By Anant Mishra
13 May , 2016
“Everyone’s worried about stopping terrorism. Well, there’s really an easy way: Stop participating in it.” ― Noam Chomsky
Post 9/11 shifted the world’s opinion on terrorism as nations voiced together to eliminate this threat, which then forced nations to redefine the word “global offensive” and “governance” and launching a series of new debate on “state security”. Within the UN, the opinion seems to be divided on global counter terrorism policy as many experts believe that the policy will be “Northern” in nature whereas most casualties are witnessed by South-North and South-South countries. With many fearing adverse impacts of counter terror policies on human rights and sustainable development, member nations haven’t been able to bring voice together on this issue. It is important for member nations to understand the need for a counter terrorism policy which will not only bring them unanimous on the international arena, will leave strong message for the perpetrators.
With this sudden shift in policy, nations are now adopting defensive mechanism rather than taking a proactive role in offensive techniques against such military groups.
Today, the focus of the policy is shifting from security and threat assessment to prevention, preventive measures, after math of an incident on communities. There has to be a concrete policy in combating terror, while there is no denying of a revision if such policies do exist for some member nations; To begin with, the United Nations has divided their response for two major terror organizations, Al Qaeda and Taliban, even after acknowledging the fact that both violent terror organizations are actively working in disrupting peace while leaving enormous casualties and dead behind. UN also has different sanction policies for the two militant groups. With policies such as these, civil communities are left vulnerable.
With this sudden shift in policy, nations are now adopting defensive mechanism rather than taking a proactive role in offensive techniques against such military groups. Most of the counter terror mechanisms need massive assessment and reformation. One such example is the rise of ISIS in the middle east, which forced communities to take armed offence against such groups, increasing the number of defenders in thousands.
Policy makers need to understand the rapidly growing numbers of extremists and their frequent attacks on communities. Terrorist organizations have been able to fuel themselves through social media, which they also reached out to millions of youths, calling them to join their fight for Allah, and engaging themselves into heavy propaganda. Moreover, internet based activism has also detoured. There was a time, when people, through internet used to propagate the message of truth and nonviolence, while keeping the governance on its measures. Today, all who dare to speak against Islam or express their views on terrorism and democracy are now being targeted. Terrorist organizations have learned to evolve themselves using social media, and transform this into a global e-jihad.
In international relations today, “terrorism” does not have a concrete definition. Different organs of the UN define terrorism differently.
These have made the younger generations intospectators, and further becoming victim’s terror organizations. Through these, terror groups are able to connect themselves to the market directly, fuelling their war with younger blood. One of the major challenges in front of international organizations such as the UN and global communities are to make sure that these violent groups does not get their hands on weapons of mass destruction. Beside actively operations of violent non state actors, international terrorism now include ISIS(Islamic State of Syria and Iraq), Al-Qaeda, Boko Haram, Al-Shabaab, and their splinter groups.
Defining terrorism
Terrorism comes from the Latin word terreō, which means “to frighten”, was first used in French before coming to English. Before coming to English, it was predominantly used during the French Revolution, especially defining the “systematic use of terror as a policy”; Edmund Burke, used this term during the French Government’s Reign of Terror (1793-1794), which history remembered as the day when “enemies of the state” were put on trial, many of which were whom deported, starved in prison or guillotined.
In international relations today, “terrorism” does not have a concrete definition. Different organs of the UN define terrorism differently.
Terrorism defined by the organs of the UN
For the UN, different organs define terrorism differently. The General Assembly, in accordance with the United Nations Declaration to Supplement the 1994 Declaration on Measures to Eliminate International Terrorism, as per the Resolution 51/210 on “Measures to eliminate international terrorism”, defines terrorism as:
State sponsored terrorism is defined by terror activities instigated by, encouraged or funded by governments directly. Similar to the term terrorism, state sponsored terrorism too is entirely controversial; they are defined by various experts differently.
