File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Problem Of Terrorism And State Sponsored Terrorism

  • One of the biggest problem today which os being faced by the entire humanity is the problem of terrorism has become much more profound since 1970s
  • One big perennial problem which is being faced by the International community, is the lack of definition of terrorism under International Law.
  • Further another problem which arises is the fact that many countries do not have any definition of terrorism or they themselves use terrorism either directly or through not State actors.
  • Even though there is no globally accepted definition of terrorism, yet International Law experts have categorically pointed out that, "TERRORISM is defined as a blatent use of force, by either a State or a non-state actor, to achieve either political, economic even religious or any other extremist goal."
  • Legal international law experts have therefore pointed out that, the use of force or even threatening use of force, by countries or non-state actors is illegal under International Law.

Forms Of Terrorism

Even though there is no commonly accepted definition of terrorism, yet with the changing times and circumstances many new forms of terrorism have been taking shape, which are as follows:
State Sponsered Terrorism
  • State sponsored terrorism refers to a form of terrorism, under which, the State directly or indirectly promotes terrorism, either overtly or covertly/secretly or through the use of non-state actors.
  • Many International Law experts are of the opinion that State sponsored terrorism is one of the oldest forms of terrorism and has been used since times immorial by many countries.
  • A perfect example of a country, which is accused of promoting state sponsored terrorism is IRAN, which has often used its most alite Army unit, known as the revolutionary guards, to spread terror both inside and outside Iran.
  • It has also been stated that, Iran has also used a banned terrorist organisation called the Hezbollah for targeting both individuals and countries which are seems to be anti-Iran.
  • It has also been alleged that Hezbollah is often used as a hit square by the Iranian Government to kill opponents and important leaders outside Iran.
  • It is also alleged that Hezbollah is directly aided, funded and trendy by the revolutionary guards.
  • Hezbollah is therefore a banned terrorist organization in many countries of middle east and of the European Union.
  • Since 1948, the State of ISRAEL has often used its secret services and military organizations to carry out covert and illegal operations throughout the World.
  • These agencies are as follows:
    1. Mossad (Israeli Secret Service)
    2. Shin Bet
    3. Aman
    4. Sayeret Matkal
  • A classical example of such an Israeli covet operation was the capture and subsequent trial of Adolf Eichmann, a Nazi War criminal from Boenos Aires, Argentina in 1960.
  • Another classical example was the "Operation of Spring of Youth" and "Operation Wrath of God" , which was planned and executed by various agencies and departments of the Israeli Government in response to the Munich Massacre of 1972.
  • Another classical example of the investment of Mossas in carrying out covert operations is "Operation Entebbe" in 1976.
  • The Israeli Government is also accused of State sponsored terrorism in Iran.
  • The Iranian Govt. has routinely claimed that top Iranian nuclear scientists, working at the Bushehr Nuclear Weapon Program, near Tehran in Iran are routinely killed or kidnapped by the Mossad.
  • IMP - The Iranian Govt. has also alleged that, the senior most commander of the revolutionary guard Qasim Suleimani, who was assigned near the Bagdat airport in March 2020 was jointly killed in a military operation by the CIA (Central Intelligence Agency, America) & Mossad.
  • Iran has also accused Israel of using the Jundallah, Abu Nidal & Abu Youssef terrorist organization who are Pro Sunnis to attack and assationate Shia leaders of Iran.

Pakistan & State Sponsored Terrorism

  • Since 1948, Pakistan has been accused of sponsoring terrorism and state sponsored terrorism and it is alleged that the Pakistan is allegedly a safe heaven for the following organization.
    1. Harkat-ul-Mujahideen
    2. Jaish e-Mohammad
    3. Lashkar e-Taiba
    4. Tehreek e-Taliban e-Pakistan
    5. Lashkar-e-Jhangi- E- Punjabi
       
  • It is alleged that most of these groups are trained and are taught in the Madrassas of Lahore, Peshawar, Quetta & Multan.
  • People of these groups are termed as Lashkars or Mujhaddin, who are also known as freedom fighter under Islam.
  • It is also alleged that many of these organizations received arms, ammunition, weapons & training from the Pakistani secret service, the ISI (Inter Service Intelligence), for supporting radical elements in Kashmir & suppressing the freedom movement of the Balochis in Pakistan.
  • Since 1980, it is alleged the Pakistani Govt. has been running extensive covert operations in Afghanistan, first to help the Afghan Mujahideen & then the Taliban from 1996.
  • Further, since the 1980s to prominent & draded terrorist groups have been operating in Afghanistan & Pakistan with the help of the ISI namely Gulabadden Hekmatiyar, Jalaluddin Haqqani.
  • It is also alleged that the Pakistani Govt. also ran a covet Nuclear Weapons Program, under the leadership of Abdul Quadir Khan, so as to spread nuclear terrorism throughout the world.

