Author: Dr. Ashok Kuma

Publisher: K.K. Publications

Published: 2021-08-03

Total Pages: 478

ISBN-13:

Book Summary This book on Dynamics of Global Terrorism covers the various aspects of global terrorism. The problem of terrorism is not a recent one but is as old as human civilization. It deals with the problem of terrorism which is a complex problem having international dimensions and is affecting the international relations of the countries in recent times. Terrorism is considered as a method whereby organized groups seek to achieve its vowed in chiefly through the systematic use of violence. The book discusses the gravity of the problem of terrorism both at the National as well as International level, a profile of ‘terrorists’ and terrorist’s organizations, weapons used by terrorists, designated and non-designated terrorist organizations, legal principles against terrorism. The book also discusses the concept of terrorism, the definition of terrorism, causes and effects of terrorism, kinds and methodology of terrorism, the global scenario of terrorism and efforts to combat, terrorism in India specially the issue of Kashmir and North-East states. Insurgency and Naxalism in some parts of the country, statutory safeguards for prevention, control and abatement of terrorism, terrorism vis a vis human rights violation, the role of the judiciary in combating terrorism and for the prevention, control and abatement of terrorism menace. Some suggestions are also offered:- such as the launching of a national campaign for eradication of terrorism, formulation of a special national law on terrorism, organization of the comprehensive and integrated system of security, national awakening about terrorism and terrorists, formulation of citizen security bill, the introduction of national identity cards for citizens, implementation of national e-governance grid, accelerated development of terrorist affected zones, employment to the youth in terrorist affected areas, mobilization of the public in the fight against terrorism, the establishment of peace missions, posting of honest and brave officers in terrorists affected areas and sufficient coordination between enforcement and intelligence agencies. Table of Contents Chapter-I INTRODUCTION 31-50 A. Historical Perspective B. Problem of Terrorism at Global Level 1. the Terrorism Sponsoring States 2. Terrorism Affected States 3. Gravity and Extent of Problem of Terrorism4. Profile of Terrorist Organisations (a) Designated Foreign Terrorist Organisations (i) Liberation Tigers of Tamil Eelam (ii) Kach and Kahane Chain (iii) Kurdistan Worker’s Party (iv) Abu Nidal Organsiation (v) Abu Sayyaf Group (vi) Armed Islamic Group (vii) Aum Supreme Truth (viii) HAMAS (ix) AL-Gama’a AL-Islamiyya (x) Basque Fatherland and Liberty (xi) Islamic Movement of Uzbekistan (xii) Japanese Red Army (xiii) Hizbulla (Party of God) (xiv) Harkat-Ul-Mujahideen (xv) Al-Jihad (xvi) Mujahideen-e-Khalg Organisation (xvii) National Liberation Army (xviii) The Palestine Islamic Jihad (xix) The Palestine Liberation Front (xx) Popular Front for Liberation of Palestine (xxi) Al-Qaida (xxii) Popular Front for the Liberation of Palestine General Command (xxiii) Revolutionary Armed Forces of Colombia (xxiv) Revolutionary People’s Liberation Party/Front (xxv) Revolutionary People’s Struggle (xxvi) Sendero Luminoso (SL) (xxvii) Tapac Amaru Revolutionary Movement (xxviii) Revolutionary Organization 17 November (17N) (xxiv) Revolutionary Nuccelep (RN). (xxv) Shiping Path (SP). (xxvi) United Self-Defence Force of Colmbia (AUC). (xxvii) Ansar al-Sunnah. (xxviii) Asbat al- Ansar. (xxix) Aum Shinrikyqo. (xxx) Jamat-ud-Dawa (b) Non-Designated Foreign Terrorist Organsiations (i) Alex Boncayao Brigade (ii) Army for the Liberation of Rwanda (iii) Irish Republican Army (iv) First of October Anifascist Resistance Group (v) Jaish-e-Mohammed (vi) Lashkar-e-Tayyba (vii) Loyalist Volunteer Forces (viii) New People’s Army (ix) Organe Volunteers (x) Real I.R.A. (xi) Red Hand Defenders (xii) Revolutionary United Front 5. Background of Terrorist (i) Age (ii) Sex (iii) Education (iv) Marital Status (v) Origin 6. Weapons used by Terrorists (i) Nomenclature of the Weapons (ii) Cost of Weapons and Explosives41 C. Problem of Terrorism at National Level 1. Origin of Terrorism in India. 