The second part of the article of Pan. Carnation
Of course, there are many who disagree on whether these actions constitute terrorism. Besides, "terrorism" was used against colonialism and imperialism (of whatever hue and origin, red, black, etc.) Were the Americans or the Cypriots, when they were fighting the British colonialists, terrorists? In the category of state terrorism we have examples in the totalitarian regimes of Mussolini, Hitler, Stalin, Franco, Pinochet, as well as in Iraq, Israel, China, Libya, Turkey, etc. Also the actions of "national cleansing" in the former Yugoslavia as well as those of the USA in South American countries etc. As far as parastate terrorism is concerned, there is no beginning and no end, and its research and study is objectively very difficult.
From the above brief analysis, it is clearly demonstrated that terrorism is a multi-faceted and very serious problem that dominates the international community, and dealing with it is also a key issue, the solution of which constitutes the decisive catalyst in international relations. In this case we will deal with the problem of international terrorism, that is, when terrorism crosses national borders or has international implications.
The ICC was the first international organization to deal with the problem of international terrorism. After the assassination of King Alexander of Yugoslavia in France in 1934, the ICC adopted a Convention for the Establishment of an International Criminal Court. The court itself was not established, but it was the prelude to the creation of the Nuremberg and Yokohama military courts. Much later, in 2002, the International Criminal Court in The Hague was established.
The UN also from the first years of its establishment dealt and continues to deal with the problem of international terrorism. In 1946 the General Assembly adopted the "Nuremberg Principles" and instructed the International Law Commission to formulate them into rules of law. Also, the crime of genocide related to terrorism was the subject of special research and study and resulted in the adoption by the General Assembly of the Convention on Genocide in 1948. In order to study the relationship between terrorism, genocide, the attempts to define "unprovoked attack" and the creation of a code of "Attacks against the Peace and Security of Mankind", the General Assembly adopted resolution 489 (V) to establish a committee to elaborate the statute of the International Criminal Court. Essentially, however, during the 1960s the UN systematically dealt with the problem of international terrorism and since 1963 various relevant Conventions have been signed to deal with it.
In 1972 the UN General Assembly set up a special 35-member committee (Ad hoc) to study the views of Member States regarding how to deal with the problem. The Committee met for the first time between July and August at the Organization's Headquarters in New York, but was unable to reach an agreement on the issue of recommendations to the General Assembly to deal with the problem and was thus limited to submitting a report that contained only a summary of general discussion. In 1976 the General Assembly asked the Commission to continue the work entrusted to it by expressing its "deep concern at the increasing acts of international terrorism which endanger or take the lives of innocent people or compromise fundamental freedoms". It also urged states to seek "just and peaceful solutions to the generative causes of international terrorism", while supporting the legitimacy of struggles for national liberation of all peoples under colonial or racist regimes and other forms of foreign occupation, and condemned oppressive and terrorist acts by such regimes.
In 1977 the Commission met again and agreed that there was a general affirmation of the inalienable right to self-determination and independence of all peoples under colonial and racist regimes and other forms of foreign rule, but still could not reach agreement on making recommendations to GS. During the debate, many placed special emphasis on the legitimacy of the struggles of national liberation movements, thus making a distinction between various categories of "terrorist" acts. Some argued that there should be no exception to the condemnation and suppression of terrorist acts, regardless of their causes or purposes. Others felt that terrorist methods used by some governments and states should be included in the categories of terrorist acts. For the first time there is a reference to state terrorism. Some emphasized the need to take measures at the national level and underlined the responsibility of the Organization's Member States to ensure the smooth functioning of diplomatic missions and to prevent terrorist acts. In particular, they pointed out the need to take measures against organizations or groups within the state that support or encourage terrorist activity. Having failed to reach an agreement on the subject of recommendations to the General Assembly, due to the disagreement of its members, who represented different political and social systems and interests, the Commission suspended its work and resumed it in 1979.
In the meantime, on November 22, 1977, the Sixth Committee of the General Assembly (Legal) discussed the report of the above Committee. After the exchange of views of various delegations, on December 9 the Legal Committee, with 89 votes in favor, 9 against and 24 abstentions, adopted a draft decision according to which the General Assembly urges States "to continue to seek just and peaceful solutions to the causes that provoke such acts of violence", while at the same time supporting the "legitimacy of national liberation struggles and condemning the continuation of oppressive and terrorist acts by colonialist, racist and foreign regimes that deny peoples the legitimate right to self-determination". The representative of the PLO took part in the debate as an observer and referred to the problem of state terrorism.
Goes on
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