Pakistan & Balochistan

  • Balochistan is the largest province of Pakistan & controls most of the oil & natural gas resources in Pakistan.
  • However, the people of Balochistan, the Balochi have been fighting for a separate homeland called Balochistan since 1948.
  • The Balochi have always contended that they have a distinct identity, culture & even religious practices and that they were captured by Pakistan by force in 1948.
  • Since the 1970s, a Balochi rebel group & the Baloch liberation Army under Akbar Khan Bugti have been fighting against the Sunni dominated Pakistani Govt.
  • The Pakistani Govt alleged that it is the Indian secret service RAW which arms & finances the Balouch rebels in Balochistan.

India & Terrorism

  • According to a lot of Indian jurists, Indian has been one of the biggest victims of terrorism & has specifically been facing the problems of terrorism since 1989.

Pakistan & Proxy War against India
  • Indian legal experts as specifically pointed out towards the fact that 1989 the Pakistani establishment has been running a full scale proxy war in the Kashmir Valley through the help of non state actors, who have been specifically trained in the terrorist camp, in Pak-Occupied Kashmir (PoK), allegedly by the Pakistani Secret service, the ISI (Inter Service Intelligence), along with the support of the Pakistani Army the Govt. & the Pakistani deep state.
  • The Indian Govt. has also accused the Pakistani Govt. of coming of with a false narrative & story about Kashmir in order to win the support of the International Community.
  • The Indian Govt. has also alleged that the Pakistani Govt. has always been supporting pro Pakistani elements in India, including the Khalistani movement in Punjab in 1980s, & banned terrorist organizations, operating in India
  • Since 1989, the ISI has been financing the army, aiding & abetting these non-state actors in every way possible.
  • Even in the Kargil war of 1999, it was alleged that these non-state actors had been helped by the Pakistani Govt. & that, the Pakistani army has used these agencies to fight a proxy war in the Kashmir Valley against the Indian forces.

India & Balochistan - Allegations by Pakistan
  • The Pakistani establishment since the 1970s has accused the Indian Govt., of supporting insurgency & Bolouch rebels, within Balochistan.
  • The Pakistani Army has alleged that, the Indian forces have been constantly targeting Pakistani Army convoice in Balochistan, destroying Pakistani oil fields & running a low scale proxy war, against the Pakistani Govt.
  • Both the countries have stated that the other one is the biggest exporter of State sponsored terrorism.
  • However, on 12th January, 2022, ironically the Sindh High Court categorically started that the Pakistani Army is the biggest Bully, land grabber (illogically occupying land) and institution of terrorism in Pakistan.
  • IMP- This decision is in line with an earlier judgement of the Lahore High Court.

Changing Dynamic Of State Responsibility & The Doctrine Of Non-Intervention In 2020-21

  • The entire dynamics of International relations & politics in 2020 & 2021 has undergone a tremendous change, only because of the fact that seems the outbreak of the COVID-19 Pandemic, the entire dilitics & dynamics of International Law, policy & relations has undergone a tremendous change.
  • Countries are being asked to behave in such a way, which will not harm the territorial sovereignty & integrity of another State.
  • Further, States are asked not to allow their territory to be used for any harmful activity or illegal act which may hamper the rights of another country.
  • In this regard, China has heavily been criticized since 2020 on the grounds that - by not disclosing critical information. It has blatantly violated the territorial sovereignty & integrity of a host of States.
  • Leading International Law experts had also pointed out the fact that China was the epicenter of the COVID-19 Pandemic, & that it did not comply with International agencies, including the UN & WHO while cooperating during the COVID-19 Pandemic.
  • The Chinese administration was also accused of helping rogue regimes in Africa and Myanmar in coming to power and even legitimacy which is a clear contravention and violation of Article-2(4) of the UN Charter.
  • There is a legal maxim called "sic utere tuo ut alienum non legus", which means use your property in such a way, so as not to harm the property or rise of another individual.
  • Further, the Chinese Govt. also forced other countries to purchase faulty medicines & kits from China which later turned out to be a complete loss for all the country.
  • In this regard China had willfully neglected its duty of acting in a way of not cooperating with international agencies or countries to redress the disputes.
  • China had also openly killed the Rohingya Muslims and was interfering with the efforts of International agencies of knowing about the status of the Rohingya Refugees.
  • China had also violated the substantiative provisions of the Genocide convebtions and had allowed its territory ti be used for International crime including genocide and war crimes which are illegal under the genocide convention.

State Responsibility & Pakistan During Covid 19 Pandemic

  • During the covid 19 pandemic, the deep state of Pakistan was also responsible for running extensive covert operations to support the Afghan Taliban and Pakistan Taliban, especially considering the fact from 2002 to 2014, the Pakistani Government had blocked and banned the Taliban government and had helped the US coalition courses to come to power and install a puppet regime in Afghanistan.
     
  • Further from march to august 2021, the Pakistani secret service called ISI, specialized units of the Pakistani army northern light infantry regiment had covertly supported the Taliban under Mulla Mohammad Biradar and Haibatullah Akhundzada to come to power in Pakistan in Afghanistan by our throwing them legitimately elected government of Mohammad Ashraf Ghani.
     
