INTRODUCTION

Terrorism can be broadly understood as a method of coercion that utilizes or threatens to utilize
violence in order to spread fear and thereby attain political or ideological goals. Contemporary
terrorist violence is thus distinguished in law from “ordinary” violence by the classic terrorist.
This project will also provide a brief overview of modern terrorism and its implications for the
international community
Acts of terrorism could also be recognized as conflicts between the perceptions of state and
those of the individuals who indulge in such acts as they raise the baton of revolt and rationale
of the state, such individuals find the acts of violence both heroic and efficient way to make
the state recognize their claims through spirited and passionate resurgence of stiff resistance.
The attack spreads fear as the violence is directed, unexpectedly, against innocent victims,
which in turn puts pressure on third parties such as governments to change their policy or
position. Contemporary terrorists utilize many forms of violence, and indiscriminately target
civilians, military facilities and State officials among others.
Terrorism is not a new phenomenon. It has been in existence in one form or the other since
ages1 or we can say terrorism has been the concern of the community for a long time. It is only
that in the recent times it has become a critical issue of a great importance as it involves the
very survival of human civilization2.
Over the years, the meaning of the term ‘terrorism’ has undergone a significant change. In
1975, it meant ‘a type of action carried out by governments’ while in 1937, it referred to
‘criminal acts directed against a state’. Even as early as that terrorism was defined “as criminal
acts directed against a state or intended to create a state of terror in the minds of particular
persons or a group of persons or the general public”. This convention was however ratified by
only one country and that was British India and the treaty never came into force.
An attempt has been made to evaluate various definitional perspectives of terrorism. It is
relevant not merely for the sake of definition or identification of this animal but has significant
consequences under international and national law ranging from entrenched rights and duties,
issues of extradition, punishment and immunity or refuge.
A decision to prosecute a “terrorist” offence will depend, among other factors, on legal and
non-legal considerations. Furthermore, the State of custody must decide either to prosecute (as
a “terrorist” or an ordinary crime) or to extradite elsewhere for prosecution persons accused of
serious, transboundary terrorist crimes. Choosing between prosecuting on the grounds of
“terrorist” or of ordinary crimes also involves wider issues such as the distinction between
armed and non-armed conflict, the State use of counter-terrorist force and the return of
“terrorists” who have been fighting abroad

1
See JOSEPH A. Dowling, A Prolegomena to a Psycho historical study of Terrorism, in INTERNATIONAL
TERRORISM IN THE CONTEMPORARY WORLD (Marius Livingston ed., 1978)
2
YONAH ALEXANDER AND JOHN M. GLEASON (eds.) BEHAVIORAL AND QUANTITATIVE
PERSPECTIVES ON TERRORISM (1981)

1|Page
HISTORY
The challenges of countering terrorism are not new, and indeed have a long history. The term
“terrorism” was initially coined to describe the Reign of Terror, the period of the French
Revolution from 5 September 1793 to 27 July 1794, during which the Revolutionary
Government directed violence and harsh measures against citizens suspected of being enemies
of the Revolution. In turn, popular resistance to Napoleon’s invasion of the Spanish Peninsula
led to a new form of fighter—the “guerrilla”, which derives from the Spanish word guerra,
meaning “little war” (Friedlander, 1976, p. 52). As a weapon of politics and warfare, however,
the use of terrorism by groups can be traced back to ancient times, and as noted by Falk, “in
various forms, terrorism is as old as government and armed struggle, and as pervasive”
Modern terrorism can be traced back to nineteenth century revolutionary radicalism, and, in
particular, the emergence of “anarchist”. Technological developments in the mid and late
nineteenth century also played a pivotal role in the rise of terrorism. The ready availability of
dynamite allowed terrorists to perpetrate and disseminate their deadly acts more widely as
propaganda by the deed. The development of mass communication technologies allowed news,
learning, ideas and events to be rapidly communicated across long distances, opening up an era
of mass communication and of migration that was crucial to inspiring groups elsewhere. The
invention of the telegraph and the steam-powered rotary press meant that newspapers could
receive messages almost instantly after transmission from around the world and gave millions
of people access to information about events virtually as soon as they occurred.

