1

TAMIL NADU NATIONAL LAW UNIVERSITY

(A University established by Act No. 9 of 2012)
Navalurkuttappattu, Srirangam Taluk,
Tiruchirappalli- 620009, Tamil Nadu.

SUBJECT-
TERRORISM LAWS IN DEVELOPED & DEVELOPING
COUNTRIES

Submitted by

Sonali Priyadarsani(BA0190048)

Name of the Guide

Dr. SAKHAMARI SUBBA RAO

Professor, Political Science
 2

DECLARATION
I, Sonali Priyadarsani, Register Number- BA0190048 do hereby declare that the
project entitled “Terrorism Laws in Developed & Developing Countries” has been
originally carried out by me under the guidance and supervision of Dr. Sakhamari Subba Rao,
Professor, Political Science, Tamil Nadu National Law University. This work has not been
submitted either in whole or in part of any Degree/Diploma at any University

Counter Signed Signature of the Candidate

Project Guide
 3

ACKNOWLEDGEMENT

We have put in the fullest efforts to complete this project. It would not have been possible
without the generous help and support of many people. We would like to extend our heartfelt
gratitude to each and every one of them. We are extremely obligated to TNNLU for their
guidance and their support in effecting the project. We would like to express our appreciation
to Prof Dr. Subba Rao for his inspiration which assisted us in finalizing the project. Our
sincere thanks and obligations also go to our friends and classmates in making this project a
reality and people who have willingly helped us out with all their capacities.
 4

CONTENT

Title Page

Introduction 3

“Anti-Terror Measures by different Countries 5

(1) United States of America
(2) United Kingdom
(3) Israel
(4) India”
“The United Nations & Global Counter-Terrorism Strategy” 7

“International Conventions & Protocols” 8

“Counter-Terrorism & its Possible Impact on Human Rights & 8

International Humanitarian Law”
“Globalization’s Contribution to the Threat of Terrorism” 10

Conclusion

Bibliography

References

INTRODUCTION
 5

It is widely understood that terrorism refers to “acts of violence that target citizens in the
service of political or theological objectives”. It is broadly perceived that illegal intimidation
or terrorism alludes to demonstrations of brutality that target residents in the administration
of political or religious goals. In administrative language, albeit a comprehensive worldwide
network still can't seem to be executed, portrayal of illegal intimidation, existing cases, goals
and general assertions 'Sectoral' deals identifying with specific parts of these arrangements
depict such activities and settlements. The General Assembly's Declaration on Measures to
Eliminate International Terrorism in 1994 states that “terrorism oppression includes criminal
activities arranged or intended to incite a condition of dread inside everybody, a gathering of
people or a one of a kind gathering of people or people for political reasons "and that" under
all cases such activities are outlandish, whatever the political and good contemplations,
philosophical, racial , ethnic , strict or different qualities which might be conjured so as to
clarify them.1 After ten years, in its Resolution 1566 (2004), the Security Council alluded to
illegal intimidation or terrorism as criminal acts carried out with the point, including against
regular people, to make passing or genuine injury to the body or to take prisoners, with the
objective of causing a condition of fear in the overall population or in a gathering of people
or genuine people, undermine or power a populace or a nation or a worldwide body to do or
to go without doing some demonstration. Soon thereafter, the High-level Subcommittee of
the Secretary-General on Threats, Challenges and Change described psychological
oppression & terrorism as any activity that is expected to make passing or genuine real
damage to the regular people or non-warriors when the object of such a demonstration, by its
plan or significance, is scaring a network or constraining a nation or an unfamiliar
government or an office to do or forgo or refrain itself from doing something during a
terroristic demonstration.”2

In the fight against terrorism, there is an increasing significant body of law that is generally
relevant. International law provides a structure within which national counter-terrorism
operations are carried out and encourages States to collaborate efficiently with each other in
the prevention and fight against terrorism.3 This system requires, in addition to other
international instruments established for international collaboration in criminal law, the
protection of human rights, or refugees, instruments addressing particular aspects of counter-
1
“Seung-Whan Choi, Terrorism through the Rule of Law?, 54(6) THE JOURNAL OF CONFLICT RESOLUTION 940-
966 (2010).”
2
“Nuno Garoupa, Jonathan Klick and Francesco Parisi, A Law and Economics Perspective on Terrorism, 128(1)
JOURNAL OF PUBLIC CHOICE 147-168 (2006).”
3
“Charles Tilly, Terror, Terrorism, Terrorists, 22(1) SOCIOLOGICAL THEORY 5-13 (2004).”
 6

terrorism and foundation of war laws that includes the wider context in which counter-
terrorism operations take place.4