“1. The States Members of the United Nations solemnly reaffirm their unequivocal condemnation of all acts, methods and practices of terrorism as criminal and unjustifiable, wherever and by whomsoever committed, including those which jeopardize friendly relations among States and peoples and threaten the territorial integrity and security of States;
2. The States Members of the United Nations reaffirm that acts, methods and practices of terrorism are contrary to the purposes and principles of the United Nations; they declare that knowingly financing, planning and inciting terrorist acts are also contrary to the purposes and principles of the United Nations;”
Moreover, the United Nations General Assembly further stated that “criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons or particular persons for political purposes are in any circumstance unjustifiable, whatever the considerations of a political, philosophical, ideological, racial, ethnic, religious or other nature that may be invoked to justify them.”
The United Nations Security Council, in accordance with the Resolution 1566 stated that:
“criminal acts, including against civilians, committed with the intent to cause death or serious bodily injury, or taking of hostages, with the purpose to provoke a state of terror in the general public or in a group of persons or particular persons, intimidate a population or compel a government or an international organization to do or to abstain from doing any act, which constitute offences within the scope of and as defined in the international conventions and protocols relating to terrorism, are under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature”
Besides the UNSC Resolution 1566, the High Panel on Threats, Challenges and Change comprised of a panel of experts appointed by the then Secretary-General of the United Nations mentioned many issues pertaining to terrorism and violent state actors. They also mentioned the role of nations in identifying these violent actors and introduced a progressive mechanism to fight these violent state actors. The report defined terrorism as:
The three definitions of terrorism come to one single agreed point “violence inflicted by a nation to disrupt the lives of people”. Some experts may not agree with this term…
“any action, in addition to actions already specified by the existing conventions on aspects of terrorism, the Geneva Conventions and Security Council resolution 1566 (2004), that is intended to cause death or serious bodily harm to civilians or non-combatants, when the purpose of such an act, by its nature or context, is to intimidate a population, or to compel a Government or an international organization to do or to abstain from doing any act”.
Defining State Sponsored Terrorism
State sponsored terrorism is defined by terror activities instigated by, encouraged or funded by governments directly. Similar to the term terrorism, state sponsored terrorism too is entirely controversial; they are defined by various experts differently.
A renowned policy analyst Michael Smith defined state sponsored terrorism as “committed by governments and quasi-governmental agencies and personnel against perceived threats” directed to wither domestic or foreign targets. Noam Chomsky defined state sponsored terrorism as “terrorism practised by states (or governments) and their agents and allies”.
The three definitions of terrorism come to one single agreed point “violence inflicted by a nation to disrupt the lives of people”. Some experts may not agree with this term and consider this as another form of terror activity. Incidents involving declaring of war, sending armed units to fight against other military units and use of excessive violence against the people of their won state, especially the civilians, this definition is contrary to the term terrorism states.
The events which occurred on 9/11 first showed the world how violent terrorism had become. Since then, many UN agencies have been involved in constituting crucial policies on terrorism.
Some cases such as the Palestine and even of the US can be taken into account of state sponsored terrorism. As for the case of Palestine, HAMAS has been actively engaging in indirect warfare with Israel, as stated by many human rights organizations, since the Israel occupations since 1967. Moving ahead, United States have been actively criticised for waging war against regimes. Indonesia has moreover been accused of war crimes against Tamil rebel fighters, as these nations have been waging war against other states, simply describing rogue armies as “terrorists”. This is precisely why state sponsored terrorism cannot be defined clearly.
Role of United Nations in Counter-Terrorism
Being the global tool of governance, the United Nations has been actively involved in series of discussion to formulate a viable counter terrorism policy, unfortunately, they have been unable to make any progress lately. Since 1963, there have been a total of eighteen viable counter terrorism policies, comprises of fourteen statures and four amendments. Many organs of the UN including the United Nations General Assembly and the United Nations Security Council have been involved in credited for making viable policies including few joint task force on counter terrorism.
The events which occurred on 9/11 first showed the world how violent terrorism had become. Since then, many UN agencies have been involved in constituting crucial policies on terrorism. One such example is the adoption of Amendments to the Convention on the Physical Protection of Nuclear Material which came to existence on 8th July 2005 followed by the adoption of Protocol of 2005. The Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation came into existence on 2010along with the Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft.
There is no definition between a liberal armed group and terrorism, which is precisely the reason for a deadlock. The actions of armed forces towards civilian population remains undefined and even if armed forces ever pick up weapons against the government, will it be defined as an act of terrorism?
