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«VIOLETA VASILIAUSKIENĖ THE FIGHT AGAINST TERRORISM IN THE CONTEXT OF INTERNATIONAL HUMANITARIAN LAW Summary of Doctoral Disertation Social Sciences, ...»

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VILNIUS UNIVERSITY

VIOLETA VASILIAUSKIENĖ

THE FIGHT AGAINST TERRORISM IN THE CONTEXT OF

INTERNATIONAL HUMANITARIAN LAW

Summary of Doctoral Disertation

Social Sciences, Law (01 S)

Vilnius, 2014

Dissertation was written in 2007 – 2014 at Vilnius University.

Scientific leader:

Prof. dr. Dainius Žalimas (Vilnius University, Social Sciences, Law – 01 S).

Dissertation is defended at the Law Science Council of Vilnius University:

Chairman:

Prof. dr. Armanas Abramavičius (Vilnius University, Social Sciences, Law – 01 S).

Members:

Prof. dr. Arvydas Andruškevičius (Vilnius University, Social Sciences, Law – 01 S);

Prof. dr. Saulius Katuoka (Mykolas Romeris University, Social Sciences, Law – 01 S);

Doc. dr. Skirgailė Žalimienė (Vilnius University, Social Sciences, Law – 01 S);

Doc. dr. Laurynas Biekša (Mykolas Romeris University, Social Sciences, Law – 01 S).

Opponents:

Prof. dr. Justinas Žilinskas (Mykolas Romeris University, Social Sciences, Law – 01 S);

Dr. Irmantas Jarukaitis (Vilnius University, Social Sciences, Law – 01 S).

The Doctoral Dissertation will be defended in the public session of the Law Science Council, 28 February, 2014, 2:00 p.m., at the Faculty of Law of Vilnius University, K. Jablonskis auditorium.

Address: Saulėtekio 9, LT-10222, Vilnius, Lithuania.

The Summary of Doctoral Dissertation was sent out on January 28, 2014.

The Doctoral Dissertation is available for review at the library of Vilnius University.

VILNIAUS UNIVERSITETAS

VIOLETA VASILIAUSKIENĖ

KOVA SU TERORIZMU TARPTAUTINĖS

HUMANITARINĖS TEISĖS KONTEKSTE

Daktaro disertacijos santrauka Socialiniai mokslai, teisė (01 S) Vilnius, 2014 metai Disertacija rengta 2007 – 2014 metais Vilniaus universitete.

Mokslinis vadovas:

Prof. dr. Dainius Žalimas (Vilniaus universitetas, socialiniai mokslai, teisė – 01 S).

Disertacija ginama Vilniaus universiteto Teisės mokslo krypties taryboje:

Pirmininkas:

Prof. dr. Armanas Abramavičius (Vilniaus universitetas, socialiniai mokslai, teisė – 01 S).

Nariai:

Prof. dr. Arvydas Andruškevičius (Vilniaus universitetas, socialiniai mokslai, teisė – 01 S);

Prof. dr. Saulius Katuoka (Mykolo Romerio universitetas, socialiniai mokslai, teisė – 01 S);

Doc. dr. Skirgailė Žalimienė, (Vilniaus universitetas, socialiniai mokslai, teisė – 01 S) ;

Doc. dr. Laurynas Biekša (Mykolo Romerio universitetas, socialiniai mokslai, teisė – 01 S).

Oponentai:

Prof. dr. Justinas Žilinskas (Mykolo Romerio universitetas, socialiniai mokslai, teisė – 01 S);

Dr. Irmantas Jarukaitis (Vilniaus universitetas, socialiniai mokslai, teisė – 01 S).

Disertacija bus ginama viešame Teisės mokslo krypties tarybos posėdyje 2014 m. vasario 28 d. 14 val. Vilniaus Universiteto Teisės fakulteto K. Jablonskio auditorijoje.

Adresas: Saulėtekio al. 9, LT-10222, Vilnius, Lietuva.

Disertacijos santrauka išsiuntinėta 2014 m. sausio 28 d.

