A Legal Inter-Network for Terrorism: Issues of Globalization, Fragmentation and Legitimacy

Terrorism and Political Violence

Volumn 11, Issue 4, 1999, Pages 197-208

  Dartnell, Michael ^a  

^a YORK UNIVERSITY   (Canada)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0033261607     PISSN: 09546553     EISSN: None     Source Type: Journal    
DOI: 10.1080/09546559908427540     Document Type: Article

References (39)

1. 1996 Patterns of Global Terrorism Report, US State Department.
2. Released at the Ottawa Ministerial on 12 December 1995, ß5.
3. Adopted at the second plenary session, held on 26 April 1996, Lima, Peru.
4. The measures announced on 30 July 1996 include: laws and regulations on manufacture, trade, transport and export of firearms, explosives and other devices, reviews and amendments on domestic anti-terrorist legislation, joining international conventions and protocols to combat terrorism by the year 2000, development of agreements and arrangements on mutual assistance in investigations and gathering evidence, extradition, promotion of conventions on terrorist acts (especially bombings related to international civil aviation), reconfirmation of states' commitment to the Biological Weapons Convention, and measures to regulate movement of funds intended for terrorist organizations.
5. See 'Video conference targets world crime, terrorism', CNN Online News, 15 December 1998, 8:57 p.m. EST (0157 GMT). .
6. W. Michael Reisman and Chris T. Antoniou (eds), The Laws of War: A Comprehensive Collection of Primary Documents on International Laws Governing Armed Conflict (New York: Vintage 1994) p.293.
7. 'Links Between Transnational Organized Crime and Terrorist Crimes', Report by the Secretary General, Commission on Crime Prevention and Criminal Justice, Vienna: UN Economic and Social Council 25 April 1996, p.53.
8. Ibid., p.14.
9. Ibid., p.23.
10. Ibid., p.27.
11. Ibid., p.34.
12. Ibid., p.37.
13. Ibid., p.38.
14. Ibid., p.6-13. Among the differences between these two forms of illegal behaviour are terrorists' motivational bases, political and social orientations, willingness to admit their deeds before tribunals, search for political following, attempt to pose as political actors that are equally legitimate to governments, tendency to victimize on a more indiscriminate basis, fewer 'turf wars', and use offrent organizations.
15. Seyom Brown, International Relations in a Changing Global System: Toward a Theory of the World Polity (2nd edition) (Boulder, Colorado: Westview Press 1996) p. 131.
16. Brown notes that this entails development of means of international conflict management based on models of national politics: (i) negotiation; (ii) mediation, arbitration, and adjudication; and (iii) international policy-making.
17. Graeme Newman, 'Criminal Justice Information in the Information Age: An Overview', in United Nations Crime and Justice Information Network: Providing Information to and from Developing Countries - A Resource Book (Richard Scherpenzeel and Gerald Quirchmayr, eds), Vienna: Crime Prevention and Criminal Justice Division, United Nations Office at Vienna, 9-13 September 1996, p.10.
18. This argument is noted by Noemi Gal-Or, International Cooperation to Suppress Terrorism (New York: St. Martin's Press 1985).
19. Convention on Offenses and Certain Other Acts Committed on Board Aircraft (Tokyo Convention, September 1963).
20. Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (Montréal Convention, September 1971).
21. Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (Signed at Rome, 10 March 1988).
22. Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf (Signed at Rome, 10 March 1988).
23. Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, Done at Montréal on 23 September 1971 (February 1988).
24. Convention for the Suppression of Unlawful Seizure of Aircraft (Hague Convention, December 1970).
25. International Convention for the Suppression of Terrorist Bombings (New York: 12 January 1998).
26. International Convention Against the Taking of Hostages (Hostages Convention, Signed at New York: 18 December 1979).
27. Convention on the Prevention and Punislunent of Crimes Against Internationally Protected Persons including Diplomatic Agents (Opened for signature at New York on 14 December 1973).
28. Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological, Biological and Toxin Weapons and on Their Destruction (Biological Weapons Convention), 10 April 1972.
29. Convention on the Physical Protection of Nuclear Material (Nuclear Materials Convention, Signed at New York and Vienna, 3 March 1980).
30. Convention on the Marking of Plastic Explosives for the Purpose of Identification (Signed at Montréal on I March 1991: Montréal Convention 1991).
31. Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (Corrected version in accordance with Depository Notification C.N.246.1994.TREATIES-5 and the corresponding Procés-Verbal of Rectification of the Original of the Convention, issued on 8 August 1994).
32. The provisions focus on prohibiting and preventing manufacture of unmarked plastic explosives, preventing movement, controlling possession and transfer, ensuring non-military and non-police stocks are consumed, marked or ineffective within three years, that military and police stocks are similarly treated within 15 years, and that unmarked explosives manufactured after the convention came into force are destroyed.
33. Noemi Gal-Or, International Conventions to Suppress Terrorism (New York: St Martin's Press 1985) p.277.
34. Report of the Panel Appointed by the Secretary-General of the United Nations to gather Information on the Situation in Algeria in order to provide the International Community with Greater Clarity on that Situation, Mario Soares, Chairman, 10 September 1998. See especially Part Four, Section 3.
35. See Arts. 2-3.
36. The French Code Pénal [Livre IV, Titre Hème, Chapitre 1er, art. 421-1] states that acts of terrorism 'are intentionally linked with an individual or collective undertaking whose end is to seriously disturb public order through intimidation or terror' (my translation). The Canadian Security Intelligence Service Act [R.S., 1985, c. C-23] defines 'threats to the security of Canada' as 'activities within or relating to Canada directed toward or in support of the threat or use of acts of serious violence against persons or property for the purpose of achieving a political objective within Canada or a foreign state' [p.(c)] and 'activities directed toward undermining by covert unlawful acts, or directed toward or intended ultimately to lead to the destruction or overthrow by violence of, the constitutionally established system of government in Canada' [p.(d)].
37. The French Code Pénal [Livre IV, Titre Hème, Chapitre 1er, art. 421-1] states that acts of terrorism 'are intentionally linked with an individual or collective undertaking whose end is to seriously disturb public order through intimidation or terror' (my translation). The Canadian Security Intelligence Service Act [R.S., 1985, c. C-23] defines 'threats to the security of Canada' as 'activities within or relating to Canada directed toward or in support of the threat or use of acts of serious violence against persons or property for the purpose of achieving a political objective within Canada or a foreign state' [p.(c)] and 'activities directed toward undermining by covert unlawful acts, or directed toward or intended ultimately to lead to the destruction or overthrow by violence of, the constitutionally established system of government in Canada' [p.(d)].
38. See 'Government Networks Project', introduction by Anne-Marie Slaughter, Berkman Center for Internet and Society, Harvard Law School, .
39. Cindy C. Combs, Terrorism in the Twenty-First Century (Upper Saddle River, NJ: Prentice-Hall 1997) p. 165.