The cartels in Mexico have carried out beheadings, mass burials, and
other severe acts of violence. Many times this violence is carried out to intimidate
populations into not cooperating with authorities. Pablo Escobar also enacted the
assassinations of Colombian politicians during the height of his power in order to
intimidate the government into not interfering with his drug trafficking activity.
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Conclusion:-
There is no universal agreement on the definition of terrorism, but with this
statement I would like to add one more word that is ‘Why’ and thus making this
statement a question that is Why there is no universal agreement on the definition
of terrorism or more precisely why universally there is no one definition to define
terrorism. So this question which each one of us need to ask ourselves. This can be
because of a numerous number of reasons but according to me the main reason is
that most of the countries of the world who talk about eradicating terrorism from
the society are themselves the one who carve the path for prevalence of terrorism
in the society. To support this view I would like to state an example that is of the
United States of America popularly known as U.S.A. At world level or at global
level United States talks about eradicating terrorism from the society but aren’t
they are the one who are creating this unrest globally or to precisely say spreading
terrorism. Like can U.S government ever justify why they had bombed at
Hiroshima and Nagasaki on the morning of 6th August 1945 leaving behind
blackened, bloodied skinless masses of corpses which were floating in the macabre
positions. So don’t you think that this action of U.S government may somewhere
lead to the birth of agony, anger, suppression, feeling of being tortured among the
Japanese people which may in turn create a feeling of revenge among them which
in turn may provoke the Japanese to take revenge against their injustices and using
terrorism as one such weapon in fulfilling their desire of revenge. Most of the
countries have given different definitions of terrorism like Pakistan, Iraq, Syria etc.
but the world thinks they are the sole reason behind the terrorism. Terrorism will
not stop by giving definitions and by talking, all the countries should take some
initiatives unitly. All the countries should put some efforts to stop it. The whole
world has suffered due to terrorism so it’s the same problem of all countries.
BIBIOGRAPHY
VARIOUS NEWSPAPERS
THE PSYCHOLOGY OF TERRORISM WRITTEN BY JOHN HORGAN
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WIKIPEDIA
QUARA
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