Terrorism in the international criminal law, страница 2

Terrorism is the most compound and dangerous constituent element of criminal offence. Forms of terrorism can be classified on international and national terrorism, a state terrorism as a state policy and form of aggression (international crime committed by a state).

The “International terrorism” concept compounds several diverse but analogous components of crime: terrorist actions inside a state, terrorism as an international crime (state terrorism) and terrorism as a crime of international nature.

International state terrorism is a subversive activity of a state against another one or stimulation such an activity on the territory of a state with the aim to impact another state. Such steps make up a concept of aggression that is an international crime. However aggression is an undisguised act, but terrorism is a latent action. Terrorism is an individual person’s violent actions organized, encouraged, or stimulated stealthy with unlawful and culpable state act of commission or omission.

“State terrorism” expression emerged first in the official paper in 1984 while the United Nations General Assembly resolution on Inadmissibility State Terrorism Policy and any State Activities against another State Sovereign Government. In 1985 the General Assembly accepted a resolution calling for states to suppress any state terrorism actions.

However there is no still common concept of state terrorism. It is not fixed normative to be an international crime, but we can name state terrorism types. They are:

1.  Terrorism committed by the armed forces of a state against another one in an armed attack form.

2.  Terrorism committed by means of secret subversive operations of a state intelligence services against another state.

3.  Terrorism committed as criminal actions, dictatorial regime actions against its people, its citizens.

Thus the individual persons activities and state actions also were defined and characterised as state terrorism. They were, for example, the United States of America’s acts against Grenada, Iraq’s actions against Kuwait, Israel’s acts verses Lebanon, and others. Here we see the situation when political descriptions differ from legalistic characteristics of the action. We can observe the criminal and terrorist nature of the policy but we don’t have legal base to formulate particular components of crime. National minorities of native population repression can be realized by means of terrorist methods in moral and political meaning. And if such actions are not defined legally as terrorism, there is only a political description but there are no components of crime due to which amenability can be determined.

Criminal acts can be defined as terrorism only if they are committed by terrorist organizations or individuals but not states or their official public authorities.

Terrorism is getting more dangerous and has become a widespread phenomenon, unfortunately. That’s why international cooperation for the suppression of terrorism and development the system of international criminal law has great importance.