2. Gravity of Problem of Terrorism. 3. Terrorist Organisations. D. Legal Principles against Terrorism 1. International Legal Principles 2. National Principles E. Review Chapter-II MEANING AND DEFINITION OF TERRORISM 51-84 A. Introduction B. Meaning and Definition of Terrorism 1. Concept of Terrorism (i) Terrorism (ii) Terrorists (iii) Terror 2. Defining “Terrorism” (i) General Definition of Terrorism (ii) International Definition of Terrorism (iii) Definition of Terrorism given by International Jurists/ Eminent and Noted Persons (iv) Definition given in Some Dictionaries & Websites (v) Definition given by Some States (vi) Definition given in Various Laws (vii) Confusion and Controversies C Terrorism and Other Related Terms 1. Related Terms (i) Militancy (ii) Extremism (iii) Insurgency (iv) Revolutionary (v) Mercenary 2. Distinction between Terrorism and Other Terms (i) Terrorism and Insurgency (a)National and International (b)Operations and Planning (c) Authoritative and Non-Authoritative Ideology (d) Geographical Locations : Urban-Rural (ii) Militancy and Terrorism (iii) Terrorism and Guerrilla iv) Guerrilla and Insurgency (v) Terrorist and Freedom Fighter (a)Objectivity and Goals (b) Nature and Intention (c) Scope and Area (d) Colonialism and Decolonialism (vi) Terrorists and Soldiers (vii) Terrorists and Criminals D. Review Chapter-III CAUSES AND EFFECTS OF TERRORISM 85-100 A. Introduction B. Factors Responsible for Origin of Terrorism (i) Socio-Economic Factors (a) Unemployment (b) Illiteracy (c) Poverty (d) Homelessness, Desperation and Lack of Opportunities (e) Wrong Policies of the Government (f) Accumulation of Wealth in Few Hands (g) Deprivation of Basic Rights and Violation of Fundamental Freedoms (ii) Political Factors (iii)Regional Disparities C. Emergence of Global Terrorism : Root Causes (a) Soft State (b) No Action against the States-Sponsoring Terrorism (c) Double Standards (d) Non-Implementation of U.N. Principles (e) Powerless Police and Security-Agencies D. Effects of Terrorism (i) Political Effects (ii) Economic Effects (iii) Social Effects E. Review Chapter-IV KINDS AND MODUS OPERANDI OF TERRORISM 101-140 A. Introduction B. Terrorism : Different Kinds (i) International Terrorism (ii) State Terrorism (iii) State-sponsoring Terrorism (a) Iran (b) Iraq (c) Syria (d) Libya (e) Cuba (f) North Korea (g) Sudan (iv) Regional Terrorism (v) Fanatic Terrorism (vi) Narco-Terrorism (vii) Urban Terrorism (viii) Domestic Terrorism (ix) Political Terrorism (x) Suicidal Terrorism (xi) Chemical and Biological Terrorism (xii) Nuclear Terrorism (xiii) Ideological Terrorism (xiv) Cross-border Terrorism C. Modes Operandi of Terrorists (i) Hijacking (ii) Kidnapping (iii) Assassination (iv) Bombing (a) Letter Bomb (b) Parcel Bomb (c) Suitcase Bomb (d) Shopping Bag Bomb (e) Car Bomb (v) Human Bomb (vi) Travelling and Mobility (vii) Explosives (viii) Hand grenades (ix) Hideout (x) Communication (xi) Identity cards (xii) Finance (xiii) Extortion, Robbery and Theft D. Review Chapter-V GLOBAL TERRORISM 141-183 A. Introduction B. Problem of Terrorism in Various Countries 1. Pakistan (i) General (ii) Terrorist Groups (iii) Religious Schools (iv) Jehad (v) Inter-Service