Introduction to Terrorism

Terrorism is, in the broadest sense, the use of intentional violence, generally against civilians, for political purposes. It is used in this regard primarily to refer to violence during peacetime or in context of war against non-combatants (mostly civilians and neutral military personnel).
There are over 109 different definitions of terrorism. American political philosopher Michael Walzer in 2002 wrote: Terrorism is the deliberate killing of innocent people, at random, to spread fear through a whole population and force the hand of its political leaders.�[1]

Experts disagree about whether terrorism is wrong by definition or just wrong as a matter of fact; they disagree about whether terrorism should be defined in terms of its aims, or its methods, or both, or neither; they disagree about whether or not states can perpetrate terrorism; they even disagree about the importance or otherwise of terror for a definition of terrorism.[2]

In November 2004, a Secretary-General of the United Nations report described terrorism as any act intended to cause death or serious bodily harm to civilians or non-combatants with the purpose of intimidating a population or compelling a government or an international organization to do or abstain from doing any act. The international community has been slow to formulate a universally agreed, legally binding definition of this crime.

History

The term terroriste, meaning terrorist, was first used in 1794 by the French philosopher Fran�ois-No�l Babeuf, who denounces Maximilien Robespierre's Jacobin regime as a dictatorship.
Modern terrorism began with the French revolution and has evolved ever since. The most common causes or roots of terrorism include civilizations or culture clashes, globalization, religion, Israeli-Palestinian conflict, or the Russian invasion of Afghanistan. Most personal or individual-based reasons for terrorism are frustration, deprivation, negative identity, narcissistic rage, and/or moral disengagement.

Terrorism: In India

The 8th report on terrorism in India published in 2008 defined terrorism as the peacetime equivalent of war crime. An act of terror in India includes any intentional act of violence that causes death, injury or property damage, induces fear, and is targeted against any group of people identified by their political, philosophical, ideological, racial, ethnic, religious or any other nature. This description is similar to one provided by the �United Nations' in 2000.

The Indian government uses the following working definition of terrorism, same as one widely used by Western nations as well as the United Nations, proposed by Schmid and Jongman in 1988.

�Terrorism is an anxiety-inspiring method of repeated violent action, employed by (semi-) clandestine individual, group or state actors, for idiosyncratic, criminal or political reasons, whereby the direct targets of violence are not the main targets. The immediate human victims of violence are generally chosen randomly (targets of opportunity) or selectively (representative or symbolic targets) from a target population, and serve as message generators. Threat and violence-based communication processes between terrorist organization, victims, and 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.�

Terrorist and Disruptive Activities (Prevention) Act

Terrorist and Disruptive Activities (Prevention) Act, commonly known as TADA, was an Indian anti-terrorism law which was in force between 1985 and 1995 (modified in 1987) under the background of the Punjab insurgency and was applied to whole of India. It came into effect on 23 May 1985. It was renewed in 1989, 1991 and 1993 before being allowed to lapse in 1995 due to increasing unpopularity after widespread allegations of abuse. It was the first anti-terrorism law legislated by the government to define and counter terrorist activities. [3]

The Act's third paragraph gives a very thorough definition of terrorism: �Whoever with intent to overawe the Government as by law established or to strike terror in the people or any section of the people or to alienate any section of the people or to adversely affect the harmony amongst different sections of the people does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biological or otherwise) of a hazardous nature in such a manner as to cause, or as is likely to cause, death of, or injuries to, any person or persons or loss of, or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community, or detains any person and threatens to kill or injure such person in order to compel the Government or any other person to do or abstain from doing any act, commits a terrorist act.�

The Supreme Court has held that mere membership of a banned organization does not make the member liable for the punishment under this Act. [4]

How have other countries handled it?

West Germany: Red Army Faction

In the 1970s and '80s, the most dangerous terrorists in Europe were associated with Marxist and other left-wing revolutionary groups. One of the first of these violent groups to form was the Red Army Faction (RAF), also known as the Baader-Meinhof Gang. Operating mostly in West Germany throughout the 1970s, the RAF directed its terrorist acts at American imperialism. Targets included the U.S. military as well as German political and business leaders. The Red Army Faction carried out bombings, shootings, kidnappings, and bank robberies. From 1970 to 1979, the RAF killed 31 persons, injured about 100, took 163 hostages, and was responsible for 25 bombings. Among those killed were the attorney general of West Germany, the head of a national employer association, and several American soldiers stationed in West Germany.

The West German government responded to the terrorist threat in different ways. One early anti-terrorist measure required all government employees to take a loyalty oath. But this measure was soon criticized as a pointless intrusion into people's lives and was virtually abandoned.

In 1976, West Germany made it a crime to establish a terrorist organization. Other changes in the law increased police powers. With court approval, the police could search entire apartment buildings for suspected terrorists. The police could also establish checkpoints on roadways to stop traffic and inspect the identification of travelers. The West Germans expanded their intelligence gathering agencies. They also organized a crack anti-terrorist reaction unit. This unit could reportedly assemble in 15 minutes and deploy anywhere in the country within an hour with high-speed helicopters, special land vehicles, and high-tech weapons.

By the early 1980s, most Red Army Faction members were either dead or in prison. The success of this West German anti-terrorist effort was due mainly to good intelligence and police work that did not seriously threaten the civil liberties of the people.

Italy: Red Brigades

The Red Brigades began forming in Milan auto factories around 1970. These revolutionary groups were led by Marxist university students who believed that the workers were ready to rise up against their capitalist masters. Soon the Red Brigades started committing major terrorist acts throughout Italy. They participated in kidnappings, bombings, political assassinations, and shootings. A favorite tactic was kneecapping shooting victims in the legs to permanently cripple them.