CONCEPT OF TERRORISM
No state, however powerful, can defend itself unilaterally against transnational terrorism.
Terrorist networks move operatives, money and material across borders and through the
crevices of the global economy. Only through extensive cooperation on financial flows,
intelligence, and police action can the risk of terrorism be reduced. The most dangerous form
of terrorism, involving nuclear and biological weapons, requires the most extensive
cooperation.
As a major threat to security and order in the 21st century, terrorism demands a more
deliberative and effective response. Extremists will use religion and any other means to attract
the disaffected. Countering extremism requires people and nations to buy into a rule-based
order with law enforcement structures and intelligence capacity to protect societal interests.
The challenge to the next US administration is to harness a vision for international cooperation
on counter-terrorism and construct a roadmap for its strategic implementation.
The adoption of the Convention for the Prevention and Punishment of Terrorism by the League
of Nations in 1937 marked the entrance of terrorism in the field of international law. The
present-day international legal framework for the prevention and combatting of terrorism
started in the 1960’s with the adoption of the 1963 Convention on Offences and certain other
Acts committed on Board Aircraft. This framework now consists of various multilateral treaties
and protocols relating to specific categories of terrorist acts as well as several regional
conventions on international terrorism in general. However, a comprehensive multilateral
convention on terrorism is still lacking. This is mainly due to the continuing lack of agreement
within the United Nations on a common definition of international terrorism.

2|Page
Terrorism is not a new concept that evolved in modern period. It has appeared since time
immemorial, sometimes as a manifestation of religious protest, at others in the wake of political
revolt and social uprisings.3 In the post-colonial era many extremist, militant, dissident and
minority groups have been agitating for one political cause or the other with violent means and
methods. The activities of most of these groups are generally regarded as terrorism. There is a
difference between violence indulged by these groups in the postcolonial era and the violence
engaged in by groups during colonial era. The former does not distinguish between the civilian
population and the public transportation and utilities and other infrastructure of the state on
which the population depends and the military or the elite of the government and its property.
In the colonial era this distinction was maintained and the group indulging in violence for
national liberation only fought against elite of the government, military or its infrastructure, or
property and never directly harmed the common public on whose support the movement
actually worked.
The modern-day terrorism is a cause for concern as it targets the civilians and the effort is to
create fear or terror in the minds of the people. Further, today terrorism is a great concern
because of the growing and dangerous links between terrorist groups and drug traffickers and
their paramilitary gangs, and the networking that has been taking place among disparate groups
of terrorists espousing different causes. Further it is never indigenous and mostly sponsored
and financial resources and most sophisticated means and methods to cause wide destruction
or major economic loss. The instances of terrorism are many and India is one of the longest
sufferers. Almost every country has faced terrorism.
The issue acquired a much sharper focus after 9/11 terror attack on World Trade Towers in
USA. Over the years, the meaning of the term ‘terrorism’ has undergone a significant change.
Key ingredients of terrorism include the political, religious, or ideological motive and the
creation of a general atmosphere of fear from which popular pressures may be placed on
government officials to reach an accommodation with the terrorists4.
Terrorism carries different meanings to different groups of people. Political refugees and rebel
leaders may avail protection of the laws of one country while in the other country they may be
wanted for serious acts of terrorism. This difference in views is further aggravated by the
existing gulf between the practices and preaching of the nations. For example, it has been noted
that though American respects the rights of self-determination of people belonging to other
nations and respect their presence. But however, when it becomes victims of any such activity,
as in case of American killed in attacks, it is quick to brand such activities as terrorism.
There are significant differences between academics, law enforcement personnel, media
persons and others over what constitutes terrorism. The issue of defining terrorism has been
mired in a controversy for several decades. There is no single definition but there are many.
Article 2 of the Indian draft defines the conduct that is prohibited under the convention. It is
comprehensive in its scope as it covers “any means” used in the commission of a terrorist

3
See WATEER LACQUER, THE TERRORISM READER: A HISTORICAL ANTHOLOGY, 7, (1979)

4
PETER A. FLEMMING, MICHAEL STOHL & ALEX P. SCHMID, The Theoretical Utility of Typologies of
Terrorism: Lessons and opportunities, Pages 153-95.

