ДЕФІНІЦІЯ МІЖНАРОДНОГО ТЕРОРИЗМУ В МІЖНАРОДНОМУ ПРАВІ

Abstract

The article explores the concept of international terrorism, clarifies the origin, content and scope of this concept, analyzes the doctrinal views on the definition of international terrorism and clarifies its essential features, gives a general description of the international cooperation of states within the UN within the codification of international crimes and the definition of international  terrorism, offers the author's definition of the crime of international terrorism.

The author emphasizes that the problem of war and peace for the present world and security remains the most pressing among other global problems of our time and notes that one of the specific types of war in international space is international terrorism. Every year more and more people are killed by terrorist acts, and there is no effective mechanism for counteracting this phenomenon and there is no single view of this phenomenon among scientists and in international law.

The term - "International terrorism" is considered by various authors as an international crime, an international criminal offense, a crime of an international kind or a criminal act of a general criminal kind, which inevitably affects its features. The independent composition of international terrorism is still missing from the draft Code of Crimes against Peace and Security of Humanity 1996 and in the Rome Statute of the International Criminal Court 1998. One explanation for such non-specificity in the definition and punishment of the crime of international terrorism is the politicization of this concept and its estimates. So far, terrorism often acts as an effective instrument in the conflicts of developed and third world countries, and it does not help to find consensus of its definition.

I propose after analysis the doctrine and practice of implementing international law to define international terrorism as: the planning, implementation, organization, promotion or financing of acts of terrorism that have caused or may have grave international consequences: an international armed conflict; complications of diplomatic activity of states; mass casualties; large-scale, serious environmental damage; mass violations of human rights, etc.