The accompanying sections will assemble the essential standards of global criminal law , worldwide
commitment”in criminal issues, international humanitarian law, refugee law and human rights law so
as to give the reader a wide comprehension of the obligations of the State under global law that must
be considered in the battle against terrorism warfare. No field of international law is totally free of the
extensive setting, as will be found in the paper. In proceedings under international criminal law,
international human rights standards relating to fair trial apply and developments in
international criminal law affect the establishment of those same fair trial standards
international law covering human rights. Both international human rights law and refugee law
will need to be taken into account in the extradition decisions. The intention of this paper is to
highlight the fields of international law that are most relevant and to give a fundamental
insight into the ways in which various aspects of international law interact in the context of
counter-terrorism.5”

By and large, international law imposes obligations and responsibilities on states when it
comes to their relations with different States and with international associations. In reference
to their relations with individuals, international human rights law, refugee law and
humanitarian law also place obligations and responsibilities on states. While the
establishment of international criminal law requires people to be held personally accountable
for serious international crimes such as war crimes and crimes against humanity. The
fundamental focus of this paper will be on States' international lawful obligations and
responsibilities in the fight against terrorism warfare.6

AIMS & OBJECTIVES

 To examine the terrorism laws prevailing in some of the developing & developed
countries all around the world.
 To research and analyze the anti-terrorism measures of different countries & how they
tackled terrorism in their own arena.
 To describe the contribution of Globalization to the threat of Terrorism & how it can
combat Terrorism.

4
“John F. Murphy, The Impact of Terrorism on Globalization & Vice-Versa, 36(1) THE INTERNATIONAL
LAWYER 77-89 (2002).”
5
“Martha Crenshaw, The Causes of Terrorism, 13(4) COMPARATIVE POLITICS 379-399 (1981).”
6
“Anne Rathbone & Charles K. Rowley, Terrorism, 111(1) PUBLIC CHOICE 9-18 (2002).”
 7

 To understand the relevant articles of International Convention for the Suppression of the
Financing of Terrorism.
 To research on the key United Nations Institutions active in the field of counter-terrorism.
 To examine the principles of international humanitarian law which are relevant in relation
to countering terrorism.

1. ANTI-TERROR MEASURES BY DIFFERENT COUNTRIES

 8

The attacks of September 11 , 2001 in the U.S. led policymakers to re-examine their capacity
to efficiently identify and prosecute terrorist acts. The USA Patriot Act was the primary
outcome of this endeavor. A number of other nations, which had their own encounters with
terrorism, also had anti-terror laws in effect. Follows a brief overview of a variety of different
countries' responses to terrorism, highlighting information that contribute to the discussions
above. Specifically, we analyze how anti-terrorism laws integrate the elements discussed
above such as “(i) enhancement of the penalties for terrorist offences or with terrorist intent
(severity and likelihood of punishment); (ii) special protections against organized terrorism
crime and supporting organizations, in particular cutting off their funds from terrorists; (iii)
special provisions against organized terrorism crime and supporting organizations; provisions
relating to voluntary surrender(to make it more difficult for cooperation in crime).”7

UNITED STATES OF AMERICA

 Enhancement of disciplines for fear based oppressor wrongdoings or vicious intentions-

The Patriot Act additionally incorporates arrangements which, under certain conditions,
increment the most extreme term of detainment for psychological militant exercises or
violent terrorist activities to life in jail. Moreover, for non-life terms, the Act takes into
consideration a post-discharge oversight period that can stretch out for the rest of the life
of the person.
 Specific laws/arrangements to counter associations or composed people in fear based
oppressor tasks- The Patriot Act accommodates government indictment of any individual
who harbors or disguises or offers any material help to a person who has or is going to
commit a psychological militant movement or terrorist attack he knows or has motivation
to know. These activities can be rebuffed with the fines and detainment, with the
sentence, in certain occasions, expanded to life in jail for the individuals who furnish a
fear based oppressor with material help. It additionally accommodates the loss of any
resources held by an individual or association executing or intending to execute any
demonstration of illegal intimidation or any act of terrorism.
 The Patriot Act gives the Attorney General the duty to hold in custody any alien
suspected of being involved in terrorist activities until the alien can be removed from the
United States.8

7
“ANNA SROKA, FANNY CASTRO RIAL, TORRES KUMBRIAN, RADICALISM & TERRORISM IN THE 21ST CENTURY:
IMPLICATIONS FOR SECURITY, (Peter Lang AG Publishing, 2017).”
8
“Igor Primoratz, What is Terrorism, 7(2) JOURNAL OF APPLIED PHILOSOPHY 129-138 (1990).”
 9

