Terrorism The issue of terrorism is Essays (3818 words) - Terrorism

Terrorism The issue of terrorism is one of the main concerns in the recent world. September 11/2001 attack in the twin tower of USA, bombing in Madrid and London bombing has raised a serious concern in this matter. Different government all over the world is trying to tackle this problem enacting different stringent laws and taking other steps. Indian society is attacked by this terrorism warm from the very beginning and immediate after independence, for example Kashmir, Mumbai bomb blasts, North East states, Punjab in 1980s and recently Mumbai attack. [1] There are different issues which come with the question of terrorism. The first question related to the definition of terrorism. In the international level there was a long effort to find a universally accepted definition of terrorism. The reason is that one person or states terrorist is freedom fighter to another state or individual. It has also faced opposition because most of this definition talks about th e action of the non-state actors and did not address the violence and torture done by the government agencies. International Convention for the Suppression of the Financing of Terrorism adopted in 1999 by the General Assembly has given a definition of terrorism which is the first in an international treaty. [2]This says: " Any other act intended to cause death and serious bodily injury to a civilian and any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a Government and international organization to do and abstain from doing any act. " There is two fold meaning in the context of terrorism and human right. In the first meaning the state is obliged to make regulation to prevent and combat terrorism on the ground to protect the individual right to life, liberty and security. The second thing is in the process of combating and preventing terrorism state should take care of the human right. [3] For the infringement of the latter the sate will be responsible under the international human right law and treaties in which it is a party. The European Court of Human Right and other international Human Right instrument has recognized that state has not only negative obligation to refrain from interfering into the rights of the people within its jurisdiction but also positive obligation to protect the people from the infringement of their human right by non state actors. [4] In this paper varies international instrument which talks about the protection of human right while combating terrorism will be discussed. Then subsequently some Indian anti -terrorism laws will be reviewed from the prospective of human right protection and the role of judiciary in the protection of human right while battling against terrorism. Chapter 1: International Institutions in the matter of Terrorism and Human Right Issu e : There are 13 international convention related to terrorism has been adopted under the supervision of United Nation. [5] After the attack of 11 September 2001 the international instruments, international political picture have changed a lot with relation to terrorism. United States of America declared " War on Terror " .[6] United Nations General Assembly Resolutions: The General Assembly resolutions related to terrorism are mainly G.A. Res.56/160, G.A. Res. 58/187, G.A. Res. 59/191, G.A. Res. 59/195, and G.A. Res. 57/219. All these resolution mainly focused on both non derogability of human rights and states responsibility to comply with it. The G.A. Res.56/160 says that the state should take all necessary and effective measures, in accordance with relevant provisions of international law, including international human rights standards, to prevent, combat and eliminate terrorism. . . and. . . strengthen, where appropriate, their legislation to combat terrorism. [7] G.A. Res. 57/219 says that States must ensure that any measure taken to combat terrorism complies with their obligations under international law, in particular international human rights.[8] G.A. Res. 58/187 argues that some human rights are non-derogable and emphasized that States must ensure that any measure taken to fight against terrorism take care of their obligations under international law, in particular international human rights, refugee and humanitarian law.[9] The remaining two resolutions also