–  –  –

INTRODUCTION

THE TOPICALITY OF THE SUBJECT

THE OBJECT OF THE DISSERTATION, ITS PURPOSE AND TASKS

THE SOURCES OF DISSERTATION

THE SCIENTIFIC NOVELTY OF THE DISSERTATION

PRACTICAL SIGNIFICANCE OF THE DISSERTATION

STATEMENTS OF THE DISSERTATION TO BE DEFFENDED

METHODOLOGY OF THE DISSERTATION

SUMMARY OF THE CONTENT OF THE DISSERTATION

MAIN CONCLUSIONS

LIST OF PUBLICATIONS

DOCTORAL INTERNSHIP

PERSONAL DETAILS

KOVA SU TERORIZMU TARPTAUTINĖS HUMANITARINĖS TEISĖS KONTEKSTE

(REZIUMĖ)

5 INTRODUCTION

After the terrorist attacks of 11 September 2001, which claimed lives of almost 3000 people, the United States of America (hereinafter – the USA) declared war against terrorism1 and undertook military measures against Al Qaeda terrorist group in Afghanistan.

On 12 September 2001 NATO declared for the first time in the history of this international organization that if it were established that these terrorist attacks emanated from abroad, the Article 5 of North Atlantic Treaty should be applied2. The fight against terrorism that was earlier carried out by means of state cooperation and operational cooperation of institutions responsible for crime investigation ventured into the sphere of international humanitarian law (hereinafter – IHL).

The term “terrorism” was used for the first time in 1793 to describe the terror ruling of Robespierre who aimed to kill the enemies of the revolution and established dictatorship in order to stabilize the state3. Later on terrorism was carried out more by private persons and non-governmental entities. This “non-state” terrorism augmented in the second part of 20th century, and was used as subsidiary tactics by the nations fighting for independence 4.





Usually terrorist attacks were part of wider action agenda to achieve their aims. Terrorism became “international” in the seventh decade of 20th century with the emergence of practice of hijacking of the airplanes. Various political groups used terrorism in order to attract attention to their political aims. For example, in 1972 Munich Olympic Games the Palestinian group Black September abducted Israeli athletes preparing for the Games and 1 Address to a Joint Session of Congress and the American People. President George W. Bush. [interactive]. 20 September 2001 [viewed 2012 10 04]. http://georgewbush-whitehouse.archives.gov/news/releases/2001/09/20010920html 2 Statement by the North Atlantic Council. [interactive]. Press Release (2001)124. NATO Press Releases. 2001 m.

rugsėjo 12 d. [viewed 2012 10 04]. http://www.nato.int/docu/pr/2001/p01-124e.htm 3 ZALMAN, A. The history of terrorism. [interactive]. [accessed 2012 10 04].

http://terrorism.about.com/od/whatisterroris1/p/Terrorism.htm.

4 Terrorism in the 20th and 21st Century. [interactive]. International Terrorism and Security Research. [accessed 2012 09 05]. http://www.terrorism-research.com/history/early.php 6 killed them5. The terrorist groups also started to cooperate with each other during this period. And later on, since the tenth decade of 20th century the terrorism motivated by religious reasons became widespread6.

THE TOPICALITY OF THE SUBJECT

The subject under consideration is urgent due to several reasons. Firstly, terrorism is a continuous threat to the international community. Secondly, the fight against terrorism, which was earlier carried out by so called “traditional” means lately is carried out also by using military measures, but the delineation between the international legal rules applicable to both situations is unclear.

1. Continuous threat of terrorism Terrorist acts pose a threat to societies worldwide for a long time. Terrorist acts are carried out every day in some parts of the world. The increasing globalization augments the risk of terrorist acts due to availability of the contemporary communication means to the terrorists who can promote their ideology, recruit new members, plan and coordinate terrorist acts without even meeting each other eye to eye. Thus the risk of terrorist attacks affects all people and societies notwithstanding states’ borders, one’s nationality or religion.

The seriousness of the threat of the terrorism is emphasized in the documents of various international organizations. United Nations Security Council (hereinafter – UN SC) reaffirms in its resolution No. 1963 (2010) that terrorism is one of the greatest threats to international peace and security7. United Nations General Assembly (hereinafter – UN GA) reiterates that terrorism, committed by whomever, wherever and for whatever purposes, constitutes one of the most serious threats to international peace and security8. Terrorism is 5 WEIL, A. Terrorism. Saddleback Publishing, Irvine, 2004, p. 10-13.

6 ZALMAN, A. The history of terrorism. [interactive]. [accessed 2012 10 04].

http://terrorism.about.com/od/whatisterroris1/p/Terrorism.htm.

7 UN SC resolution No. S/RES/1963 (2010) of 20 December 2010 Threats to international peace and security caused by terrorist acts.