UNITED KINGDOM

 Much of the counter-terrorism enactment in the UK originates from the Irish Republican
Army's troubles. In the wake of the September 11 assaults, notwithstanding, everyone’s
focus turned to the involvement of outside nationals who, while living in the United
Kingdom, might be occupied with global illegal intimidation.9
 Enhancement of disciplines for terrorist crimes or violations or criminal intentions- It is
conceivable to sentence people blamed for partaking in psychological militant acts to life
in prison. Likewise, the Terrorism Act 2000 (TACT) has set up extra criminal offenses
for anyone who finds terrorist militant exercises, offers fear monger guidance or gives
preparing in the utilization of guns, explosives or synthetic , natural or atomic weapons.
The Act likewise considers the capture of any cash or resources claimed by an individual
who abuses against illegal intimidation laws if the cash or resources were to be utilized to
encourage fear based oppressor acts. 10
 Special laws/arrangements for dealing with gatherings or organized groups associated
with terrorist oppressor acts-The Prevention of Terrorism Act of the United Kingdom
(first established in 1974) adequately permits the Government of the United Kingdom to
announce illicit those associations blamed for partaking in fear monger exercises,
implying that inclusion in those associations is an offense for which anybody might be
arraigned. Fines and sentences for detainment may likewise be forced if a man is found to
have given budgetary guide to a restricted gathering. The new arrangements for limiting
the danger of psychological oppressors bringing in cash through composed wrongdoing
and disturbing fear monger supporting monetary exercises have been presented by the
Proceeds Crime Act 2002.
 Specific Concerns Surrounding the Provision of Terrorist Information Activities-
Individuals who sensibly presume that somebody is associated with or has occupied with
a terrorism militant offense, yet don't report this doubt to law implementation authorities,
might be fined or detained under the Terrorism Act 2000 (TACT).
 The United Kingdom passed the Anti-Terrorism Crime and Protection Act (ATCSA) in
the consequence of the September 11 assaults in the United States, which allowed the
confinement of far off nationals who were associated however not indicted with support

9
“Sanjay Gupta, The Changing Dimensions of International Terrorism and the Role of the UK: A Comparative
& Multilateral Approach to Combat Global Terrorism, 65(4) THE INDIAN JOURNAL OF POLITICAL SCIENCE 556-
587 (2004).”
10
“The Terrorism Act 2000 (TACT), 2001.”
 10

in worldwide illegal intimidation yet couldn't be eliminated on the grounds that they were
confronting the danger of torment or insensitive treatment in their nation of origin. The
British Government has proposed more legitimate changes following fear monger assaults
in London (July 7 and 21, 2005) to furnish the police with adequate and more solid
apparatuses (which may incorporate admittance to email and cell phone calls without
earlier legal control) and stricter migration laws (counting the removal of revolutionary
priests).

ISRAEL

 Anti-terrorism laws have been enacted in Israel since 1948. The nation has been
associated with global counter-illegal intimidation endeavors lately, ordering a law in
1994 approving authorities in the nation to seize property in Israel having a place with
any individual or gathering proclaimed to be associated with fear monger exercises by
another nation, regardless of whether or not those exercises were not coordinated toward
Israel.
 Penalty improvement for terrorism wrongdoings or with illegal intimidation aim- Any
individual engaged with sorting out, executing, or straightforwardly supporting a fear
based oppressor gathering or activity might be detained for as long as 20 years under the
1948 resolution. Also, under the 1994 Act, it is illicit to pay any remuneration or help to
the groups of suicide bombers, hijacked planes or those engaged with fear based
oppressor acts.
 Special enactment/arrangements to handle gathering or organized groups in terrorist
militant exercises- Indirect help to fear based oppressor gatherings, for example,
arrangement of assets, empowering the gathering to utilize its home for social events,
distributing or broadcasting of expressions of appreciation, compassion or consolation of
fear based oppressor acts, and requesting financing for psychological oppressor exercises
and terrorism acts, is deserving of detainment and fines.11
 Additional viewpoints- The Israeli government keeps up the ability to wreck any genuine
property possessed by individuals from the psychological militant's family unit in the
result of the British mandatory guideline, probably raising the inspiration for family
members to track and report the activities of expected fear based oppressors. Strikingly,

“Igor Primoratz, Terrorism in the Israeli Conflict: A Case Study in Applied Ethics, 55(3) THE JERUSALEM
11

PHILOSOPHICAL QUARTERLY 27-48 (2006).”