3|Page
offence. The expression “any means” would cover the entire range of devices or substances,
which could be used for committing an offence. This element is very similar to the language
of article 2(1)(b) of the conventions for the suppression of Terrorist Financing5.
Article 2 of the Indian Draft also contains a definition of terrorism which includes “unlawfully
and unintentionally” causing, attempting or threatening to cause : “(a) death or seriously bodily
injury to any person; or (b) serious damage to public or private property, including a place of
public use, or a state or govt. facility, a public transportation system, an infrastructure facility
or the environment; or (c) damage to a property, places, facilities, or system…, resulting or
likely to result in a major economic loss, when the purpose of the conduct, by its nature or
context, is to intimidate a population, or to compel a govt. or an international organization to
do or abstain from doing any act.”
Terrorism consists of the following three key elements:
(1) the perpetration of a criminal act (such as murder, kidnapping, hostage-taking, arson, and
so on), or threatening such an act;
(2) the intent to spread fear among the population (which would generally entail the creation
of public danger) or directly or indirectly coerce a national or international authority to take
some action, or to refrain from taking it;
(3) when the act involves a transnational element6.

TYPES OF TERRORISM
Agriculture terrorism
A thereat that terrorism currently presents and one that has been seriously underrated, is the
potential for agro terrorism, i.e. attacks on a society’s agricultural infrastructures7 in agriculture
terrorism attacks could be accomplished by the introduction of the animal or plant pest or the
cultivation or the production of bacteria, fungi, viruses or other harmful product that causes
death of living beings. These bio weapons can cause food shortages, famines, economic
disruptions and indeed refugee flows across national borders. In this era of globalization and
easy flow of people and material s across national borders, it is not difficult to imagine what
would happen if there is an outbreak of highly harmful plants and animal diseases in any
country. This would take many lives without putting more efforts for mass destruction and this
can be known as agriculture terrorism.

5
Article 2(1)(b) of the Terrorist Financing Convention describes terrorism as an “Act intended to cause death or
serious bodily injury to a civilian, or to any other person not taking an active part in the hostility in a situation
of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to
compel a government or an international organization to do or to abstain from doing any act.”
6
Michael P. Scharf, Indroductory Note to the decision of the appeals chamber of the special tribunal for
Lebanon on the definition of terrorism and modes of participation, 50 ILM 509 (2011)
7
See SUPER TERRORISM: BIOLOGICAL, CHEMICAL & NUCLEAR, (Yonah Alexander et al.ed.2001)

4|Page
Chemical terrorism
Chemical terrorism or you can say chemical warfare are synthetic, super toxic poisons that are
inhaled or absorbed through the skin. Chemical weapons can lead to death temporary
incapacitation or permanent damage. In many scenarios’ armies have used chlorine mustard
gas, phosgene gas and other chemical gases to choke enemy combatants or cause severe burns.
The Geneva Protocol of 1925 banned the use of chemical and biological agents in warfare.
Resort to chemical terrorism in recent times was made by the Japanese religious cult Aum
Shinrikyo, whose member releases the nerve agent Sarin in Tokyo subway killing 12 people
and injuring more than thousands8.

Cyber terrorism:
It is a generally an understood to mean unlawful attack or threats of attack against computers,
networks and the information stored therein when done to intimidate or coerce a govt. or its
people in furtherance of political, economic and social objectives9. To qualify for a cyber
terrorism, its attack should result in violence against persons or property, or at least cause
enough harm to generate fear. Attack of Ransomware could be recent example of cyber
terrorism where a malware infects the computer and prevent the user from accessing their
system or personal files and demand ransom payments in order to regain access.

Nuclear Terrorism
The destroying consequences of nuclear weapons are fairly well-known. What would happen
if nuclear weapons were fall in the hands of terrorist all though terrorist organization were to
get hold of all nuclear raw materials, without government support it would not be possible for
them to produce weapons grade uranium or plutonium. Now the only option left to the terrorist
organization is to possess a nuclear weapon through force, theft or bribery, it would represent
a grave threat to the international community there exists a real possibility that terrorists can
acquire “dirty bombs” or improvised radiological weapons and carry out an attack with them.

