It was the institution of United Nations which first drafted
the convention on offences and certain other acts committed on board an
aircraft, signed at Tokyo on the 14th of September 1963, when hijacking
of civilian aircraft became an increasing menace. When after some incidents
it was realisd that the convention did not cover the whole range of crimes
in respect of aircraft, another convention for the suppression of unlawful
seizure of aircraft was signed at the Hague on 16th December 1970. Yet
another convention was signed on the 23rd of September 1971 for the suppression
of unlawful acts for the safety of civil aviation. On the 14th of December
1973 United Nations Convention on the Prevention and Punishment of Crimes
Against Internationally Protected Persons such as a Head of the State,
a Minister of Foreign Affairs, representative or official of a state or
of an international organisation who is entitled to special protection
from attack under international law, came into being.
When incidents of taking of hostages registered an alarming
increase, the United Nations adopted an International Convention Against
the Taking of Hostages on 17th December 1979. To create a regime of universal
jurisdiction over the unlawful and intentional use of explosives and other
lethal devices in, into, or against various defined public places with
intent to kill or cause serious bodily injury or intent to cause extensive
destruction of the public place, the UN General Assembly adopted a resolution
for the suppression of terrorist bombing on the 15th of December 1997.
Even earlier on, a convention was adopted in the wake
of the 1988 Pan-Am 103 bombing, to control and limit the use of unmarked
and undetectable plastic explosives. When facts came to surface of financing
of terrorists, an International Convention for the Suppression of the
Financing of Terrorism was adopted by the General Assembly of the United
Nations on the 9th of December 1999, requiring member states to take steps
to prevent and counteract the financing of terrorists, whether direct
or in-direct, including such groups which are engaged in drug trafficking
and gun running. In this Convention, bank secrecy was no longer a justification
for refusing to cooperate.
Following the pattern of the United Nations, League of
Arab States adopted a Convention on the Suppression of Terrorism which
was signed in Cairo on 26th April 1978. It was an improvement on the European
Convention on the Suppression of Terrorism concluded at Strasburg on 27th
of January 1977. It is an elaborate document consisting of 16 Articles
which enumerates offences included in all the previous conventions along
with the arrest of the criminals as well as the jurisdiction of the contracting
states with a mechanism for arbitration in case of a dispute between two
or more contracting states.
Later on December 7-8, 1985, the SAARC Summit at Dhaka
recognising the seriousness of the problem of terrorism as it affected
the security and stability of the region, decided to sign a convention
which was ultimately signed by the foreign ministers of the SAARC member
countries on the 4th of November 1987 at Kathmandu. Under Article IV of
this Convention, the contracting states have the option of trying the
offenders found in their countries either themselves on the basis of evidence
provided by the requesting state or extraditing the offender to the requesting
state. Under Article VII, the contracting states shall not be obliged
to extradite if it appears to the requested state by reason of the trivial
nature of the case or by reason of request for the surrender or return
of a fugitive offender not being made in good faith or in the interest
of justice or for any other reason it is unjust or inexpedient to surrender
or return the fugitive offender. This Convention was signed amongst others,
by Mr. K. Natwar Singh, Minister of State for External Affairs, for the
Republic of India and late Mr. Zain Noorani, Minister of State for Foreign
Affairs, for the Islamic Republic of Pakistan.
But the Convention adopted by the Organisation of Islamic
Conference (OIC) on Combating International Terrorism can be termed, in
all respects, as the most comprehensive document. It was signed on the
1st of July 1999 in Ouagadougou. It is a very comprehensive draft with
42 Articles and taking into account all previous conventions, principles
of international law and the United Nations Charter. It has for the first
time, recognised the legitimacy of the right of peoples to struggle against
foreign occupation, colonialists and racist regimes by all means, including
armed struggle to liberate their territories and attain their rights to
self-determination and independence in compliance with the purposes and
principles of the Charter and the resolutions of the United Nations.
This Convention has also given the definition of terrorism
in Article 1 (2) stating that terrorism means any act of violence
or threat thereof, notwithstanding its motives or intentions, perpetrated
to carry out an individual or collective criminal plan with the aim of
terrorising people or threatening to harm them or imperilling their lives,
honour, freedoms, security or rights, or exposing the environment or any
facility or public or private property to hazards or occupying or seizing
them or endangering a national resource or international facilities or
threatening the stability, territorial integrity, political unity or sovereignty
of independent states.
This definition not only covers individual or group terrorism
but also state terrorism like what India is doing in Occupied Kashmir.
The above measures are all legal and administrative in
nature. The elimination of terrorism in all its forms is imperative for
the survival of humanity. Cooperation and coordination of every section
of the society is necessary but the above measures have neither succeeded
nor are they expected to achieve a satisfactory level of success unless
the root causes of terrorism are also effectively and judiciously addressed
universally and not selectively. The only forum available is the International
Court of Justice but its mandatory jurisdiction is very limited. If its
scope is broadened to check unilateral actions by individual states on
genuine and some times even self-created reasons for use of force, the
present trend of might is right can be effectively reversed.