 11

this insurance discipline might be exacted at the degree of the town in the first British
principle, yet current Israeli practice confines the discipline just to close relatives.12

INDIA

 India has had and keeps on having an authentic range of draconian laws that are
supposedly pointed toward forestalling terroristic warfare however are utilized to abuse
common liberties successfully by state operators. The “Maintenance of Internal Security
Act (MISA), the Terrorist and Disruptive Activities (Prevention) Act (TADA), the
Terrorism Prevention Act (POTA), the Troubled Areas Act (DAA) and the Special
Powers Act of the Armed Forces (AFSPA), the Assam Preventive Detention Act, the
National Security Act, the Essential Services Maintenance Act and the Special Powers
Activities of the Armed Forces (Jammu and Kashmir).” Although these laws are upheld
across India, in places where people have fought against these laws, they have the most
regrettable effect on the basic liberties of minorities and underestimated networks.13
 Terrorist and Destructive Activities (Prevention) Act 1985 (TADA):0TADA, which was
in power until 1995 and whose remains stay in effect, has set up various new,
considerable, usually appropriate violations identified with terroristic warfare that could
be indicted by state governments all through the country with no assignment by the
central government that the area where the wrongdoing occurred was "fear based
oppressor influenced."
 Prevention of Terrorism Act (POTA) of 2002 and Unlawful Activities Prevention Act
(UAPA):0The Prevention of Terrorism Act (POTA) of 2002 was supplanted by TADA.
POTA had an assortment of TADA parts that were dubious. The legislature revoked the
Prevention of Terrorism Act (POTA) in 2004 and supplanted it with the improved
Unlawful Activities Prevention Act (UAPA) of 1967.14
2. THE UNITED NATIONS & GLOBAL COUNTER-TERRORISM
STRATEGY
Adopted in the form of a General Assembly resolution and an annexed Plan of Action,
The United Nations Global Anti-Terrorism Strategy is a particular worldwide instrument

12
“Jacob Shamir & Khalil Shikaki, Self-Serving Perceptions of Terrorism among Israelis & Palestinians, 23(3)
POLITICAL PSYCHOLOGY 537-557 (2002).”
13
“G. Haragopal & B. Jagannatham, Terrorism and Human Rights: Indian Experience with Repressive Laws,
44(1) ECONOMICS & POLITICAL WEEKLY 76-85 (2009).”
14
“Murlidhar C. Bhandare, Terrorism and the Rule of Law: An Indian Perspective, 37(1) PEACE RESEARCH 31-
35 (2005).”
 12

pointed toward improving public, provincial and global endeavors to counter illegal
intimidation or terrorism. This is the first occasion when all Member States have
concurred on a solitary vital way to deal with countering terrorism by consenting to make
practical move to dodge and battle it separately and mutually.15
It consists of four pillars:
 Actions to address the circumstances conducive to the spread of terrorism
 Steps for preventing and combating terrorism
 Measures to develop the capacity of the States to deter and fight terrorism and to
reinforce the role of the United Nations framework in this region.0
 Measures to ensure that human rights for all and the rule of law are upheld as the basic
basis for fighting terrorism.160
2.1 The United Nations institutions active in the field of counter-terrorism
 The General Assembly- In making a global lawful structure that encourages collaboration
against terrorism, the General Assembly assumes a significant part in empowering
governments to cooperate and work together in order to counter this peril. In 1994, the
General Assembly reaffirmed that terrorism & oppressor acts are illicit and unjustifiable
in every situation and by whomever they are committed. Furthermore, it was reported
that: "Criminal acts designed or calculated to cause a state of terror in the general public,
a group of persons or specific persons for political purposes are unjustifiable in any
situation, regardless of the political considerations" , the General Assembly has so far
been at the forefront of the controversy.17A consensus on the concept of terrorism could
not be achieved because there was no consensus on the nature of the application. The
General Assembly Committees dealing with terrorism are:
 Third Committee( Social, Humanitarian & Cultural Committee)-0A significant part
of the work of the Committee focuses on the study of human rights issues. It also
addresses crime prevention and criminal justice issues and deals with terrorism from
the viewpoint of crime prevention and criminal justice.18

15
“Sashi Shukla, Emerging New Trends of Terrorism: Challenges before the United Nations, 67(1) THE INDIAN
JOURNAL OF POLITICAL SCIENCE 165-176 (2006).”
16
“Tyler Cowen, Terrorism as Theater: Analysis & Policy Implications, 128(1) PUBLIC CHOICE 233-244(2006).”
17
“Christopher C. Joyner, The United Nations & Terrorism: Rethinking Legal Tensions Between National
Security, Human Rights, and Civil Liberties, 5(3) INTERNATIONAL STUDIES PERSPECTIVES 240-257 (2004).”
18
“Rosemary Foot, The United Nations, Counter Terrorism and Human Rights: Institutional Adaptation and
Embedded Ideas, 29(2) HUMAN RIGHTS QUARTERLY 489-514 (2007).”
 13

 Sixth Committee19- The consideration of legal matters is delegated to the Sixth

Committee. In 1994, it adopted the landmark Declaration on International Terrorism
Elimination Initiatives, which described terrorism as "criminal acts" that are
unjustifiable "wherever and by whomever it is committed."20
 Ad Hoc Committee established by General Assembly resolution 51/210 21- In
Resolution 51/210 of 17 December 1996, the Ad Hoc Committee was established by
the General Assembly and was required to draw up the International Convention for
the “Suppression of Terrorist Bombings and, subsequently, the International
Convention for the Suppression of the Funding of Terrorism, as well as the
International Convention for the Suppression of Nuclear Terrorism”.22
 The Security Council- Three advisory groups were additionally settled by the Security
Council with the assignment of observing the usage of explicit goals on illegal
intimidation. The enrollment of the boards of trustees comprises of each of the 15
individuals from the Security Council. The Al-Qaida and Taliban Sanctions Committee,
the Counter-Terrorism Committee ('CTC') and the 1540 Committee are the three auxiliary
bodies set up by the Security Council to manage terroristic warfare related issues. The
United Nations Security Council received resolution 1373 (2001) in the wake of the
terrorism oppressor assaults of 11 September 2001. The Security Council reaffirmed in its
goal that, similar to any demonstration of global illegal intimidation, these assaults
comprise a danger to worldwide harmony and security. It likewise reaffirmed the inborn
right as recognized by the Charter of the United Nations to individual or aggregate self-
protection. Embraced according to “Chapter VII of the Charter of the United Nations,
Resolution 1373 (2001)” obliges Member States, specifically, to forestall and stifle the
financing of demonstrations of illegal intimidation and to condemn the financing of
psychological warfare; to freeze fear based oppressor assets immediately; to avoid giving
any type of help to people or substances engaged with demonstrations of psychological
oppression; to smother the enrollment of individuals from the region; forestall the
utilization of their separate regions by the individuals who store, get ready, empower or
carry out fear monger acts; guarantee that any individual who takes part in the
19
“General Assembly resolution 49/60 of 9 December 1994, Declaration on Measures to Eliminate International
Terrorism, A/RES/49/60.”
20
“Kendall W. Stile & Adam Thayne, Compliance with International Law: International Law on Terrorism at
the United Nations, 41(2) COOPERATION AND CONFLICT 153-176 (2006).”
21
“C.S.R Murthy, The UN Counter Terrorism Committee: An Institutional Analysis, 2(1) JAHRBUCH
TERRORISMUS 217-238 (2008).”
22
“Monika Heupel, Adapting to Transnational Terrorism: The UN Security Council’s Evolving Approach to
Terrorism, 38(4) SECURITY DIALOGUE 477-499 (2007).”
 14

subsidizing, getting ready, arrangement or execution of psychological militant acts or on

the side of terrorist militant acts is dealt with; give each other the best proportion of help
with connection to criminal examinations or criminal procedures; development by
effective fringe controls and controls of the issuance of personality papers and travel
records of fear monger association or terror activities-related gatherings.23
 Counter-Terrorism Implementation Task Force(CTITF)- The CTITF, chaired by the
Secretary-General 's Office, is made up of 24 members from different departments of the
United Nations, specialist organizations, funds and programs, and other bodies, such as
the “International Criminal Police Organization (Interpol” Nations Global Counter-
Terrorism Strategy”, the Task Force has increasingly incorporated operational work in
specialized substantive fields in addition to its policy work. In order to encourage these
procedures, the Task Force has created many working groups discussing issues such as:
 Financing of terrorism;
 Human Rights ;
 Integrated deployment ;
 Radicalization and terrorism-conducing extremism;
 Internet use for terrorist purposes;
 Terrorist victims;
 Vulnerable targets.24
 Terrorism Prevention Branch- One of the main providers of counter-terrorism technical
assistance in legal and related areas is the “Terrorism Prevention Branch (TPB) of the
Vienna-based United Nations Office on Drugs and Crime (UNODC)”. Its specialized
programs for improving the anti-terrorism legal regime respond to a range of particular
mandates.25
3. INTERNATIONAL CONVENTIONS AND PROTOCOLS

There is a collection of international conventions and guidelines, currently sixteen,

specifically related to the prevention and elimination of terrorism. Instead of discussing the
more general definition of "terrorism" as such, they all deal with particular criminal activities.
With a standard format, most are penal in nature. The equipment, typically:
23
“Curtis A. Ward, Building Capacity to Combat International Terrorism: The Role of the United Nations
Security Council, 8(2) JOURNAL OF CONFLICT & SECURITY LAW 289-305 (2003).”
24
“Luis Miguel Hinojosa Martinez, The Legislative Role of the Security Council in its Fight against Terrorism:
Legal, Political and Practical Limits, 57(2) THE INTERNATIONAL AND COMPARATIVE LAW QUARTERLY 333-
359 (2008).”
25
“Jane E. Stromseth, The Security Council’s Counter-Terrorism Role: Continuity and Innovation, 97(2)
PROCEEDINGS OF THE ANNUAL MEETING(AMERICAN SOCIETY OF INTERNATIONAL LAW) 41-45 (2003).”
 15

