EL TEMPLO MASONICO
EL NUMERO DOS
On 11 September 2001 two aero planes with passengers were hijacked by terrorists and crashed deliberately into the World Trade Center in New York. A similar attack was carried out on the Pentagon in Washington at roughly the same
10 Alex P. Schmid& Albert J. Jongman, Political Terrorism: A New Guide to Actors, Authors, Concepts,
Data Bases, Theories and Literature, (Amsterdam: North-Holland Publishing Company, 1988), pp. 28.
11 Alexander Spencer, Questioning the Concept of ‘New Terrorism’ Peace Conflict & Development,
Issue 8, January 2006 p. 5.
12 United States Department of State, Patterns of Global Terrorism 2003 (Washington, DC: Office of
the Secretary of State, Office of the Coordinator for Counterterrorism, April 2004), p. xii.
time. Between 4,000 and 6,000 people, including the terrorists, died. Amongst these were the people of some 30 nations13. In 2001, after 9/11 the UN Security Council stated that: “acts of international terrorism constitute one of the most serious threats to international peace and security in the twenty-first century14. As a result, the Security Council it reacted swiftly, within hours of the attacks, and with determination15.
Ad Hoc Committee by the General Assembly of the United Nations set up Resolution 51/210 of 17 December 1996 was tasked to draft a general convention to combat international terrorism. The Commission failed to do the job because of political, ideological and legal problems, it failed to define the crime of international terrorism or to the issue of armed conflict from the standpoint of humanitarian law (Art. 2 and 18 of the draft)16. The Security Council hase adopted many Resolutions on combating terrorism. The Security Council resolution no. 137317. This resolution obliges the member states to take a series of measures to prevent terrorist activities and to criminalize various forms of terrorist actions, and to take measures to facilitate and promote cooperation between member states18. Also, there are a number other resolutions on terrorism, in coopeartion of states in fighting terrorism. The increase of the number of terrorist acts in many countries, the United Nations is going to play the role for preventing terrorism.
The US government’s reaction to 9/11 included the concept of a’’new paradigm’’ namely, the proposition that, in a time of perceived threat to national security of the magnitude of the 11 September 2001 attacks, it is legitimate and legal either to interpret certain core norms of international law as not binding or to
13 Suman Gupta, “The Replication of Violence- Thoughts on International Terrorism after September
11th 2001”, England 2002.
14Reuven Young, Defining Terrorism: The Evolution of Terrorism as a Legal Concept in International
Law and Its Influence on Definitions in Domestic Legislation, Boston College International and
Comparative Law Review, Volume 29 | Issue 1 Article 3, USA, 2006). p. 30.
15Chantal DE JONGE OUDRAAT, The United Nations and the campaign against terrorism, The
Washington Quarterly, vol. 26, no. 4 (Autumn, 2003), pp. 163– 76, and The Role of the UN Security Council, in Jane Boulden and Thomas Weiss (eds), Terrorism and the UN: Before and After September 11th, Bloomington, Indiana University Press, forthcoming. p. 31.
16 V. Second progress report to the Sub-Commission on the Promotion and Protection of Human
Rights by Kalliopi K. Koufa, Special Rapporteur on terrorism and human rights, E/CN/4/Sub. 2/2002/37, p. 9.
17 UN / Security Council, RES/1373 (2001).
18Counter-Terrorism, Implementation Task Force CTITF, Working group on protectiong human rights while countering terrorism. Basic Human Rights Reference Guide, Conformity of National Counter- Terrorism Legislation with international Human Rights Law. CTITF Publication Series, United Nations, New Yourk, October 2014, p.2.
TERRORISM AS A THREAT AND CHALLENGE OF PEACE AND SECURITY IN 21st CENTURY
targets) from a target population, and serve as massage generators. Threatand violence-based communication processes between terrorist (organization), (imperilled) victims, and the main targets are used to manipulate the main target (audience(s)), turning it into a target of terror, a target of demands, or a target of attention, depending on whether intimidation, coercion, or propaganda is primarily sought.10
The acceptance of the term ‘new terrorism’ will have great influence on the direction and funding of counter-terrorism measures. However, the distinction between old and new terrorism is artificial and some extent dangerous, as it can be used to justify a whole new set of rushed restrictive governmental counter- measures without these being democratically debated, publicly discussed, independently monitored or even necessary11. Defining terrorism is the most ambiguous component in terrorism studies, with no universally accepted definition that differentiates attacks against civilian noncombatants or armed military or takes into account the latest trends in terrorist objectives and warfare. In 1983, the U.S. Department of State (DOS) formulated one of the most widely used definitions of terrorism. According to this definition, terrorism is "premeditated, politically
motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents, usually intended to influence an audience." [1] As
part of this definition, the term "noncombatant" includes civilians and military personnel who are unarmed or not on duty. [2] The term 'international terrorism' refers to terrorism "involving citizens or the territory of more than one country," [3] while the term 'terrorist group' refers to "any group practicing, or that has significant
subgroups that practice, international terrorism"12.
