Organisational Law Aspects of Anti-Terrorist Action Cover Image

Pravno organizacioni aspekti anti-terorističkog delovanja
Organisational Law Aspects of Anti-Terrorist Action

Author(s): Radoslav Gaćinović
Subject(s): International Law, Peace and Conflict Studies
Published by: Institut za uporedno pravo
Keywords: Terrorism; anti-terrorism; terroristic activities; International law;

Summary/Abstract: Bearing in mind the latent danger from modern terrorism in the XXI century, it is necessary to adopt a generally acceptable definition of terrorism, which would constitute the basis for the beginning of antiterrorist activities without applying double standards. In addition to the generally acceptable definition of terrorism on the UN level, identical rules regarding antiterrorist activities must be put in place and the relation towards all types of terrorism must be the same. It must always be borne in mind that terrorism cannot be simply eradicated, but that, rather, international consensus of all under UN guidance and general determination on global level can only put terrorism under control. International antiterrorist legal acts constitute an attempt at incriminating terrorist activities by the UN and sovereign states on their territories. Therefore, international law determines a relatively coherent legal framework of international action for combating terrorism, a delictum sui generis, the history of which is closely linked to the history of political crime. However, the author finds that, so far, these documents have failed to yield the expected results in combating terrorist activities. It is apparent that states are becoming an obstacle for the implementation of these documents, thus blunting the edge of efficient antiterrorist action. Even though in international law terrorism is treated as the violence of natural persons acting individually or in groups, the author thinks that states can also be responsible for terrorist action of individuals – if they actively support them or tolerate their activities. Consequently, states should also bear the main responsibility, which has not been applied in practice by international legal documents dealing with terrorism. This paperis an attempt to once again bring attention of the international and national general public to the importance of antiterrorist legal documents, together with a warning that is futile to adopt documents that are not applied in practice.

  • Issue Year: 2008
  • Issue No: 3
  • Page Range: 27-57
  • Page Count: 26
  • Language: Serbian