Chapter one
1.0. Background of study
Terrorism is no more a new occurrence is the world but systematic tool to inflict terror and vulnerability in a society with the motive of achieving political objectives. It majorly attracts attention through frightening of people and ones this becomes successful, there would definitely be a significant human and social harm.
Efforts by States and international body to fight terrorism has inevitably led to strict restrictions on some traditional liberties of people. In as much as the concepts to tackle terrorism is metamorphosing, one thing still remains, which is the substance or the elements that colours the goals of terrorism. This is the isolation and exploitation porous and weakest points of the targets. Tolling the line of history, for example, from Iraq, to Iran, Nigeria, France, United States and to all States which have been victims of terrorism, they have witnessed random gun-shootings, detonation of dangerous explosives or kidnappings of people who are not prepared and armed (and are basically considered as innocents or guilty targets) with the high hopes of degrading the public confidence bestowed on the government on sit.
One very paramount ingredient in the understanding of terrorism is not the end result or aftermath of an action and but the intent of the action. The thin line that separates the “legitimate event of 15th October 2010 that killed Qari Hussain, the Pakistani Taliban through the Hellfire missiles fired from a Predator or Reaper drone which did not only kill him but lead to the death of about 1, 147 people and the event on the 14th August 2007 that killed 520 people and injured 1500 people in a coordinated bomb attack that featured five fuel tankers driven by suicide bombers into crowded villages belonging to Kurdish members of the Yazidi religious sect before they were detonated almost simultaneously in Al-Qataniyah and Al-Adnaniyah ” is the intention. It can be seen that both of them still caused unintended and intended damages to lives of unarmed civilians.
However, terrorism that used to be a State terrorism which was demonstrated in the time of Maximilien Robespierre and a small faction of Jacobin party that dominated France for a period in 1793-1794 has gone international knowing no border. Before it went international, record has it that a revolutionary terrorism was displayed in Russia when Vera Zasulich, a daughter to a noble, made the attempt to kill M. Trepov, Prefect [military governor] of St. Petersburg on 5th February 1878 with the intention to rid Russia of a tyrant. Also, national terrorism was also orchestrated in the time when Algeria demanded separation from France and Ireland as well from England
One component of international law which has been used to respond to terrorism is International Humanitarian Law (IHL). It governs the conduct of armed conflicts and provides protection to civilians and those who are no longer taking part in hostilities (the wounded, the sick and the prisoners of war) and strictly prohibits the means and method of warfare. According to the ICRC commentary, IHL does not recognize an international armed conflict between States and non-State actors as this would accord armed groups the same privileges enjoyed by members of regular armed forces. It seeks, for humanitarian reasons, to limit the effects of armed conflict by setting out rules on the ways in which war may be waged. It deals with the fact of war without concerning itself with the reasons for a particular conflict or its legality. Its provisions apply to all victims of war, regardless of which side they are on, the reasons for the conflict or its legality, or the justness of their cause. IHL does not provide a definition of terrorism, but prohibits most acts committed in armed conflict that would commonly be considered “terrorist “if they were committed in peacetime.
Acknowledgement to the General Assembly and Security Council of United Nations which have over time condemned “as criminal all acts, methods, and practices of terrorism wherever and by whomever committed”. Nevertheless, the Resolution 1269 of October 19th 1999 of the Security Council of United Nations went further to condemn “all acts, methods, and practices of terrorism as criminal and unjustifiable, regardless of their motivation, in all their forms and manifestations, wherever and by whomever committed, in particular those which could threaten international peace and security.” In the four Geneva Conventions coupled with the two additional protocols in 1997 clearly stated that civilians are to be protected under any and all circumstances. Even though, IHL has been viewed as a big obstruction to military and law-enforcement operations conducted as part of the US-led “war on terrorism,” without mincing words, IHL makes a bold framework which has the provision to deal with acts of violence related with terrorism within the context of armed conflict.
1.1. Statement of problem
The focus of this paper is to carefully examine the importance of the role of International Humanitarian Law such as International Committee of Red Cross (ICRC), in armed conflict regarding terrorism.
ICRC is the guardian of IHL with a special mandate under humanitarian law treaties, even thou, it cannot ensure the application of IHL, but implore States and parties to armed conflict to respect and ensure respect for it, this work shall discuss the variety of operational and other activities that ICRC has developed which aims at improving respect for IHL both in peacetime and armed conflict.
This paper will critically examine the issue that stand behind the menace of armed conflict regarding terrorism and how the role of International Humanitarian Law has helped to protect victims of armed conflict by prohibiting all attacks on them. Hence, this project tackles issues bothering on what factors brought about the evolution of IHL? What factors keeps it going? How does it work? Whether or not humanitarian law aims to mitigate human suffering caused by terrorism and also to address some fundamental questions connected with the notion of International Humanitarian Law in checking armed conflict regarding terrorism.