During the 1970s and early 1980s, Red Brigade terrorists committed more than 10,000 acts of political violence, killing over 400 people. This group's most notorious act was the kidnaping and murder of Aldo Moro, the former leader of Italy. His brutal killing ended whatever sympathy Italians had for the Red Brigades.

Nearly four years later, Red Brigade terrorists kidnaped General James Lee Dozier, the American NATO commander. But by this time, Italian anti-terrorist intelligence units were closing in and Dozier was rescued.

As Red Brigade violence grew during the 1970s, the Italian government increased the authority of police to stop, search, and detain terrorist suspects. Individuals who refused to identify themselves could be held and questioned for up to 24 hours without having a lawyer present. Restrictions on telephone wiretaps were eased. It became a crime to join, organize, or promote any group seeking to overthrow the democratic system through violence.

One of the most successful tactics used by the Italian government was to reduce the sentences of convicted terrorists if they volunteered information about Red Brigade leaders and activities. Many youthful Brigade members, facing decades behind bars, chose to cooperate with the authorities. Consequently, the Red Brigade movement began to collapse. Over 800 members were arrested following the rescue of Dozier in January 1982.

By the mid-1980s, the Red Brigades were nearly extinct. As in Germany, the Italian government managed to wipe out a dangerous terrorist threat with minimal disruption to the rights of ordinary citizens.

Northern Ireland: Protestants vs. Catholics

In the 1920s, the British Parliament divided Ireland into two parts. It granted independence to most of the island, which formed the Irish Republic. Its population is more than 90 percent Catholic. It retained, however, the northern six counties as part of Great Britain. Northern Ireland, also called Ulster, is about 60 percent Protestant and 40 percent Catholic.
Since the partition of Ireland, the Protestants and Catholics in Ulster have sought different political goals. The Protestant majority, which dominates the Ulster government, wants Northern Ireland to remain a part of Great Britain. The Catholic minority, which fears discrimination by the Protestants, wants Northern Ireland to unify with the independent nation of Ireland. If this were to happen, the Protestants would become the minority. They fear they would then be subject to Catholic discrimination.

Over the past 25 years, terrorists have killed more than 3,000 persons in Northern Ireland. About 800 bombings have taken place. While most of the terrorism has occurred in Northern Ireland, bombings and other violent acts have also been carried out on the British mainland.

The Northern Ireland (Emergency Provisions) Act, passed by the British Parliament in 1978, granted significant powers to the army, police, and prosecutors. Under certain circumstances, police may conduct searches and arrests without warrants. Police may detain suspected terrorists for up to 72 hours before bringing them before a judge. Jury trials in criminal cases have been abolished because terrorist groups have intimidated jurors. During trial, prosecutors may submit evidence by affidavit instead of calling witnesses to testify in person. The burden of proof in illegal firearms possession cases is placed on the defendant.

Britain also passed a Prevention of Terrorism (Temporary Provisions) Act, which has been renewed annually since 1974. This act outlaws certain groups that have advocated violence, such as the Irish Republican Army (IRA). The act also authorizes the detention of suspects without charge for up to seven days.

Israel: A Target of Terror

Perhaps no nation on earth has had more experience in combating terrorism than Israel. Numerous groups oppose the existence of Israel or its policies toward the Palestinians. Over the years, Israelis have suffered deadly ambushes, car bombings, suicide attacks, and airline hijackings from these and other terrorist groups.

To counter these threats, the Israeli government has established extensive intelligence gathering and security systems. The Mossad, the Israeli intelligence agency, maintains extensive files on suspected terrorists and terrorist groups. It uses agents to infiltrate the groups to gather information or spread disinformation. It also employs controversial tactics including assassinating leaders and preemptive strikes on terrorist groups.

Passengers are subjected to intense scrutiny before they board an El-Al flight. Agents carefully examine suitcases, often removing all articles and checking them individually. Agents also thoroughly interrogate each passenger, asking whether the person has ever been to Israel before, where the person is going, where the person is going after the visit, and who packed the passenger's bags. Armed, undercover Israeli security agents, trained to stop hijackers, fly on every plane. To keep any hijacker from taking over a plane, the cockpit door is locked once the pilot enters.

Conclusion
To counteract the growth of terrorism and the inhuman meaningless killing innocent, peace loving people, governments all over the world must crack on this menace and condemn all terrorist acts as criminal. What is more, the terrorists cause must not pay; political blackmail must not get results. While every effort should be made for peaceful results there must be no flinching from using force when necessary. Punishments for convicted terrorists must not be light. Most of all, the publicity which terrorists receive on such a massive scale must never give. If the terrorists acts are neither acknowledged nor flaunted abroad with great fanfare, their balloons will be pricked and their causes death.

End Notes
[1] Robert Mackey (November 20, 2009). Can Soldiers Be Victims of Terrorism?
[2] Jenny Teichman (1989). How to Define Terrorism
[3] (THE) Terrorist and Disruptive Activities (PREVENTION) ACT, 1987
[4] Arup Bhuyan Vs. State of Assam- Criminal Appeal No. 889 of 2007

Sources
#en.wikipedia.org/wiki/Terrorism
#Arup Bhuyan vs. State of Assam
# (THE) Terrorist and Disruptive Activities (PREVENTION) ACT, 1987

Written by: Aman Raj (Student), KR Mangalam University, Harayana
Email: [email protected]