 Defines a specific form of terrorist violence under the Convention as an offence;

 Require State Parties to penalize, in their domestic law, the activity;
 Identify certain bases on which it is appropriate for the parties responsible to assert
jurisdiction over the specified crime;
 Create a0duty on the State in which the suspect is found to have jurisdiction over the
offence of the Convention and to refer the offence to prosecution if the Party does not
extradite the offence under other provisions of the Convention. This last aspect is
generally known as the aut dedere aut judicare principle.26

These international conventions and protocols are binding on the parties to the States. It is
important that States become parties to those instruments and criminalize the offences in
question in accordance with their domestic law, exercise effective jurisdiction over offenders
under the conditions prescribed, and provide for mechanisms of international cooperation to
allow States Parties to prosecute or extradite the alleged offender. Providing below, a
snapshot of the two most important and recent protocols.270

 1999 International Convention to Abolish the Funding of Terrorism (Terrorist Funding

Convention) (deposited with the United Nations Secretary-General)- Requires parties to
take action to avoid and combat the funding of terrorists, whether direct or indirect;
commits States to hold civilly or administratively liable legal persons funding terrorism
and persons criminally liable for such acts; extends criminal liability, including to entities,
civil and administrative liability, to legal persons; and allows for the registration,
registration and identification of legal persons; Bank confidentiality is no longer a valid
excuse for refusing to cooperate.
 2005 International Convention to Abolish Nuclear Actions Terrorism (Convention on
Nuclear Terrorism) (deposited with the Secretary General of the United Nations)- It
includes a wide range of actions and potential goals, including nuclear power plants and
nuclear reactors; tackles both crisis situations (assisting States in the resolution of the
situation) and post-crisis situations (making nuclear material secure through the
International Atomic Energy Agency ( IAEA).
4. COUNTER-TERRORISM & ITS POSSIBLE IMPACT ON HUMAN
RIGHTS & INTERNATIONAL HUMANITARIAN LAW
26
“L.F.E Goldie, Combating International Terrorism: The United Nations Developments, 31(3) Naval War
COLLEGE REVIEW 49-60 (1979).”
27
“Gilbert Guillaume, Terrorism and International Law, 53(3) THE INTERNATIONAL & COMPARATIVE LAW
QUARTERLY 537-548 (2004).”
 16

Article 33 of the Fourth Geneva Convention states that "collective sanctions and likewise all
steps of coercion or terrorism are forbidden" while Article 4 of Additional Protocol II forbids
"acts of terrorism" against individuals who are not or are no longer involved in hostilities.
The key goal is to stress that neither individuals nor citizens can be subjected to collective
punishment, which, among other things,0directly leads to a state of terror. The two
Supplementary Protocols to the Geneva Conventions both forbid actions aimed at spreading
fear among civilians. Civilians, as such, and individual civilians, shall not be the target of an
attack.0Acts or threats of violence are forbidden for the primary purpose of spreading fear
among the civilian population “(AP I, Article 51(2) and AP II, Article 13(2))”. These
provisions are a central element of the principles of international humanitarian law regulating
the conduct of hostilities, that is, the conduct of military operations. They forbid acts of
aggression which do not have a definite military advantage during an armed conflict. It
should be noted that even a legitimate assault on military targets will spread fear among
civilians. These laws, however, forbid attacks aimed directly at terrorizing civilians, such as
campaigns to shell or snip civilians in urban areas.28

Counter-terrorism in a wide number of forms may have an impact on human rights. Human
rights are likely to be involved in the fight against terrorism at all levels, including the
following examples:

 Criminalization- It is important for states to ensure that the concept of legality is followed
in legislating. There have been concerns that excessively vague concepts of 'terrorism'
may contribute to the criminalization of legal activities such as legal demonstrations and
expressions of opinion that do not cause violence, while unpalatable.29
 Prosecutions- Terrorism cases can be highly complicated, sensitive and vulnerable to
security issues. In spite of the challenges inherent in the prosecution of criminal offences,
the right to a fair trial in cases involving terrorism must be ensured. In terrorist cases,
miscarriages of justice not only lead to abuses of individual rights, but also to immunity
among those directly responsible among acts of terrorism.
 Prevention- Counter-terrorism operations aimed at detecting, disrupting and preventing
terrorist attacks can include approaches that conflict with the right to privacy. For these
types of operations, a regulatory structure is required to ensure that they are proportionate
to their goals. Of special concern is the use of force by law enforcement officers to deter
28
“P. W. Puroshotham, M. Veera Prasad, Addressing Frontier Terrorism- India needs Global Counter Terrorism
Strategy, 70(2) THE INDIAN JOURNAL OF POLITICAL SCIENCE 553-568 (2009).”
29
“Martin Hughes, Terrorism and National Security, 57(219) PHILOSOPHY 5-25 (1982).”
 17

an imminent terrorist attack. For the use of force in the sense of counter-terrorism,
specific guidelines need to be in place. Accountability for the unlawful use of force
should be guaranteed by means of the development of processes for autonomous and
successful grievances.30