2. UN and the Threat of peace and Security from terrorism After
9/11
On 11 September 2001 two aero planes with passengers were hijacked by terrorists and crashed deliberately into the World Trade Center in New York. A similar attack was carried out on the Pentagon in Washington at roughly the same
10 Alex P. Schmid& Albert J. Jongman, Political Terrorism: A New Guide to Actors, Authors, Concepts,
Data Bases, Theories and Literature, (Amsterdam: North-Holland Publishing Company, 1988), pp. 28.
11 Alexander Spencer, Questioning the Concept of ‘New Terrorism’ Peace Conflict & Development,
Issue 8, January 2006 p. 5.
12 United States Department of State, Patterns of Global Terrorism 2003 (Washington, DC: Office of
the Secretary of State, Office of the Coordinator for Counterterrorism, April 2004), p. xii.
time. Between 4,000 and 6,000 people, including the terrorists, died. Amongst these were the people of some 30 nations13. In 2001, after 9/11 the UN Security Council stated that: “acts of international terrorism constitute one of the most serious threats to international peace and security in the twenty-first century14. As a result, the Security Council it reacted swiftly, within hours of the attacks, and with determination15.
Ad Hoc Committee by the General Assembly of the United Nations set up Resolution 51/210 of 17 December 1996 was tasked to draft a general convention to combat international terrorism. The Commission failed to do the job because of political, ideological and legal problems, it failed to define the crime of international terrorism or to the issue of armed conflict from the standpoint of humanitarian law (Art. 2 and 18 of the draft)16. The Security Council hase adopted many Resolutions on combating terrorism. The Security Council resolution no. 137317. This resolution obliges the member states to take a series of measures to prevent terrorist activities and to criminalize various forms of terrorist actions, and to take measures to facilitate and promote cooperation between member states18. Also, there are a number other resolutions on terrorism, in coopeartion of states in fighting terrorism. The increase of the number of terrorist acts in many countries, the United Nations is going to play the role for preventing terrorism.
The US government’s reaction to 9/11 included the concept of a’’new paradigm’’ namely, the proposition that, in a time of perceived threat to national security of the magnitude of the 11 September 2001 attacks, it is legitimate and legal either to interpret certain core norms of international law as not binding or to
13 Suman Gupta, “The Replication of Violence- Thoughts on International Terrorism after September
11th 2001”, England 2002.
14Reuven Young, Defining Terrorism: The Evolution of Terrorism as a Legal Concept in International
Law and Its Influence on Definitions in Domestic Legislation, Boston College International and
Comparative Law Review, Volume 29 | Issue 1 Article 3, USA, 2006). p. 30.
15Chantal DE JONGE OUDRAAT, The United Nations and the campaign against terrorism, The
Washington Quarterly, vol. 26, no. 4 (Autumn, 2003), pp. 163– 76, and The Role of the UN Security Council, in Jane Boulden and Thomas Weiss (eds), Terrorism and the UN: Before and After September 11th, Bloomington, Indiana University Press, forthcoming. p. 31.
16 V. Second progress report to the Sub-Commission on the Promotion and Protection of Human
Rights by Kalliopi K. Koufa, Special Rapporteur on terrorism and human rights, E/CN/4/Sub. 2/2002/37, p. 9.
17 UN / Security Council, RES/1373 (2001).
18Counter-Terrorism, Implementation Task Force CTITF, Working group on protectiong human rights while countering terrorism. Basic Human Rights Reference Guide, Conformity of National Counter- Terrorism Legislation with international Human Rights Law. CTITF Publication Series, United Nations, New Yourk, October 2014, p.2.
148
consider that the powers of the President under the Constitution to wage a ‘war’ on terrorism supersede international law. The new paradigm has had a dramatic impact through the doctrine of preventive war and the non-application of certain norms of international humanitarian law and international human rights.19