These amendments banned the use of civilian aircrafts for military use while banning the illegal transport of biological, chemical and nuclear weapons. Besides identifying the perpetrators, United Nations and other agencies should focus more on strengthening laws prosecuting those who give shelter to members of terror organizations. Although there has been some success in countering terrorism, the rise of Islamic State and the Caliphate has turned the sides of the table. These threats have been fuelled by the sudden increase in influx of refugees and border control.
Additionally, the unstable Middle East, violent Pakistan, and other violent non state actors operating freely in Africa. Today, terrorists have made it difficult even for military strategists who study their movements closely. Frequent bombing of schools and civilian occupied areas have opened the discussions for military expert’s failure to identify terror strikes and their so claimed HUMINT. Many treaties such as the Comprehensive Convention on International Terrorism which was formed to criminalise all forms of terror attacks. The negotiations among the member states on this treaty has been a dead lock because of their differences in definition of terrorism. There is no definition between a liberal armed group and terrorism, which is precisely the reason for a deadlock. The actions of armed forces towards civilian population remains undefined and even if armed forces ever pick up weapons against the government, will it be defined as an act of terrorism? Member nations have not come up on an agreement yet.
Actions by International Organization
The United Nations First Global Counter-Terrorism Strategy was established by the General Assembly (GA) on September 8, 2006 (General Assembly Resolution 60/288). This was the first event where member nations came together to ratify a comprehensive, global, framework against terrorism since the establishment of the League of Nations in 1934. The strategy was to bring all the agencies and working groups under the United Nations under a common framework, giving special emphasis to the United Nations Security Council’s Counter-Terrorism Executive Directorate (CTED) followed by the Secretariat’s Counter- Terrorism Implementation Task Force (CTITF).
The General Assembly then reviewed its progress on September 2008, providing additional resources to the UN agencies, and sought coordination and cooperation of law enforcement agencies of the member nations, even after such great measures the coordination seemed slow. To understand the role of intergovernmental organizations (IGOs), governments, liaison agencies extensively, a popular think tank published a paper on “Implementation of the UN Global Counterterrorism Strategy,” on June 8, 2007. Counter terrorism experts, UN diplomats, officials of the regional office of agencies of the UN met at St. Michaels, Maryland, to discuss extensive changes in the policy. The discussion ended with four major conclusions:
a. Combating issues that directly involves terror groups;
b. Preventing and combating terror groups on all fronts;
c. Creating concrete policies to prevent and combat terrorism and to further reinforce United Nations and its agencies;
d. Protecting rights of human first with respect to retaliation on terror strikes and preventing any collateral damages
Enhancing Capacities and Coordination within UN Agencies
Counterterrorism capacity can be defined as the capacity of intergovernmental/regional law enforcement agencies, national enforcement agencies, militaries, police departments and corporations successfully combating against terrorism. It comprises of strategies involved in combating terrorism. It further explains counter terrorism policies and mechanism and step by step procedure for handling a threat followed by the legal system involved, annexes with respect to the human rights, pre-emptive anti-terror organizations and threat assessment procedures.
There is an absolute need to frame the policy against terror. Human rights activist group have been actively advocating against violent means, which makes the community a collateral during a conflict.
There are quite a few flaws in the counter-terrorism policy today, and possess a serious disadvantage to the community today. The policy comprises mostly of country specific, extensive security mechanism which too plays a significant role in breeding wars, violates human rights, and closes the gap in civil society.
There is an absolute need to frame the policy against terror. Human rights activist group have been actively advocating against violent means, which makes the community a collateral during a conflict. Active clashes between the human rights and security forces have instigated another debate on appropriate “rules of engagement” which cannot be side-lined. For the UN and other international agencies human rights are a priority and without taking the human rights concept into account, it will be very difficult for counter terror polices to be created, as every time an incident will require security forces to respond, the legitimacy of the responders will be questioned.
