International Law and Terrorism Issue
Subject Areas : International RelationsKabak Khabiri 1 , Maral Darbandi 2
1 - Assistant Professor and Faculty of Political Science, Islamic Azad University Central Tehran Branch, Department of Political Science
2 - A doctoral student in political science, Faculty of Political Science, Islamic Azad University Central Tehran Branch
Keywords: terrorism, Keywords:International Law, Anti-terrorism Committee, The United Nations Organization, Legitimate Defence,
Abstract :
Abstract ُSecurity Council of the United Nation Organization, as the only place which has legal right and is authorized to use force in the international interactions. Important developments have occurred in multilateral international treaties between the Convention for the Prevention and Punishment of Terrorism of 1937 and the Inter- American Convention against Terrorism of 2002. This article attempts to explore the question of changes which is occurred, as well as whether these laws have been an effective legal response in combating terrorism. After differentiating between comprehensive and sectoral conventions and between universal and regional conventions, the article comparatively analyzes them based on definitions of offenses, the extent of criminalization, exceptions concerning scope of application, measures to be taken by the states parties, obligatory and optional jurisdiction, obligations of states in the sphere of legal cooperation and assistance, rights of the offender, extradition, exceptions from extradition or legal assistance, and issues not covered by the conventions. Solutions proved to be the most effective against international terrorism and discrepancies and overlaps between the conventions are discussed.
منابع:
1-کابک خبیری.(1376) "متحد شدن علیه تروریسم؛ توصیههایی برای بکارگیری یک استراتژی جهانی بر ضد تروریسم". پژوهشنامه امنیت بینالمللی و تروریسم، شماره 3. مرکز تحقیقات استراتژیک.
1- Cherif Bassiouni, M. (2001). International terrorism—Multilateral conventions 1937-2001. Ardsley, NY: Transnational Publishers.
2- Convention Against Transnational Organized Crime of 2000 (and two protocols supplementing it), adopted by the UN General Assembly on November 15, 2000, Doc. A/RES/55/25, Annex I.
3- Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation of 1971, Montreal, Canada, on September 23, 1971, U.N.T.S. Vol. 974, No. 14118.
4- Convention for the Suppression of Unlawful Seizure of Aircraft of 1970, signed in The Hague, the Netherlands, on December 16, 1970, U.N.T.S. Vol. 860, No. 12325.
5- Dugard, J. (1973). Toward the definition of international terrorism. Proceedings of the American Society of International Law, American Journal of International Law, 67(5), 94-100.
6- Elagaba, O. (1997). International law documents relating to terrorism. London-Sydney: Cavendish.
7- European Convention on Extradition of 1957, signed in Paris on December 13, 1957, C.E.T.S. No 024.
8- Franck, T. M.,&Lockwood, B. B. (1974). Preliminary thoughts towards an international convention on terrorism. American Journal of International Law, 68, 69-90.
9- International Convention for the Suppression of the Financing of Terrorism of 1999, adopted by the UN General Assembly on December 9, 1999, Doc. A/RES/54/109, Annex.
10- International Convention for the Suppression of Terrorist Bombings of 1997, adopted by the UN General Assembly on December 15, 1997, Doc. A/RES/52/164, Annex.
11- Protocol Amending the European Convention on the Suppression of Terrorism of 2003, Strasbourg, France, C.E.T.S. No. 190.
12- Protocol on Unlawful Acts ofViolence at Airports Serving InternationalCivilAviation of 1988
13- United Nations. (1972). Measures to prevent international terrorism.
14- United Nations. (1996, December 17). General Assembly Resolution 51/210 (establishing the UN Ad Hoc Committee on terrorism).
15- United Nations. (2000). Report of the Working Group of the 6th Committee of the UN General Assembly, Doc. A/C.6/55/L.2 of October 19, 2000, Annex II.
16- United Nations. (2001). International instruments related to the prevention and suppression of international terrorism. New York: Author.
17-United Nations. (2002). Report of the Ad Hoc Committee established by General Assembly Resolution 51/210 of December 17, 1996, 6th session (January 28 to February 1, 2002), Doc. A/57/37, Annex I.
18- United Nations. (2004a). International instruments related to the prevention and suppression of international terrorism (2nd ed.). New York: Author.
19- United Nations. (2004b). Report of the Ad Hoc Committee established by General Assembly Resolution 51/210 of December 17, 1996, 8th session (June 28 to July 2, 2004), Doc. A/57/37, Annex III.