Suicide Terrorism
In this type of terrorism, a terrorist intentionally sacrifices his or her life to commit an act of
terror. The most serious and spectacular act of suicide terrorism occurred on sept 11, 2001
when 19 hijackers with four aircrafts and rammed two of them against in world trade centre in
New York and one into pentagon. The fourth crashed in an open field in Pennsylvania. 3000
individual lives were lost in these suicide missions.10 In many of such cases, religion plays an

8
See MARIE ISABELLE CHEVRIER, The aftermath of Aum Shinrikyo: A New paradigm of terror, 1996
9
See B. COLLIN, The future of cyber terrorism, CRIME AND JUSTICE INTERNATIONAL, March 1997
10
See THE 9/11 ATTACKS – A STUDY OF AL QAEDA’S USE OF INTELLIGENCE AND COUNTER
INTELLIGENCE

5|Page
important role with appeals from spiritual handlers or terror handler to the terrorist to commit
the ultimate sacrifice by changing their minds.

6|Page
THE UNITED NATIONS AND TERRORISM
The United Nations charter-based bodies have passed many resolutions regarding various
facets of terrorism.
Security Council: - The Security Council has primary responsibility for the maintenance of
international peace and security under the UN charter. Thus, its mandate includes majors to
address terrorism as a threat to international peace and security. The UN Security Council
adopted number of resolutions condemning them. It has also imposed sanctions against states
which are directly in relation to certain activities of terrorism. A few Security Council
resolution also established an international and national framework for action. UN Security
Council Resolution 1267 (1999) deals with the critical aspects of cutting off funding sources.
Security council condemned all acts of terrorism, irrespective of motive, as criminal and
unjustifiable for those who could threaten international peace and security. The security council
condemns all countries to refrain from giving shelter to terrorists and to cooperate in bringing
them to justice. The council wants to prevent and to overcome terrorist acts, to protect their
nationals and other persons against terrorist attacks, and to grant justice to victims of such
vulnerable acts. It further called all the nations to put their viewpoints and suggestions with the
relevant provisions of national and international law to get rid of terrorism.
In the wake of 9/11 terror attacks, the UN Security Council Resolution 1373 established new
international legal obligations on States to take measures and to cooperate against terrorism.
These include “criminalizing the collection of funds for terrorist acts and freezing the assets of
terrorists, refraining from providing any support to entities or individuals involved in terrorist
acts, preventing terrorist acts through early warning and exchange of information with other
states, denying safe haven to terrorists, preventing the state’s territory from being used by
terrorist acts and prosecuting supporters of terrorism, assisting other states in prosecuting
terrorism and the financing of terrorist acts, preventing the movement of terrorists through
effective border controls and effective issuance of identity documents, including measures to
prevent their forgery, intensifying and accelerating the exchange operational information
concerning terrorists, and ensuring that refugee status is not abused by terrorists. In other
words, the resolution invites all the member state to stop supporting, financing, and providing
sanctuary to terrorists while making treaties and sharing information between nations.
The Security Council established a Counter-Terrorism Committee (CTC) through the
Regulation 1373. The Resolution 1373 represented a major advance in the international legal
and institutional framework against terrorism. But scholars later criticized the UN Security
Council Resolution 1373. They stated that it does not explicitly defines terrorism, much less
list which states, governments, Organization should be considered terrorists. As the states were
left alone to make their own judgements, they came up with different law andsanctions which
led to confusion. Later, in its resolution 1368(2001), the Council stated that it regarded “any
act of international terrorism as a threat to international peace and security.
In its next step, Security Council purposed Resolution 1540 asked the member states to adopt
domestic control to prevent terrorist groups form making harmful weapons at mass level with
the help of localities. Security Council later adopted many such resolutions on abolition of
terrorism.