The Counter terrorism strategy further states that “effective counter-terrorism measures and the promotion of human rights are not conflicting goals, but complementary and mutually reinforcing”. European courts have been successfully identified terror groups and have placed them under extreme economic sanctions. The human right element is important but again, they are limited and are not enough to protect human rights during an incident. Also, on many cases, government brand “human rights” activists as terrorist and are then prosecuted under the sedition acts.
Importance of Intergovernmental Cooperation and Coordination with Regional Organizations
Europe
European Union
European Union is a multi-national organization which comprises of 28 member states of Europe. It was formed to create a unity with political, economic, social and legal cohesion in Europe. According to the framework it “is founded on the universal values of human dignity, liberty, equality and solidarity, respect for human rights and fundamental freedoms and is based on the principle of democracy and the principle of the rule of law, principles which are common to the Member States” and thus, “terrorism constitutes one of the most serious violations of those principles”.
Inspite of all its commitments, the threat levels continue to be high, despite vast security arrangements and threat assessments.
Europe is currently going through a massive refugee crisis, which makes its boundaries breachable and its internal security compromised. EU has its own counter terrorism policy which was formed in 2005. The EU counter terrorism policy satisfies democracy, dialogue and governance, and is quite equipped in handling radicalisation. EU under any circumstance does not takes radicalisation easily. Their main governing pillars are: Protection, Protection, Pursuit and Response. Their aim is to combat radicalisation and prevent its expansion under any circumstances; reducing the vulnerability of all citizens along with timely prosecution and apprehension of those found responsible, securing transportation and managing security across the borders; while apprehending terrorists using intergovernmental task force.
Inspite of all its commitments, the threat levels continue to be high, despite vast security arrangements and threat assessments.
Council of Europe
Council of Europe (CoE) is an international organization with 47 member nations. It was established to enhance cooperation and coordination in areas such as legislation, human rights, democratic development, law and in culture.
There have been many decisions, declarations, opinions and resolutions initiated by the Council of Europe. Similar on many occasions to the UN, the organization was strengthened after the “September 11 attacks” which shook the world. The “Convention on the Prevention of Terrorism” was signed by the member nations of the EU and some non-member nations such as Canada, the Holy
See, Japan, Mexico and the USA. The convention was designed to strengthen as well as increase the cooperation and coordination against terrorism. It is tasked to strengthen member nations:
Dakar Declaration against Terrorism in 2001 was adopted right after 9/11. The Declaration condemns terror attacks and firmly believes in making it a number 1 priority for all member states in eliminating it.
“by establishing as criminal offences certain acts that may lead to the commission of terrorist offences, namely: public provocation, recruitment and training
“by reinforcing co-operation on prevention both internally (national prevention policies), and internationally (modification of existing extradition and mutual assistance arrangements and additional means).”
Africa
African Union
Below are the counter-terrorism policies adopted by the African Union:
1. Algiers Convention on the Prevention and Combating of Terrorism in 1999 (prepared by the predecessor of the African Union),
2. Dakar Declaration against Terrorism in 2001
3. High level intergovernmental meeting on the prevention of and combating terrorism in Africa and the Plan of Action of the meeting.
Algiers Convention on the Prevention and Combating of Terrorism in 1999 openly condemns all kinds of terrorists acts. The Convention further supports cooperation and joint efforts of member nations of the AU in eliminating the terror threats, it also talks about legal assistance to those convicted. Dakar Declaration against Terrorism in 2001 was adopted right after 9/11. The Declaration condemns terror attacks and firmly believes in making it a number 1 priority for all member states in eliminating it. It also talks about active need of cooperation from member states.
In September of 2002, a high level meeting took place in Algiers, Algeria by the African Union, on the topic “prevention and combating of terrorism in Africa”. This high level meeting discussed in depth counter-terrorism policy of member states of the AU. The meeting extensively discussed all the counter terrorism policies adopted by the AU and unanimously supported the active need to reinforce its laws in light of the challenges today; this discussion was based largely on the Algiers Convention of the Prevention and Combating of Terrorism and the Dakar Declaration against Terrorism. The Plan of deliberately discussed counter terrorism policies of every member state, police and boundary laws, legislative laws and jurisdiction, amendments of national laws, financial terrorism and information sharing, and coordination at regional, continental and international levels followed by the role of the African Union.