Intelligence (ISI) (vi) Al-Qaida and Taliban 2. Bangladesh (i) General (ii) Terrorist Activities 3. Sri Lanka (i) General (ii) Origin and Composition of LTTE (iii) Major Strikes 4. United States of America (USA) (i) General (ii) Gravity of Problem of Terrorism (iii) Incidents of Terrorists Attacks 5. Afghanistan (i) General (a) Meaning of Taliban (ii) Role of Al-Qaida and Taliban (iii) Major Strikes 6. Chechnya (i) General (ii) Proxy war between Chechnya and Russia (iii) Chechen Warlord Shamil Basayev (iv) Major Terrorist Attacks 7. Russia (i) General (ii) Major Incidents 8. Israel-Palestine (i) General (ii) Role of Sheik Ahmed Yasin (iii) Key Incidents 9. Lebanon-Israel (i) General (ii) Major Strikes 10. United Kingdom (U.K.) (i) General (ii) Role of IRA (iii) Major Incidents 11. Tajikistan (i) General (ii) Terrorist Strikes 12. Uzbekistan (i) General (ii) Terrorist Attacks 13. Spain (i) General (ii) Major Terrorist Incidents 14. Algeria (i) General (ii) Gravity of Problem of Terrorism 15. Georgia (i) General (ii) Key Incidents 16. Armenia (i) General (ii) Key Incidents 17. Azerbaijan (i) General 18. Other States C. Legal Principles against International Terrorism (i)General 1. Air Craft Hijacking (i) The Tokyo Convention, 1963 (ii) The Haque Convention, 1970 (iii) The Montreal Convention, 1971 (iv) The Protocol to the Montreal Convention, 1988 2. The Marking of Plastic Explosives for the purpose of Detection Convention 1991. 3. The Taking of Hostages Convention, 1979 4. The S.A.A.R.C. Regional Convention on Suppression of Terrorism 1987. (i) Object (ii) Salient Features (a) Reorganization of Extradition (b) Inclusion of Serious Offence (c) Incompatible of Extradition (d) Extradition of Person Suspected (e)Notification and Information to Requesting States.(f) No Obligation of Extradition (g) Affording Mutual Assistance and co-operation 5. International Convention on Suppression of Terrorism 1997 (i) Object (ii) Major Offences (iii) Refrain From Commission of Terrorist Offence (iv) Procedure After Receiving Information (v) Affording of Mutual Judicial Assistance in Criminal Matters (vi) Consideration of Extraditable Offences 6. International Convention for Suppression of the Finance of Terrorism, 1999 (i) General (ii) Salient Features (iii) Offences (iv) Detection, Freezing and Seizure of Funds of Terrorists (v) Appropriate Measures against Terrorist by States (vi) Discharge of Obligation in Respect of Extradition (vii) Incompatible Extradition (viii)Affording Provision of Assistance in connection with Extradition/Criminal Investigations (ix) Transfer of a Detained or Serving Sentence Person (x) Co-Operation in Prevention of Offences (xi) Communication to Final Outcome About Offender to the Secretary General of the United Nations. (xii) Submission of Dispute to Arbitration 7. The S.A.A.R.C. Summit for Suppression of Network of Terrorism, 2007 (i) Object (ii) Place of Summit (iii) Salient Features (iv) Other Major Decisions 8. International Terrorism Conference, 2008 9. International Terrorism Conference, 2009 D. Some United Nations Resolutions against Terrorism (i) Resolution 46/51 to Eliminate International Terrorism, 1972 (ii) Resolution 49/60, 1999 (iii) Resolution 1373, 2001 E. Review Chapter-VI TERRORISM IN INDIA 184-250 A. Introduction 1. Terrorism in Jammu and Kashmir (i) General (ii) Problem of Terrorism (iii) Factors Responsible for Terrorism (a) Historical Factors (b) Political Factors (c) Socio-Cultural Factors (d) Economic Factors (iv) Terrorist Groups (v) Current Major Strikes 2. Problem of Terrorism in other States (i) General (ii) Punjab (iii) Uttar Pradesh (iv) Delhi (v) Maharashtra (vi) Tamil Nadu 3. Problem of Insurgency in North-East States (i) General (ii) Nagaland (iii) Manipur (iv) Assam (v) Tripura (vi) Mizoram (vii) Arunachal Pradesh 4. Problem of Naxalism (i) General (ii) Reasons for Growth of Naxalism (iii) Chhattisgarh (iv) Andhra Pradesh (v) Telengana (vi) West Bengal (vii) Bihar (viii) Jharkhand (ix) Orissa (x) Policy to Fight against Naxalism B. Review Chapter-VII STATUTORY SAFEGUARDS AGAINST TERRORISM 251-322 A. Introduction 1. The Terrorist Affected Areas (Special Courts) Act, 1984. (a) Object (b) Interpretation Clause (c) Special Courts (i) Establishment of Special Court (ii) Place of Sitting of Special Court (iii) Jurisdiction of the Special Court (d) Composition and Appointment of Judges of Special Courts (i) Composition (ii) Appointment (iii) Removal (e) Public Prosecutors (i) Appointment (ii) Qualification (iii) Acquaintance (f) Powers and Procedure of the Special Courts (i) Cognizance of Offences (ii) Summary Trial (iii) Equivalent Powers to Court of Session (iv) Trial of Other Offences (v) Conviction (g) Transfer of Cases : Powers of the Supreme Court (i) Power of the Supreme Court (ii) Power of Special Court (h) Protection of Witnesses (i) Proceeding in Camera (ii) Keeping the Identity and Address Secret (iii) Without Prejudice (iv) Punishment (i) Appeal (i) Appeal to Supreme Court (ii) No Appeal or Revision by other court (iii) Appeal within Prescribed Times (j) Miscellaneous Provisions (i) Modification of Provisions (ii) Follow of Procedure of Sections of Criminal Procedure Code (iii) Application of Section 438 of Criminal Procedure Code (iv) Release on Bail (v) Limitation of Bail (vi) Abolition of Certain Special Courts (vii) Overriding effect of the Act (viii) Presumption (k) Critical Appraisal of the Act. 2. The Terrorist and Disruptive Activities (Prevention) Act, 1987 (a) Objects and Reasons (b) Interpretation Clause (c) Punishment for Terrorist and Disruptive Activities (i) Punishment of Terrorist Activities (ii) Punishment of Disruptive Activities (d) Possession of Unauthorized Arms and Explosive Substances (e) Enhanced Penalties (f) Conferment of Powers (g) Attachment, Seizure and Forfeiture of Property (h) Designated Courts (i) Constitution of Court (ii) Transfer of cases (iii) Questions of Jurisdiction of Court (iv) Presiding Officer of the Court (v) Appointment of Additional Judge (vi) Qualification of Judges (vii) Removal of Doubts (viii) Distribution of Business (ix) Place of Sitting (x) Jurisdiction of Courts (i) Powers and Procedure of Designated Court (i) Power in Respect of Other Offences (ii) Cognizance of any offence (iii) Equivalent Power to Court of Session (j) Public Prosecutor (k) Confessions (i) Confessions to Police Officers (ii) Informed Confession (l) Protection of Witnesses (m) Appeals (i) Appeal to Supreme Court only (ii) No Appeal, no Revision by other Court (iii) Period for Appeal (n) Miscellaneous Provisions (o) Cognizance of Offences (p) Presumption as to Offences (q) Identification of Accused (r) Saving Clause (s) Overriding Effect (t) Protection of Action Taken under the Act (u) Power for Making Rules (v) Critical Appraisal of the Act. 3. The Prevention of Terrorism Act, 2002 (a) Introduction (b) Object (c) Interpretation Clause (d) Salient Features (i) Terrorist acts (ii) Different Punishment (iii) Investigation Regarding the Proceeds of Terrorism (iv) Information to the Designated Authority (v) Seizure of Cash (vi) Forfeiture of Property of Terrorists (vii) Claim or Objection by Third Party (viii) Appeal Regarding Forfeiture of Property (ix) Powers of Civil Court (e) Terrorist Organizations (i) Declaration of a Terrorist Organisation (ii) Denotification of a Terrorist Organisation (iii) Power of Central Government (iv) Application to Review Committee (v) Punishment (f) Special Courts (i) Comparison of TADA with POTA (ii) Place of Sitting (iii) Jurisdiction of Special Courts (iv) Power in Respect of Other Offences (v) Procedure of Court (vi) Power of Special Courts to Direct for Samples (vii) Trial by Court (viii) Power of Transfer of Cases to Regular Courts (ix) Confessional Statements (x) Transfer of Pending Proceedings to the Special Court (xi) Public Prosecutors (xii) Protection of Witnesses (g) Appeal (h) Interception of Communication in Certain Cases (i) Electronic Communication (ii) Intercept (iii) Oral Communication (iv) Wire Communication (v) Application for Authorization of Interception of wire, Electronic or Oral Communication (vi) Decision on Application by the Competent Authority (vii) Submission of Order to Review Committee (viii) Duration of Order of Interception (ix) Extension of Order (x) Execution of Order as Soon as Possible (xi) Authority Competent to Carry out Interception (xii) Submission of Progress Report to Competent Authority (xiii) Interception of Communication in Emergency (xiv) Protection of Information Collected (xv) Submission to Competent Authority (xvi) Collected Information Admissible in Evidence (xvii) Punishment for Disclosure of Interception Communication (xviii) Annual Report of Interception (xix) Appointment of Competent Authority (xx) Review Committee (xxi) Nature of Offences (xxii) Investigation Officer (xxiii) Procedure of Arrest (xxiv) Punishment to Police Officer for Corrupt Action (xxv) Compensation to Affected Person (xxvi) Impounding of Passport and Arms Licence (i) Review Committees (i) Constitution of Committee (ii) Composition of Committee (iii) Qualifications (iv) Appointment of Chairperson (v) Function of the Committees (vi) Power of High Courts Regarding Making Rules (vii) Power of Central Government to Make Rules (j) Critical Appraisal of the Act 4. The Unlawful Activities (Prevention) Amendment Act, 2004 (a) General (b) Object (c) Interpretation Clause (d) Unlawful Associations (i) Declaration of an Unlawful Association (ii) Grounds of Unlawful Association (iii) Effect of Notification (iv) Publication of Notification in Newspapers (v) Mode of Service of Notification (vi) Reference of Notification of Tribunal (vii) Notice to the Association Affected (viii) Holding of Enquiry (ix) Operation of Notification (x) Cancellation of Notification (xi) Prohibition of use of Funds of an Unlawful Association (xii) Search of Premises (xiii) Serving of Copy of the Prohibitory Order(xiv) Undertaking for not Using the Funds from Aggrieved Person (xv) Notification About Places (xvi) Articles Memo (xvii) Prohibitory Order (xviii) Entry in the Notified Place (xix) Search of Person (xx) Removal of Person from the Notified Place (xxi) Application for Setting aside the Order (e) Establishment of Tribunal (i) Constitution of Tribunal (ii) Appointment of Judges (iii) Filling the Vacancy (iv) Appointment of Subordinate Staff (v) Expenses of Tribunal (vi) Procedure of Tribunal (vii) Powers of Tribunal (viii) Proceeding of Tribunal (f) Offences and Punishment (i) Punishment for Member of an Unlawful Association (ii) Penalties for Dealing with Funds of an Unlawful Association (iii) Punishment for Use of Articles (iv) General Contravention (v) Punishment for Unlawful Association (vi) Cognizable Offences (g) Punishment for Terrorist Activities (i) Terrorist Activities (ii) Punishment for Raising Fund for Terrorist Act. (iii) Punishment for Conspiracy (iv) Punishment for Harbouring (v) Punishment for being Member of a Terrorist Gang or Organisation (vi) Punishment for Holding Proceeds of Terrorism (vii) Punishment for Threatening Witnesses (viii) Enhanced Penalties (h) Forfeiture of Proceeds of Terrorism (i) Proceeds of Terrorism (ii) Power of Government Regarding Forfeiture (iii) Attachment and Seizure of Proceeds of