7|Page
General Assembly: - UN General Assembly for the very first time put the issue of terrorism on
the general assembly’s agenda. The title of the agenda was to cover of both measures to prevent
terrorism as well as the cause of it. And this whole conference was in the view of the attack on
Israeli athletes during the Olympics in Munich in 1972.
Later in the upcoming years, the General Assembly adopted three conventions aimed at
suppressing terrorism financing (1999), bombing (1997) and access to nuclear material.
In order to Nip it from the bud, the UN General assembly passed many resolutions. Its
resolution adopted in 1994 which covered all acts, methods and practices of terrorism in all its
form where ever and by whom ever committed, as activities main focused at human rights,
freedoms and democracy, threatening the peace and security of States.
In 2002, The General Assembly adopted a resolution focusing on the need to protect Human
Rights and Fundamental freedom while countering terrorism. The High Commissioner for
Human Rights had been asked to take a number of actions including examining the question of
the protection of human rights while countering terrorism by the adopted resolution.
The member states of The General Assembly meet at a common platform time to time to
negotiate drafts comprehensive convention on international terrorism which would
complement the existing international anti-terrorism convention. Since 1963 United Nation has
adopted 14 international conventions and around 5 amendments to prevent terrorist attacks.
Few of such conventions are: -
1. 1963 Convention on Offences and Certain Other Acts Committed on Board Aircraft.
2. 1979 International Convention against the Taking of Hostages
3. 1919 Convention on Marketing of Plastic Explosive for The Purpose of Detection.
4. 2005 International Convention for The Suppression of Acts of Nuclear Terrorism.
The year 2005 was and landmark and historic event as in this year UN General Assembly was
organized where numerous world leaders had adopted a counter-terrorism strategy that would
promote comprehensive, coordinated and consistent responses at national as well as
international level to counter terrorism. An active role played by the then UN Secretary-
General Kofi Annan, General Assembly adopted a global counter terrorism strategy for United
Nations in 2006.

8|Page
TERRORIST VICTIMIZATION: VICTIMS OF TERRORISM
Victimization can be understood as the action of singling someone out for cruel or unjust
treatment. This section explores terrorist victimization, for example, the factors that come into
play when targeting the future victims of a planned terrorist attack. Terrorist attacks can be
broadly categorized into two categories: focused and indiscriminate. Historically, terrorism has
largely fallen under the former category. As noted earlier, terrorist attacks were used as an
instrument for politically motivated action, which targeted specific members of governments
or political actors for the purposes of attaining a particular political aim. Such attacks involved
some element of participation in the conflict, albeit indirectly, between the terrorist group and
the adversary.
However, contemporary terrorism is characterized by an increasing frequency and magnitude
of indiscriminate violence. Victims of terrorist attacks are not usually specifically selected on
the basis of their individual characteristics, but are “chance” victims who happen to be in the
wrong place at the wrong time. These victims serve as an instrument designed to influence
third party actors. It is partly this element of unpredictability and randomness of victim
selection that gives terrorism its modern power— “a power enhanced manifold by the media’s
display and replay of acts of victimization”. This evolution of the focus of terrorism reflects a
shift from individual terror to a dimension of mass murder and psychological warfare. In this
sense, terrorism attempts to coerce a population and/or its leadership by inciting fear of being
hurt.
Although terrorist attacks are indeed serious crimes, it is important to remember that terrorist
victimization differs from criminal victimization in that the former has an inherent political
dimension. This political dimension may also encapsulate ideological or religious aims. For
instance, the direct victim of a terrorist attack is rarely the ultimate target of the violence.
Rather, the act of singling out a target serves as an amplifier to convey a broader message and
to influence a wider audience, such as an adversary State of the terrorist organization. An
important goal of terrorism is for mass audiences to pay attention to the messages being
conveyed, and to undergo a sense of terror and panic as a result of the terrorist attack. The
terror invoked in individuals is further amplified by a process of identification with the victim,
a fear that “it could have been me”. The victims of terrorist attacks therefore serve as symbols
of shared group or class characteristics, which in turn form one basis for their selection as
victims. In this sense, victims of terrorism serve as instrumental targets.
By using violence, or the threat of violence, wider audiences are put in a state of chronic fear
or terror which takes a physical, psychological, social, political and economic toll on society
as a whole. This indirect method of combat can have several aims: to produce disorientation
and/or force their targets to comply with their demands (e.g., government); to mobilize third
party actors to act; or, to stir society and public opinion in order to change attitudes or
behaviours that benefit the interests of the perpetrators. Successful victimization of sectors of
society signals to the public at home and abroad that the State cannot protect them effectively,
and this sense of insecurity may be further exploited by violent extremist organizations. The
ability of terrorist organizations to manipulate wider audiences by the public victimization of
a few indirect victims in an environment that is media-rich has transformed terrorism from a
marginal mode of protest, blackmail and intimidation into a major form of psychological
warfare.