The League then adopted the code of ethics “wherein Arab states commit themselves to combat terrorism and abstain from participating or engaging in terrorist actions or offering asylum to the perpetrators of such acts”.
Middle East
League of Arab States
Ministers of the Arab states, in the aftermath of the Gulf War, began discussing effective ways to combat terrorism. Although the discussion came to an end in January 1996, after four rigorous four years of discussion and eminent threat assessment. The League then adopted the code of ethics “wherein Arab states commit themselves to combat terrorism and abstain from participating or engaging in terrorist actions or offering asylum to the perpetrators of such acts”. The ministers again met on January 1996 to discuss the appropriate definition of terrorism; they then removed “armed struggles by peoples under foreign occupation to free their lands and realize their rights of self-determination” from the definition, which they themselves used quite frequently on Israel.
After years of discussion the League then created an “accord to fight Terrorism and Extremism” which was then adopted on April 22, 1998. This accord called for all member states to fight counter terrorism unanimously further calling for effective cooperation, coordination and exchange of resources. The Council of Ministers of Justice again met on January 2009, and discussed on the need to effective address the issue of terrorism through unity.
Asia
South Asian Association for Regional Cooperation (SAARC)
Established after the Dhaka Summit of 1985 where “the Heads of State or Government of the Member States of the SAARC recognized the seriousness of the problem of terrorism as it affects the security and stability of the region” along with the Bangalore Summit Declaration of 1986 where SAARC member nations agreed on creating a counter-terror policy, the “Regional Convention on Suppression of Terrorism” was established. This Convention talks about role of member nations in combating terror effectively through joint counter-terrorism program. SAARC member nations then adopted effective policies on the convention of financial terrorism, while agreeing to the fact that crippling terror network can only be possible by disrupting their finances.
From the old testaments of the Bhagavad-Gita, till today, terrorism has always breaded within mankind.
Association of Southeast Asian Nations (ASEAN)
ASEAN Convention on Counter-Terrorism (ACCT), was signed in 2007 and was ratified in 2013, today, serves as a basic “framework for regional cooperation to counter, prevent and suppress terrorism and deepen counter-terrorism cooperation”. “With all ASEAN Member States aboard on the ACCT, ASEAN has taken another step in fulfilling the ASEAN Political and Security Blueprint, and in developing a safer and more secure ASEAN for everyone.”
This Convention further reinforces that “terrorism cannot and should not be associated with any religion, nationality, civilisation or ethnic group” while stressing on the fact that pre identification of these groups are important and should be done through coordination of multiagency or by creating a multi-agency task force. It focussed the importance of crippling the financing of terrorism along with cross border activities.
Conclusion
From the old testaments of the Bhagavad-Gita, till today, terrorism has always breaded within mankind. Throughout the history, the means have changed, tactics improved, however still some people consider killing the best way to meet their maker, or for some that’s the best way to make their living, be it individuals or states. As stated by experts from “terrorism cannot be stopped with just one action, which is through violent means or using force”.
…violations by terror groups, have a massive impact on civilian population especially civilian lives, whether it is being perpetrated by an organization, a non-state actor or a terror group.
As George W. Bush, the former President of the United States, states, “terrorism is not created by fighting them through military means, rather ignoring them as they breed within us”. Jason Burke, a journalist with an expertise on Al Qaeda stated that, “to recognise that widespread terrorist organisations represent ideologies, not organisations. There is no point in talking about masterminds or hunting for a global headquarters. There are none.” We have a dark future in front of us, hence, it is important for us to create effective counter-terrorism policies and implement these policies as quickly as possible, the sooner will implement, more reinforced and prepared will we be. It is also important for political leaders and policy makers to understand the rule of law, mixing human rights violations and counter terror policies is similar to “cloaking” casualties. The Global Counter Terrorism policy of the United Nations will be a great success if all member nations come together unanimous and implement the same.
Today, violations by terror groups, have a massive impact on civilian population especially civilian lives, whether it is being perpetrated by an organization, a non-state actor or a terror group. With pre-emptive counter terror strategy, member nations reinforce it regional, local and national law enforcement agencies and further enhance their regional and local capacity towards their fight against terrorism.
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