8 UN GA resolution No. A/RES/66/282 of 12 July 2012 The United Nations Global Counter-Terrorism Strategy Review.

7 an important question on the NATO agenda. Both 2010 NATO Strategic Concept9 and 2010 NATO Lisbon Summit Declaration10 underscore that terrorism poses a real and serious threat to the security of Alliance and its members. OSCE also declares that terrorism is one of the most serious threats to the security of OSCE member states and it is very likely that it shall remain a common security challenge in the future.11 From the tenth decade of 20th century terrorists started to plan and execute large scale terrorist acts which threaten not only private individuals but also the security of the states themselves and to the inviolability of the states’ territories. Terrorist acts infringe various human rights, especially right to life, liberty and personal integrity12. In particular in those states where many terrorist acts are carried out, the atmosphere of insecurity affects all spheres of life in the state, especially social environment, economics, education and other spheres.

In reaction to the terrorist threat and aiming to protect the rights of the persons under their jurisdiction, states have the right and duty to take effective measures against terrorism and to seek to prevent terrorist acts in the future and persecute those who are responsible for such acts13. But it should be underlined that acts against terrorists also pose many challenges in the sphere of human rights. International organizations and states emphasize that states fighting against terrorism have to uphold their international obligations. Therefore the fight against terrorism poses many challenges to the states – on one hand they are obliged to protect their citizens, on the other hand, they have to respect the rights of third persons and of terrorists themselves.

9 NATO. Active Engagement, Modern Defence. [interactive] Strategic Concept for the Defence and Security of the Members of the North Atlantic Treaty Organisation adopted by Heads of State and Government in Lisbon. 19 November 2010. [accessed 2012 10 04]. http://www.nato.int/cps/en/natolive/official_texts_68580.htm, 19 punkto 9 papunktis.

10 NATO. Lisbon Summit Declaration, Issued by the Heads of State and Government participating in the meeting of the North Atlantic Council in Lisbon [interactive]. 20 November 2010 [accessed 2012 10 05].

http://www.nato.int/cps/en/natolive/official_texts_68828.htm, 39 punktas.

11 Organisation for Security and Co-operation in Europe, Action against Terrorism Unit, Factsheet. [interactive].

[accessed 2012-09-05]. http://www.osce.org/atu/13578, p. 1.

12 Office of the United Nations High Commissioner for Human Rights. Human Rights, Terrorism and CounterTerrorism. Fact Sheet No. 32. [interactive]. [accessed 2012 10 04].

http://www.ohchr.org/Documents/Publications/Factsheet32EN.pdf, p.7.

13 Ibid., p.8.

8

2. The states undertake not only traditional legal means, but also military measures to fight terrorism When terrorism gained international dimension with the beginning of the hijacking of airplanes and other international terrorist acts, the international community undertook measures aimed at fighting international terrorism. The international cooperation in the fight against terrorism started with the resolutions condemning terrorism14. The reasons why particular persons commit terrorist acts are diverse and therefore various measures are undertaken in order to fight and deter terrorist attacks. Under the auspices of UN GA the states have concluded fourteen international agreements and four amendments. These international agreements criminalize and outlaw separate terrorist acts ranging from illegal hijacking of airplanes to terrorist bombings. These agreements enshrine so called traditional means of fight against terrorism – criminalizing of terrorist acts in the criminal codes of states, main rules on the jurisdiction to persecute for terrorist acts, also international cooperation in criminal prosecution and rules on extradition.15 These traditional legal means of fighting terrorism are undertaken on the level of international organisations. For example, besides the international agreements concluded at the UN, this organization also adopted Global Strategy against Terrorism which reflects common strategic view of the states on the fight against terrorism16. This strategy and the means set out therein are aimed not only at the condemnation of terrorism and all of its manifestations but also to set certain steps to be undertaken by states individually and together in the fight against terrorism. The strategy enlists certain means to increase the capabilities of the states to fight against terrorism and methods to strengthen the coordination of UN antiterrorist actions17.

14 The first resolution on this question was the resolution by UN GA of 18 December 1972 concerning the measures aimed to prevent international terrorism. Later on this question was addressed and the resolutions passed on the question of terrorism every year (and lately even more often) in the agenda of UN GA. A detailed list of resolutions is available at http://www.un.org/terrorism/resolutions.shtml.

15 Office of the United Nations High Commissioner for Human Rights. Human Rights, Terrorism and CounterTerrorism. Fact Sheet No. 32. [interaktyvus]. [žiūrėta 2012 10 04].

http://www.ohchr.org/Documents/Publications/Factsheet32EN.pdf, p. 13-14.

16 UN GA resolution No. A/RES/60/228 of 7 April 2006 The United Nations Global Counter-Terrorism Strategy.

17 Ten pat.



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