9|Page
COMMISSION ON HUMAN RIGHTS
The United Nations Commission on Human Rights was established in 1946 to promote
awareness and to protect Human Rights11. It continued till 2006 when it was replaced by the
United Nations Human Rights Council. Basically, it consisted of 53 member states12.
UNHRC meet annually at Geneva in a regular session for a period of 6 weeks.
The Commission on Human Rights adopted a number of resolutions on the affairs of
terrorism and human rights. The body on Human Rights worked through special procedures
mandate holders who include rapporteurs, special representative independent experts that
investigate, discuss and report on the facts and figures and issues on human rights in all parts
of the world. 17 special rapporteurs and independent experts of the UNHRC issued a joint
statement reminding states of their obligations and duties which they usually promised in
such conferences to uphold human rights and fundamental freedom in the backdrop of 9/11
terror attack. They urged the authorities to take appropriate actions to guarantee respect for
human rights and fundamental freedom. Condemning 9/11 attack the committee highlighted
the obligation contain the article 2 (Prohibition of Torture Under All Circumstance), article
15 (Prohibiting Confession Extorted by Torture Being Admitted in evidence, except against
the torturer), and article 16 (Prohibiting Cruel, Inhuman or degrading treatment or
punishment).

The United Nations Charter-based bodies have passed many resolutions regarding various
facets of terrorism. 14 sectoral conventions have been adopted under the auspicious of the
United Nations criminalizing various terrorist acts and asking UN member states to take
preventive as well as counter terrorism measures. Its basic settings are marvelous. However,
scholars have clearly pointed out the non-achieving “universally accepted definition of
terrorism and until such as framework in place, any law which have limited use”.
In the view of counter terrorism committee of the Security Council has explicit mandate to
check the compliance with human rights of counter terrorism measures taking by member
states, the special rapporteurs on terrorism expressed great concern that “states are not
receiving enough messages from committee concerning their duty to respect human rights by
countering terrorism”13. The combined identification and compilation of “best practices” in
the field of effective and human rights compatible responses to terrorism is therefore
necessary.

11
It was a body created under Art. 68 of UN Charter
12
The tenure is of 3 years and 1/3 of the total members would be replaced every year
13
UN Doc. A/HRC/4/26

10 | P a g e
CONCLUSION
The purpose of this study has been to review its history, present state and its future. It has
been shown that in last 120–130 years terrorism has gone through four distinct stages and
presently we are experiencing the fourth wave of terrorism.
Terrorism can be a part of a socio-political regime, religious community or radical
individuals. It invents new kinds of weapons constantly, whether it be cyber-attacks or germs
seeding.
While acts of terrorism across the globe have increased markedly in recent decades, in most
parts of the world it continues to be a relatively rare event and is instead focused in particular
countries or regions of instability.
Terrorism is a concept which is surrounded by a high degree of subjectivity and is subject to
different interpretations by different people(scholars) which has made this concept much
debatable as “one man's terrorist is another man's freedom fighter”. As a result of
which, this issue becomes more intricate and puts the world in jeopardy.

BIBLOGRAPHY

 Convention for the Prevention and Punishment of Terrorism. League of

Nations, document C.546.M.383.1937.V. Geneva, 16 November 1937.
 United Nations. International Convention for the Suppression of Terrorist
Bombings. Treaty Series, vol. 2149, p. 256, New York, 15 December
1997.
 http://www.un.org/en/terrorism/securitycouncil.shtml .
 Charter of the United Nations, 1945.

11 | P a g e