Terrorism, a world order destabilizer, needs to be separated from other forms of insurrections, this paper would give definitions and general definition to it. It shall however discuss the root causes and consequences of terrorism including the objectives of terrorism as regard its ability to change the political, social, psychological or economic structures or policies of a perceived enemy State or territory by means of force. This study would also add to its focus some issues involving terrorism and international humanitarian law: the categorization of the nature of armed conflicts in which terrorist are involved; terrorism as a war crime; and the determination of the status and treatment (including detention) of terrorist suspects apprehended in the course of an armed conflict.
Another area of focus is the fact that terrorists display shameless disregard for the rules of international behavior and accepted moral codes while at the same time hiding behind the very rules and moral codes to prevent the free world from protecting itself, hence, bright x-ray will be given to how effective is the application of the existing IHL to the fight against terrorism. It will also explain the multitude of means of the anti-terrorism campaign which includes intelligence gathering, police and judicial cooperation, extradition, criminal sanctions, diplomatic and economic pressure, financial investigations, freezing of assets, efforts to control the proliferation of weapons of mass destructions.
Taking a look at the history of terrorism, when rules are formed against any act of terror, there was no foresight that a living soul(s) would turn themselves/him/herself to a living bomb to facilitate the termination of lives of innocent civilians along with themselves/him/herself or a democratic State engaging in fights against a web of terrorist organisations in units or in colony. This study will give understanding to how the present rules have been interpreted and applied to effectively check terrorism.
Many arguments have been raised if it is appropriate for governments to engage in negotiation with terrorist or aggressively, with strategy, seek out to cripple and crush them wherever they are. Does IHL embrace the idea of States (likely to be a victim of terror) to take battle to the terrorist, interrupt their agenda, and oppose them before the strike? This would be answered in this study.
In 1976, Libya gave out over $1 million to Iranian terrorists, there is a bomb-making training camp in Pakistan’s Waziristan region , Saleh al-Arouri the founder of Hamas’s armed wing in the West Bank known as the Qassam Brigades and Yasin al-Qadi, the money bone of al-Qaida, both live in Turkey enjoying protection, Pakistan has been known to funding, arming and pushing militants into Kashmir where more than 30,000 people have died in a nearly 12-year-old insurgency. This study will address the IHL lens used to view these countries, what kind of sanctions to be placed on them, can the State countering terrorists apply armed force from within the territory of another State and what the United Nations Charter proffer to this issue.
Numerous laws have been passed to counter terrorism both at local and international levels. Much recent counter-terrorism legislation is dangerously over-broad and has affected vast numbers of people, in particular peaceful protesters and ethnic minority groups, thereby undermining civil liberties and fundamental human rights. This work will examine excesses of these laws and why it should be considered necessary or not.
1.2. Aims and objectives of the study
This work aims to acquire a perspective on attempts to understand the human experience and factors that shape activities of terrorists and re-examine the effect of terrorism on humans
Also, it looks at the general idea behind the development of IHL from its inception till date and finding out what it seeks to promote and to understand how it is being applied in situation of armed conflict regarding terrorism.
Accordingly, this study makes a thorough appraisal on the role of IHL in checking armed conflicts regarding terrorism and also makes attempt to address its relationship with other agencies and other instruments which helps to facilitate humanitarian action during terrorist attacks within the scope of armed conflict by giving protection to the victims and also by implementing it rules and sanctioning any violations.
This study aims to explain the duty of States to oblige to the respect for the Principle of Discrimination and Proportionality in the fight against terrorism which can be termed as “counter terrorism”.
Lastly, the aim of this work is also to make suggestions and recommendations based on the findings of this work in order to further promote that the idea that terrorism would easily degenerate into utter barbarism without the existence of IHL which restricts the conduct of parties to armed conflict.
1.3. Significance of the study
The significance of this study is to bring out the understanding of how and the extent in which the roles of International Humanitarian Law enhances the protection of victims throughout the world of armed conflicts regarding terrorism and highlighting the legal protection afforded to different groups including children, women, combatants and the environment.
1.4. Research methodology
In the course of this study, the correlative research method of deductive reasoning would be adopted. Also, the sources of data will be both primary and secondary sources of information. The primary source of data will include legislations and conventions, while the secondary sources will include textbooks, journals, articles, magazines and lecture materials and internet.
1.5. Structure of the study
This study provides an overview of the importance of the role of IHL in armed conflicts regarding terrorism. It will not fail to cover important rules and principles that prohibits terrorism in the law of armed conflict. In this study, there are five chapters which treat the issues the research seeks to examine.
This first chapter includes the background of study, Statement of problem, aims and objectives, significance of study and research methodology employed.
Chapter two could be said to be the foundation chapter for this work as it deals with the definition, purpose, and development of IHL as well as what terrorism is all about.
Equally, chapter three gives an insight into the legal frame work for IHL by revealing its sources and the fundamental principles regulating the law of armed conflict regarding terrorism.
Chapter four put emphasis on some specific issues the role of IHL in checking terrorism through the protection of the unarmed civilians, and how IHL provides for the protection of the natural environment during armed conflicts.
Chapter five broadly focuses on the implementation and enforcement of international law through instruments of humanitarian action as well as national implementation measures and punishment for breach which promote the idea of IHL in checking terrorism. This chapter concludes with an attempt of making recommendations.