The international community has committed itself to taking steps that ensures that the human
rights of all and the rule of law are respected as the very foundation of the fight against
terrorism, through the adoption of the “Global Counter-Terrorism Strategy of the United
Nations by General Assembly in its Resolution 60/288”. Member States have resolved to take
over the measures to remedy the circumstances conducive to the proliferation of terrorism,
including the lack of the rule of law and human rights abuses, and ensure compliance with
any action taken to counter terrorism, their international law obligations, notably human
rights law, refugee Law and Humanitarian International law. In addition to the States' general
duty to act within the scope of human rights, It should be remembered at all times in the
context that the universal counter-terrorism treaties specifically include compliance with
different aspects of human rights law. For example, this is demonstrated in the sense of the
International Convention for the Prevention of the Funding of Terrorism. Article 15
(expressly authorizing States to deny extradition or legal assistance if there are significant
reasons for thinking that extradition or legal assistance is refused by the requesting States) on
forbidden grounds of discrimination, the state intends to prosecute or punish an individual);
Article 17 (requiring “equal treatment” of any person taken into custody, including the
enjoyment of all rights and guarantees under applicable international human rights law); and
Article 21 (a catchall provision which makes it clear that other rights, obligations and
responsibilities of States are not affected by the Convention).31

5. GLOBALIZATION’S CONTRIBUTION TO THE THREAT OF

TERRORISM

The overall development of the al Qaeda organization, professed to work in excess of sixty
countries, is maybe the most conspicuous case of social globalization resulting in fear based
oppressor military and terroristic globalization. Such international relationship networks
incorporated a combination of private companies, corporate shells and noble cause that are
composed like a monetary archipelago with terroristic joins hid underneath the surface. Mr.
30
“David Boyns & James David Ballard, Developing a Sociological Theory for the Empirical Understanding of
Terrorism, 35(2) THE AMERICAN SOCIOLOGIST 5-25 (2004).”
31
“Jack P. Gibbs, Coceptualization of Terrorism, 54(3) AMERICAN SOCIOLOGICAL REVIEW 329-340 (1989).”
 18

Osama Bin Laden embraced the privatization of fear, at a period when state uphold for illegal
intimidation and terrorism was in decrease thus, building up an organization that is
significantly more diffused than any past one. Notwithstanding subsidizing its activities, this
diffuse organization has from numerous points of view been helpful to al Qaeda. Specifically,
it has created a huge populace of individuals who, while not ready to take an interest in
psychological militant and terrorism activities themselves, have a profound proclivity for the
fundamentalist way of lecture given by Laden and are eager to furnish him and his associates
with different types of help, including, for instance, the arrangement of safe houses for Al
Qaeda agents, philosophical help with the type of help for Al Qaeda agents, strong
transmissions or news story, adulteration of crucial travel papers, for example, identifications
and visas, transport plans and different sorts of unsaid help, as inability to caution of an
assault or failure to agree to police and knowledge officials. The Al Qaeda network was
additionally upheld and strengthened by the powerlessness of a few Arab-Muslim states to
manage the conditions that prompted Islamic fundamentalism inside their own personal
nations.

Many have perceived that the proliferation of innovation through globalization has essentially
empowered less ground-breaking entertainers, for example, al Qaeda and a large group of
other fear based oppressor associations. While the Al Qaeda thieves utilized long-standing
common avionics innovation to complete their assaults on September 11, there is developing
apprehension that fear mongers will utilize weapons of mass annihilation to do purported
'cataclysmic psychological warfare' later on. Utilization of atomic, substance or natural
weapons, this danger is compounded by the likelihood that, upheld by globalization, atomic ,
synthetic and organic and nuclear weapons could help terrorism spread far and wide.