Terrorism (iv) Information to the Designated Authority (v) Review of Order of Seizure (vi) Seizure and Detention of Cash (vii) Production of Cash Seized before Designated Authority (viii) Appeal against Attachment (ix) Forfeiture of Proceeds of Terrorism (x) Appeal (xi) Release of Property (xii) Claim of Third Party (xiii) Power of Designated Authority (xiv) Certain Transfers to be Null and Void (xv) Forfeiture of Property of Other Persons (i) Terrorist Organisations (i) Declaration of a Terrorist Organisations (ii) Grounds (iii) Denotification of a Terrorist Organisation (iv) Review (v) Constitution of Review Committee (vi) Membership of Terrorist Organisation: An Offence (vii) Support to Terrorist Organisation: An Offence (viii) Raising Fund for Terrorist Organisation : An Offence (j) Miscellaneous Provisions (i) Continuance of Association (ii) Power to Delegate (iii) Power of Investigating Officer (iv) Protection of Witnesses (v) Cognizance of offences (vi) Admissibility of Evidence Collected Through the Interception of Communication (vii) Bar of Jurisdiction (viii) Protection of action Taken in Good Faith (ix) Impounding of Passport, Arms and Licence of the Person Charge-Sheeted (x) The Unlawful Activities (prevention) Amendment Act, 2008 (xi) The National Investigation Agency Act, 2008 (k) Critical Appraisal of the Act B. Review Chapter-VIII TERRORISM AND HUMAN RIGHTS 323-351 A. Introduction B. Concept of Human Rights: Meaning and Definition 1. Concept of Human Rights 2. Meaning and Definition 3. Evolution of Human Rights 4. Kinds of Human Rights C. Universal Humanitarian Law and Indian Constitution 1. Universal Declaration of Human Rights 2. Preamble of Universal Declaration of Human Rights 3. International Covenants on Human (a) Civil and Political Rights (b) Economic, Social and Cultural Rights 4. Indian Constitution and Universal Declaration 5. American Convention on Human Rights D. Violation of Human Rights (i) Violation of Human Rights by Terrorists (ii) Violation of Human Rights by Enforcement Agencies E. Third Degree Methods Applied by Enforcement Agencies F. Human Rights of Terrorist : Controversies and Confusions G. Review Chapter-IX COMBATING TERRORISM: ROLE OF JUDICIARY 352-395 A. Introduction B. Judicial Trends (i) Possession of Unauthorized Arms, Ammunition and Explosive Substances (ii) Bail (iii) Relevancy of Confessional Statements (iv) Relevancy of Abetment and Conspiracy (v) Miscellaneous C. Review Chapter-X CONCLUSION AND SUGGESTIONS 396-415 A. Conclusions (i) No Consensus on Universal Definition of Terrorism (ii) Different Factors Responsible for Terrorism (iii) Different Forms of Terrorism (iv) Funding to Terrorists (v) Limitation of International Conventions (vi) Impediments in Combating International Terrorism (vii) Violation of Human Rights (viii) Killing of Hindi Speaking Persons (ix) Abuse of Anti-Terrorist Laws (x) Supply of Weapons and Assistance to Terrorists (xi) Poor Peformance of the Cops and Security Forces (xii) Blatant Corruption (xiii) Delay in cases (xiv) In-effective Intelligence Network (xv) Misuse of Intelligence Agencies (xvi) Political Motivation in Dealing with Terrorism (xvii) Judicial Response (xviii) Inadequate judicial System (xviv) Soft Attitude of the Government B. Suggestions (i) International Level (ii) National Level Appendix-A : The unlawful Activities ( Prevention) Amendment Act, 2008 416 Appendix -B : The National Investigation Agency Act, 2008 424 Appendix- C : Some Attacks in Pakistan 437 Appendix - D : Some Attacks in Sri Lanka 441 Appendix- E : Worst Terrorist Attacks in Jammu and Kashmir in Chronological Order 444 Appendix-F : Worst Terrorist Attacks World Wide in Chronological order 461 Bibliography 465 Abbreviation 473 List of Cases 477 Index 481