  • The Pakistani role in supporting the Taliban also becomes much more clear because the Pakistani administration was one of the first regimes to recognize the Taliban Government
     
  • Further the role of the Pakistani administration became much more clear When the Prime minister of Pakistan Imran Khan calls the Taliban terrorist freedom fighters and appeal to the international community to recognize the Talibani regime.
     
  • It has also been alleged that the Taliban administration routinely receives support from madrassas and the Pakistani army, not western command in Peshawar.
     
  • Further the prime minister of Pakistan Imran Khan had himself agreed that forty thousand freedom fighters or Mujahidin, who were unfortunately designated as terrorists by the international community are living in Pakistan.
  • Pakistan is under the obligation of respecting the territorial sovereignty and integrity of other states and not allowing its territory to be used for illegal or covert activities against other countries.
  • In 2001, the united nation had come out with a law called ILC, Draft articles on state responsibility under which it is expressly prohibited for the state to undertake any action which may violate the substantive right of other states.
  • In this regard, it can be presumed beyond reasonable doubt that Pakistanis have also violated the Substantive provision of ILC Draft articles.
  • Further Pakistan during the covid 19 Pandemic has also violated art 2(4) of UN Charter, by running extensive covert operations throughout, south Asia, and especially in Afghanistan.
  • Pakistan has also violated the legal maxim "sic utere tuo ut alienum non leads" its territory and resources to be used for illegal activities under the paradise of international law.

Place & Position Of Individual

  • According to an international law expert in the 19th-century, public international law did not bind the conduct of individuals but was rather concerned with the conduct of countries
  • Certain other legal experts including Bentham, and Kelson were of the opinion that because International law is not a law only, it does not bind prime facie conduct of individual
  • This position continued until the 2nd World war
  • After the 2nd WW international humanitarian law developed and a series of laws and conventions were signed including the Geneva convention and UDHR and it's two additional protocols
  • Further development of international criminal law very clearly pointed out a fact that individuals can be tried for a specific crime, genocide, war crimes, crimes against humanity, and crime of aggression.
  • The development is clear-cut proof that individuals now have a special place under Public International law and specific law (IHC) and (ICC) seeks to protect the rights of individuals under the domain of Public International law.

Decision Of ICJ V. The Position Of Nationals

  • The ICJ in a very famous case called Nottebhom's case involving Liechtenstein and Guatemala in 1951 categorically stated that the state may take up the cause of individuals and their substantive rights are violated under International law.
     
  • And on this ground India had also filed a case against Pakistan in ICJ on the Issue of Kulbhushan Jadhav.
     
Judgment of nottebohm case:
  • Nottebohm's case (Liechtenstein v. Guatemala)
  • Nottebohm (P), was born in Germany in 1881, lived in Guatemala (D) for 34 years, retaining his German citizenship and family and business ties with it. He however applied for Liechtenstein (P) citizenship (in 1939) a month after the outbreak of World War II. Nottebohm (P) had no ties with Liechtenstein but intended to remain in Guatemala. The naturalization application was approved by Liechtenstein and impliedly waived its three-year. After this approval, Nottebohm (P) traveled to Liechtenstein and upon his return to Guatemala (D), he was refused entry because he was deemed to be a German citizen. His Liechtenstein citizenship was not honored.
  • Liechtenstein (P) thereby filed a suit before the International Court to compel Guatemala (D) to recognize him as one of its nationals. Guatemala (D) challenged the validity of Nottebohm's (P) citizenship, the right of Liechtenstein (P) to bring the action, and alleged its belief that Nottebohm (P) remained a German national.
  • ICJ held that nationality was a legal manifestation of the link between person and state granting nationality and recognition that person was more closely connected with that state than with any other state
  • The court agreed with Guatemala and held that claims by Lichtenstein were inadmissible. Although the Court stated that it is the sovereign right of all states to determine its citizens and criteria for becoming one in municipal law, such a process would have to be scrutinized on the international plain in questions of diplomatic protection.
  • The Court upheld the principle of effective nationality, where the nation must prove a meaningful connection to the state in question. This principle was previously applied only in cases of dual nationality to determine which nationality should be used in a given case. However, Nottebohm had forfeited his German nationality and thus only had the nationality of Liechtenstein.
Written By: Shashwata Sahu, Advocate, LL.M., KIIT School of Law

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of th...

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Whether Caveat Application is legally pe...

Titile

Whether in a criminal proceeding a Caveat Application is legally permissible to be filed as pro...

The Factories Act,1948

Titile

There has been rise of large scale factory/ industry in India in the later half of nineteenth ce...

Constitution of India-Freedom of speech ...

Titile

Explain The Right To Freedom of Speech and Expression Under The Article 19 With The Help of Dec...

Copyright: An important element of Intel...

Titile

The Intellectual Property Rights (IPR) has its own economic value when it puts into any market ...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly