DISEÑO Y COLOR DE LAS CORTINAS:
D- LA PRESENTACIÓN ANTE EL CLIENTE:
It is obviously clear, that it would be big mistake to focus exclusively on so called “jihadism” in terms of future terrorist threats. Rather, it is important to understand the wider context within which terrorist threats emerge.
Potential instruments should be:
An international court for terrorism - Each year bills are introduced urging that an international court be established, perhaps under the U.N., to sit in permanent session to adjudicate cases against persons accused of international terrorist crimes. The court would have broad powers to sentence and punish anyone convicted of such crimes. Critics point out many administrative and procedural problems associated with establishing such a court and making it work, including jurisdictional and enforcement issues. An International Court of Justice in The Hague exists, but it deals with disputes between states and lacks compulsory jurisdiction and enforcement powers24.
Distribution of Information - The sharing of information on terrorism is clearly different than the sharing of information regarding other potentially catastrophic events. For example, there are large historical databases and scientific studies in the public domain for natural hazards: insurers, property owners, businesses and public sector agencies all have access to this information. Data on terrorist groups’ activities and current threats are normally kept secret by federal agencies for national security purposes. For example, the public still has no idea who manufactured and disseminated anthrax in U.S. mailings during the fall of 2001.25
Respects for human rights - The World Summit Outcome, adopted by the General Assembly in 2005, also considered the question of respect for human rights while countering terrorism and concluded that international cooperation to
24 Raphael F. Perl, Foreign Affairs, Defense, and Trade Division, Terrorism, the Future, and U.S.
Foreign Policy, CRS Issue Brief for Congress, p. 12.
25 Howard C. Kunreuther Erwann O. Michel-Kerjan, “Evaluationg the effectiveness of terrorism risk
financing solutions“ 13359 p 12.
fight terrorism must be conducted in conformity with international law, including the Charter of the United Nations and relevant international conventions and protocols. The General Assembly and the Commission on Human Rights have emphasized that States must ensure that any measures taken to combat terrorism comply with their obligations under international human rights law, refugee law and international humanitarian law26
Rule of law - Before exploring the link between the rule of law and terrorism, these two concepts must be clarified, as their definitions remain controversial. Like the concept of terrorism, the rule of law is also ‘‘subject to various definitional and normative disputes’’ (O’Donnell 2004, 34). It is then not hard to imagine why ordinary people in democratic countries would be less likely to become perpetrators of domestic terrorism than those in nondemocratic countries, where the legal system is suited mainly for the rich and powerful: a nonarbitrary creation of law and a dispassionate legal system that metes out appropriate punishment make extralegal violence untenable and/or undesirable 27.
CONCLUSION
As we have seen, different phases have been attributed to terrorism and protections from the dangerous phenomena. As a part internationally problems of defining terrorism also problems of conclude that it may understate the true of the problematic definition. Only when we move beyond our present penchant for permissive factors will we begin to provide a blueprint for how best to challenge terrorism (Crenshaw 1981).
The existence of a real and serious terrorist threat, it is a reasonable public policy goal to focus on preventing attacks before they occur this should be a main goal for each country and international institutions how to achieve it.
As we have seen, there are clear rational and pragmatic reasons for questioning a shift to the concept affiancing terrorism and which steps should be undertaken.
Therefore, avoiding the creation of artificial distinctions, which ignore the evolutionary development of terrorism throughout history, as well as accepting that there are a variety of different forms of terrorism in the world at any one time. As a final thought, one should consider the connection between many of the
26 “Human Rights, Terrorism and Counter-terrorism”, Office of the United Nations High Commissioner
for Human Rights United Nations Office at Geneva, Office of the United Nations High Commissioner for Human Rights page 20.
27 Seung-Whan Choi “Fighting Terrorism through the Rule of Law? Journal of Conflict Resolution 54,
p. 945
TERRORISM AS A THREAT AND CHALLENGE OF PEACE AND SECURITY IN 21st CENTURY
battlefield or transit corridor for terrorist should be avoided by any cost. Society should be helpful to institutions which are part of war against such activities and without their help it would weaken state and be advantage for terrorist organizations.
4. Evalatuation of future Insturments and Mecanisms to Prevent
the Rise of terrorism in 21st Century
It is obviously clear, that it would be big mistake to focus exclusively on so called “jihadism” in terms of future terrorist threats. Rather, it is important to understand the wider context within which terrorist threats emerge.
Potential instruments should be:
An international court for terrorism - Each year bills are introduced urging that an international court be established, perhaps under the U.N., to sit in permanent session to adjudicate cases against persons accused of international terrorist crimes. The court would have broad powers to sentence and punish anyone convicted of such crimes. Critics point out many administrative and procedural problems associated with establishing such a court and making it work, including jurisdictional and enforcement issues. An International Court of Justice in The Hague exists, but it deals with disputes between states and lacks compulsory jurisdiction and enforcement powers24.
Distribution of Information - The sharing of information on terrorism is clearly different than the sharing of information regarding other potentially catastrophic events. For example, there are large historical databases and scientific studies in the public domain for natural hazards: insurers, property owners, businesses and public sector agencies all have access to this information. Data on terrorist groups’ activities and current threats are normally kept secret by federal agencies for national security purposes. For example, the public still has no idea who manufactured and disseminated anthrax in U.S. mailings during the fall of 2001.25
Respects for human rights - The World Summit Outcome, adopted by the General Assembly in 2005, also considered the question of respect for human rights while countering terrorism and concluded that international cooperation to
24 Raphael F. Perl, Foreign Affairs, Defense, and Trade Division, Terrorism, the Future, and U.S.
Foreign Policy, CRS Issue Brief for Congress, p. 12.
25 Howard C. Kunreuther Erwann O. Michel-Kerjan, “Evaluationg the effectiveness of terrorism risk
financing solutions“ 13359 p 12.
fight terrorism must be conducted in conformity with international law, including the Charter of the United Nations and relevant international conventions and protocols. The General Assembly and the Commission on Human Rights have emphasized that States must ensure that any measures taken to combat terrorism comply with their obligations under international human rights law, refugee law and international humanitarian law26
Rule of law - Before exploring the link between the rule of law and terrorism, these two concepts must be clarified, as their definitions remain controversial. Like the concept of terrorism, the rule of law is also ‘‘subject to various definitional and normative disputes’’ (O’Donnell 2004, 34). It is then not hard to imagine why ordinary people in democratic countries would be less likely to become perpetrators of domestic terrorism than those in nondemocratic countries, where the legal system is suited mainly for the rich and powerful: a nonarbitrary creation of law and a dispassionate legal system that metes out appropriate punishment make extralegal violence untenable and/or undesirable 27.
CONCLUSION
As we have seen, different phases have been attributed to terrorism and protections from the dangerous phenomena. As a part internationally problems of defining terrorism also problems of conclude that it may understate the true of the problematic definition. Only when we move beyond our present penchant for permissive factors will we begin to provide a blueprint for how best to challenge terrorism (Crenshaw 1981).
The existence of a real and serious terrorist threat, it is a reasonable public policy goal to focus on preventing attacks before they occur this should be a main goal for each country and international institutions how to achieve it.
As we have seen, there are clear rational and pragmatic reasons for questioning a shift to the concept affiancing terrorism and which steps should be undertaken.
Therefore, avoiding the creation of artificial distinctions, which ignore the evolutionary development of terrorism throughout history, as well as accepting that there are a variety of different forms of terrorism in the world at any one time. As a final thought, one should consider the connection between many of the
26 “Human Rights, Terrorism and Counter-terrorism”, Office of the United Nations High Commissioner
for Human Rights United Nations Office at Geneva, Office of the United Nations High Commissioner for Human Rights page 20.
27 Seung-Whan Choi “Fighting Terrorism through the Rule of Law? Journal of Conflict Resolution 54,
p. 945
152
characteristics of ‘new terrorism’ mentioned above and the current counter- terrorism measures implemented and planned since 9/11.
In this century, he UN and states itself should spend more and work together in order to have success in facing the spread of terrorism around the world. This is the concern also about the legal infrastructure to combat the new terrorism.
REFERENCES:
1. Johnson, J. T., ''Just War Theory Responding Morally To Global Terrorism'', 2003, pp. 224-225
2. 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
3. Stephen P Marks, “International Law and the ‘War on Terrorism’: Post 9/11 Responses by the United States and Asia Pacific Countries”, ASIA PACIFIC LAW REVIEW, Vol 14 No 1,
4. Suman Gupta, “The Replication of Violence- Thoughts on International Terrorism after September 11th 2001”, England 2002.
5. Reuven 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.
6. Chantal DE JONGE OUDRAAT, The United Nations and the campaign against terrorism, The Washington Quarterly, 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.
7. Alexander Spencer, Questioning the Concept of ‘New Terrorism’ Peace Conflict & Development, Issue 8, January 2006 p. 5.
8. 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,pg. 9 ff
9. See, mutatis mutandis, judgment of 28. OCT 1994 Case Fox, Campbell and Hartley Against Great Britain, Series A no. 300–A, pg. 27, attitude 58 10. Threat finance: disconnecting the lifeline of organised crime and terrorism
/ by Shima D. Keene (see pg 102)
11. Gerhard Staguhn, Knjiga o ratu: zaštoljudi ne mogu živjeti u miru?,Mozaikknjiga, Zagreb, 2007. pg. 198.
12. Counter-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.
13. Raphael F. Perl, Foreign Affairs, Defense, and Trade Division, Terrorism, the Future, and U.S. Foreign Policy, CRS Issue Brief for Congress page 12.
14. Howard C. KunreutherErwann O. Michel-Kerjan, EVALUATING THE EFFECTIVENESS OF TERRORISM RISK FINANCING SOLUTIONS, Working Paper 13359 page 12.
15. Seung-Whan Choi “ Fighting Terrorism through the Rule of Law? Journal of Conflict Resolution 54, page 945
16. His definition appears to be among the most comprehensive (see Dugan 2010, 9)
17. 7 UNHCR, “Guidelines on international protection: application of the exclusion clauses: article 1F of the 1951 Convention relating to the Status of Refugees” (HCR/GIP/03/05); UNHCR, “Background note on the application of the exclusion clauses: article 1F of the 1951 Convention relating to the Status of Refugees” (2003), A more secure world…, para. 21
18. Ministry of Finance, Saudi Arabia, ‘A technical assessment of certain Saudi Arabia laws, regulations and institutions’. [Online]. Available at: http://www.mof.gov.sa/e_alzakah.html [accessed: 23 January 2010]. 19. “Human Rights, Terrorism and Counter-terrorism”, Office of the United
Nations High Commissioner for Human Rights United Nations Office at Geneva, Office of the United Nations High Commissioner for Human Rights page 20.
20. UN / Security Council, RES/1373 (2001).
RECOMMENDED LITERATURE:
1. Abadie, Alberto. 2004. Poverty, political freedom, and the roots of terrorism. NBER Working Paper no. W10859. http://ssrn.com/abstract¼611366 (accessed October 9, 2009).
2. Barber, Benjamin R. 2003. Fear’s empire: War, terrorism, and democracy. New York, NY: W.W. Norton & Company.
3. Taylor, B., ‘Threat Assessments and Radical Environmentalism’, Terrorism and Political Violence, vol. 15, no. 4, 2003, pp. 173 ‐ 182. Taylor, M. and Horgan, J. (eds.),
4. The future of terrorism (London (UK) and Portland (US): Frank Cass, 2000). Ungerer, C. J., ‘Beyond bin Laden: future trends in terrorism’ (Australian Strategic Policy Institute, December 2011), pp. 1 ‐ 41. 5. http://www.aspi.org.au/publications/publication_details.aspx?ContentID=
324 Retrieved 8 May 2012.
6. Van der Elst, K and N. Davis (eds.), ‘Global Risks 2011, Sixth Edition’ (Geneva: World Economic Forum, January 2011), pp. 1 ‐ 148.
TERRORISM AS A THREAT AND CHALLENGE OF PEACE AND SECURITY IN 21st CENTURY
characteristics of ‘new terrorism’ mentioned above and the current counter- terrorism measures implemented and planned since 9/11.
In this century, he UN and states itself should spend more and work together in order to have success in facing the spread of terrorism around the world. This is the concern also about the legal infrastructure to combat the new terrorism.
REFERENCES:
1. Johnson, J. T., ''Just War Theory Responding Morally To Global Terrorism'', 2003, pp. 224-225
2. 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
3. Stephen P Marks, “International Law and the ‘War on Terrorism’: Post 9/11 Responses by the United States and Asia Pacific Countries”, ASIA PACIFIC LAW REVIEW, Vol 14 No 1,
4. Suman Gupta, “The Replication of Violence- Thoughts on International Terrorism after September 11th 2001”, England 2002.
5. Reuven 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.
6. Chantal DE JONGE OUDRAAT, The United Nations and the campaign against terrorism, The Washington Quarterly, 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.
7. Alexander Spencer, Questioning the Concept of ‘New Terrorism’ Peace Conflict & Development, Issue 8, January 2006 p. 5.
8. 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,pg. 9 ff
9. See, mutatis mutandis, judgment of 28. OCT 1994 Case Fox, Campbell and Hartley Against Great Britain, Series A no. 300–A, pg. 27, attitude 58 10. Threat finance: disconnecting the lifeline of organised crime and terrorism
/ by Shima D. Keene (see pg 102)
11. Gerhard Staguhn, Knjiga o ratu: zaštoljudi ne mogu živjeti u miru?,Mozaikknjiga, Zagreb, 2007. pg. 198.
12. Counter-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.
13. Raphael F. Perl, Foreign Affairs, Defense, and Trade Division, Terrorism, the Future, and U.S. Foreign Policy, CRS Issue Brief for Congress page 12.
14. Howard C. KunreutherErwann O. Michel-Kerjan, EVALUATING THE EFFECTIVENESS OF TERRORISM RISK FINANCING SOLUTIONS, Working Paper 13359 page 12.
15. Seung-Whan Choi “ Fighting Terrorism through the Rule of Law? Journal of Conflict Resolution 54, page 945
16. His definition appears to be among the most comprehensive (see Dugan 2010, 9)
17. 7 UNHCR, “Guidelines on international protection: application of the exclusion clauses: article 1F of the 1951 Convention relating to the Status of Refugees” (HCR/GIP/03/05); UNHCR, “Background note on the application of the exclusion clauses: article 1F of the 1951 Convention relating to the Status of Refugees” (2003), A more secure world…, para. 21
18. Ministry of Finance, Saudi Arabia, ‘A technical assessment of certain Saudi Arabia laws, regulations and institutions’. [Online]. Available at: http://www.mof.gov.sa/e_alzakah.html [accessed: 23 January 2010]. 19. “Human Rights, Terrorism and Counter-terrorism”, Office of the United
Nations High Commissioner for Human Rights United Nations Office at Geneva, Office of the United Nations High Commissioner for Human Rights page 20.
20. UN / Security Council, RES/1373 (2001).
RECOMMENDED LITERATURE:
1. Abadie, Alberto. 2004. Poverty, political freedom, and the roots of terrorism. NBER Working Paper no. W10859. http://ssrn.com/abstract¼611366 (accessed October 9, 2009).
2. Barber, Benjamin R. 2003. Fear’s empire: War, terrorism, and democracy. New York, NY: W.W. Norton & Company.
3. Taylor, B., ‘Threat Assessments and Radical Environmentalism’, Terrorism and Political Violence, vol. 15, no. 4, 2003, pp. 173 ‐ 182. Taylor, M. and Horgan, J. (eds.),
4. The future of terrorism (London (UK) and Portland (US): Frank Cass, 2000). Ungerer, C. J., ‘Beyond bin Laden: future trends in terrorism’ (Australian Strategic Policy Institute, December 2011), pp. 1 ‐ 41. 5. http://www.aspi.org.au/publications/publication_details.aspx?ContentID=
324 Retrieved 8 May 2012.
6. Van der Elst, K and N. Davis (eds.), ‘Global Risks 2011, Sixth Edition’ (Geneva: World Economic Forum, January 2011), pp. 1 ‐ 148.
154
7. http://reports.weforum.org/global‐risks‐2011/ Retrieved 8 May 2012. Van der Lijn, J., ‘Crystal balling future threats 2020‐2030: Security foresights of “actors” and ‘drivers” in perspective’, Defense & Security Analysis, vol. 27, no. 2, 2011, pp. 149 ‐ 167.
8. Weimann, G., ‘Cyberterrorism: The Sum of All Fears?’, Studies in Conflict and Terrorism, vol. 28, no. 2, 2005, pp. 129 ‐ 149.
9. “Forecasting the Unpredictable: A Review of Forecasts on Terrorism 2000-2012”, The International Centre for Counter-Terrorism – The
Hague 3, no. 6 (2012).
TERRORISM AS A THREAT AND CHALLENGE OF PEACE AND SECURITY IN 21st CENTURY
004.491:004.77 Original scientific article