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QUESTION | Write notes on the following:
(i) International Terrorism
Importance of this question : 2020 UPSC Law Optional Mains Question
QUESTION POSTED ON | 22.11.2021
MODEL ANSWER WILL BE POSTED ON | 23.11.2021
Answers can be written till 23.11.2021.
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ANSWER |
International terrorism is a phenomenon which threatens the people and the government to do an act or to abstain for any act. This intimidation act may be a combination of factors like political, philosophical, ideological, racial, ethnic, religious etc. there is no proper definition of international terrorism but the draft convention of terrorism tries to define terrorism which causes lose of life and severe damages to public and private property. The twin track approach took into account the manifestations of terrorist activities and a general condemnation of terrorism.
It is held the UNGA that international terrorism is in contrary to the Principle and Purpose of the United Nations. Also, it threatens international peace and security.
There is possible of violation of human rights during counter terrorism measures. So, the relationship between human rights and terrorism must be taken into account.
There are many conventions relating to particular category of terrorist activities and there is no comprehensive terrorism treaty in international level. The crime of terrorism creates universal jurisdiction for States to either punish the person or to extradite the alleged offender. It is based on the maxim aut punire; aut dedere.
The Declaration on Measures to Eliminate International Terrorism condemned all acts, methods and practice of terrorism as criminal and unjustifiable. States must take steps to stop and eliminate installations of terrorist training camps, launch pads or for any kind of preparation to do terrorist activities. The States must cooperate and exchange information to combat terrorism in all places because terrorist anywhere which cause ripple effect around the world due to its nature to cause fear in people’s heart and mind.
The United Nations Global Counter Terrorism Strategy condemned terrorism in all its forms and manifestation as it is one of the most serious threats to international peace and security, international cooperation, to address the root cause of its spread, to prevent and combat terrorism and to respect human rights and rules of law during fight against terrorism.
Finally, any counter terrorism measures must be in compliance with the international human rights law, refugee law and international humanitarian law.