CONCLUSION

Awareness”of international public law is important for understanding the legal structure for
counter-terrorism operations, considering the increasingly international nature of
terrorism.”The preceding chapters were intended to provide the reader with a basic
understanding of the most relevant aspects of international criminal law, humanitarian law
and refugee law. Counter-terrorism and human rights rules.”One lesson that can be learned
by looking at the international law system pertaining to Terrorism implies that it has a
structure that is dynamic and interlocking.”No body of international law stands in isolation
and a range of different facets of international law may be involved in the variety of resources
 19

required to deter and fight terrorism.”A request for the extradition of a person under one of
the universal instruments of counter-terrorism can raise questions relating to international law
on refugees or international law on human rights.”A decision on whether or not to prosecute a
terrorist could give rise to questions relating to international criminal law, international
human rights law and national jurisdictional laws.”

Expanding”the definition of terrorism to include attacks on military targets, such as

expanding it to include assaults on property and attacks against the individual, weakens the
moral opprobrium attached to it somewhat. Generally speaking, crimes against civilians are
condemned more generally and passionately than those against military personnel. To the
degree that new international instruments extend the definition to include attacks against
military personnel and facilities conducted during times of peace, the implications of this
trend are minimal. These instruments are more far-reaching as they refer to attacks conducted
by irregular forces against military forces, during armed conflict or occupation, which does
not fulfil the requirements for the application of international humanitarian law. The use of
the term "terrorist" as a propaganda weapon has a long history, and it promotes such violence
by extending the legal concept of terrorism to refer to such attacks that could be used by
irregular forces against enemies who enjoy an overwhelming technical advantage. If the aim
is to  treat all parties to an unequal conflict equally, exclusionary clauses that may  allow the
treaties against terrorism to apply to some parties, but not to others,  because of their status
rather than their actions, should be interpreted and  applied narrowly.”

BIBLIOGRAPHY

(1) CRAGIN,”KIM, SCOTT GERWEHR, DISSUADING TERROR: STRATEGIC INFLUENCE AND THE

STRUGGLE AGAINST TERRORISM (RAND Corporation Publications, 2005).”

(2) SMELSER,”NEIL J, THE FACES OF TERRORISM: SOCIAL AND PSYCHOLOGICAL DIMENSIONS
(Princeton University Press, 2007).”
(3) VINAY KUMAR MALHOTRA, INTERNATIONAL RELATIONS (Anmol Publication Pvt. Ltd, 2002).

REFERENCES
JOURNALS

(1) David Boyns & James David Ballard, Developing a Sociological Theory for the
Empirical Understanding of Terrorism, 35(2) THE AMERICAN SOCIOLOGIST 5-25 (2004).
 20

(2) Jack P. Gibbs, Coceptualization of Terrorism, 54(3) AMERICAN SOCIOLOGICAL REVIEW

329-340 (1989).
(3) P. W. Puroshotham, M. Veera Prasad, Addressing Frontier Terrorism- India needs
Global Counter Terrorism Strategy, 70(2) THE INDIAN JOURNAL OF POLITICAL SCIENCE
553-568 (2009).
(4) Martin Hughes, Terrorism and National Security, 57(219) PHILOSOPHY 5-25 (1982).
(5) L.F.E Goldie, Combating International Terrorism: The United Nations Developments,
31(3) Naval War COLLEGE REVIEW 49-60 (1979).
(6) Gilbert Guillaume, Terrorism and International Law, 53(3) THE INTERNATIONAL &
COMPARATIVE LAW QUARTERLY 537-548 (2004).
(7) Luis Miguel Hinojosa Martinez, The Legislative Role of the Security Council in its Fight
against Terrorism: Legal, Political and Practical Limits, 57(2) THE INTERNATIONAL AND
COMPARATIVE LAW QUARTERLY 333-359 (2008).
(8) Jane E. Stromseth, The Security Council’s Counter-Terrorism Role: Continuity and
Innovation, 97(2) PROCEEDINGS OF THE ANNUAL MEETING(AMERICAN SOCIETY OF
INTERNATIONAL LAW) 41-45 (2003).
(9) Igor Primoratz, Terrorism in the Israeli Conflict: A Case Study in Applied Ethics, 55(3)
THE JERUSALEM PHILOSOPHICAL QUARTERLY 27-48 (2006).
(10) Jacob Shamir & Khalil Shikaki, Self-Serving Perceptions of Terrorism among Israelis
& Palestinians, 23(3) POLITICAL PSYCHOLOGY 537-557 (2002).

WEB SOURCES

(1) Understanding Terrorism, Thought Co.(January, 2018),

https://www.thoughtco.com/about-us.
(2) The Impact of Terrorism on Developed Countries, STLOUISFED.ORG (October, 2017),
https://www.stlouisfed.org/publications/regional-economist/fourth-quarter-2017/impact-
terrorism-developing-countries.
(3) Economic Consequences of Terrorism in Developed & Developing Countries,
UTDALLAS.EDU (August, 2016),
https://personal.utdallas.edu/~tms063000/website/Econ_Consequences_ms.pdf.
21