Acts of Terrorism as a Crime Against Humanity Under
knowledge and technology of a nation, but globalization provides.
However, globalization increasingly facilitates the spread of radicalism and terrorism ideologies through the sophistication of media and the internet that is used by many people.
Terror and Terrorism
There are many definitions of terrorist but no universally accepted definition of terrorism until now, even the United Nation agencies haven’t succeeded in making the official definition of terrorism. Literally, the word terrorism comes from the basic word
"terrere" which means that fear is extraordinary, frightening, terrible which means to fear or scare. The word terrorism was first popularized during the French Revolution through the system or regime de la terreur of 1793-1794. It was designed to consolidate the new government’s power by intimidating counter-revolutionaries, subversives and all other dissidents whom the new regime regarded as “enemies of the people” [8].
Terror is the tool with which Bin-Laden and his people aspire to make their vision a reality. Since the nineties, Afghan alumni have been involved in the majority of large-scale terror attacks all over the world. This terror system included the perpetration of terror attacks and mass killings. Terrorism has a diverse and broad understanding.
A. Schmid defines terrorism as ‘a method of combat in which random or symbolic victims become targets of violence’. Through the previous use of violence or the credible threat of violence, other members of a group are put in a state of chronic fear (terror) [10].
According to the U.S. Federal Bureau of Investigation (FBI), terrorism defined as ‘the unlawful use of force or violence against persons or property to intimidate or coerce the government, the civilian population or any segment thereof, in furtherance of political or social objectives’
[3]. Meanwhile, the U.S. Departmenet of Defense defines it as ‘the calculated use of unlawful violence or threat of unlawful violence to inculcate fear; intended to coerce or to intimidate governments or societies in the pursuit of goals that are generally political, religious or ideological objectives’ [10].
Terror means the use of force to create or condition a climate of fear within a wider group of people, rather than just the fall of victims of violence. Terror is the tool with which Bin-Laden and his people aspire to make their vision a reality. Since the nineties, Afghan alumni have been involved in the majority of large-scale terror attacks all over the world. This terror system included the perpetration of terror attacks and mass killings [11].
Terrorism is the most widely accepted contemporarly usage of the term, is fundamentally and inherently political. It is also ineluctably about power, the pursuit of power, the acquisition of power and the use of power to achieve political change [11].
Terrorism is thus violence or equally important, the threat of violence, which is used and directed in pursuit of, or in service of a political aim [2].
The existence of mass media publications is one of the goals of acts of violence from an act of terror, so that the perpetrators feel successful when the terrorist violence they commit can be published in the mass media. In its development the concept of terrorism developed into a method or technique of intimidation with systematic goals to realize a particular political interest [1]. Terrorism has the main objective of extensive publications through mass media. The mass media is also greatly benefited by the existence of sensational and spectacular news of violence and terror acts to increase the circulation of print media [9]. All kinds of reports both positive and negative about terrorism will be very valuable for the survival of terrorist organizations [11].
Terror can be understood as an activity that spreads fear even though sometimes it is understood as a word of state like an atmosphere of terror. Terrorists refer to the perpetrators of acts of terror while terrorism is understood as an attempt to create a frightening situation in certain specific ways such as suicide bombings, with specific objectives. Not every terror can be classified as terrorism but every terrorism is always an act of terror.
Some of the characteristics of terrorism that can be identified as following: 1) there is the use of violence in every terrorism action both by individuals and by certain groups, both by individuals and groups; 2) the purpose of terrorism is to deliberately spread fear in order to achieve a higher goal; 3) there are complex motives in the matter of terrorism such as national separatist, ideological, religious, economic, ethnocentric motives and also support from the sponsoring state.
Mahathir Mohammad said that the most important thing before knowing the terrorism, we must determine who a terrorist is.
This is important because people who some people describe as terrorist are regarded as noble freedom fighters by some other. More confusing still, some are condemned as terrorist one day, only to be considered respectable people another day [7]. For examples, the Jewish Haganah , Irgun Zeva’I Le’umi, and Stern Gang were at one time regarded as terrorist and were haunted by the Britihs. But later they become respected leaders of Israels. Although the Jewish terrorist
group of the 1940s known as Lehi or Stern Gang after its founder and first leader, AbrahamStern, would admit to its effective use of terrorist tactics, its members never considered themselves to be terrorists [2].
Jomo Kenyatta and Robert Mugabe were described as terrorirst and were condemned by the British only to become in the ende the acknolwedged leaders of independent states. The Irish Republican Army (IRA) is a terrorist organisation in the eyes of the British but are regarded as freedom fighters worthy of financail support by the American.
Unlike the ordinary criminal, the terrorist is not pursuing purely egocentric goals, he isnot driven by the wish to line his own pocket or satisfy some personal need or grievance. The terrorist is fundamentally an altruist; he believs that he is serving a “good” cause designed to achieve a greater good for a wider constituency wheather its real or imagined, that the terrorist and his organizations purport to represent. The terrorist is fundamentallya a violent intellectual, prepared to use and indeed, committed to using fornce in the attainment of his goals.
‘State’ and ‘Non-State Terrorism’
Generally, acts of terrorism can be cathegorized into two kinds. The first is a ‘State Terrorism’ or ‘State Sponsored Terrorism’
and the second is a ‘non-State Terrorism’. ‘State Terrorism is a use of terror by a government as an instrument to subjugate other party to achieve governments purposes. State Terrorism is likely occurred in the authoritarian and repressive government. In other words, this kind of authoritarian and repressive government always using terror as their instrument to intimidate anyone against their policies. State terrorism usually always receives support from the government for policies on the use of violence, coercion and intimidation. These acts of violence and coercion are intended to fight enemies who are considered to have threatened state security [5].
The Reign of Terror, which led by radical Jacobin-dominated government, is a good example of State Terrorism carried out to further the goals of a revolutionary ideology. During the Terror, thousands of opponent to the Jacobin dictatorship were arrested and put on trial before a Revolutionary Tribunal. Those found to be enemies of the Republic were beheaded by a new instrument of execution called ‘the guillotine’ which has the capability to execute victims. Between 17.000 and 40.000 persons were execute and perhaps 200.000 political prisonders died in prisons from desease and starvation [4].
Until now there are two categories of terrorism known to the international community. First is the terrorism group that emerged from below (terrorism from below). For example the radical rebel groups, the minorities who became oposists of the Government and using political violence which aimed at opposing state power or government like the Palestinian Liberation Organization (PLO), Irish Republican Army (IRA) in North Ireland, the Kashmiri extremist groups which operated in the borders of Pakistan and India. Second is state terrorism. State terrorism always uses violence and threats carried out by governments that have the authority to fight civilians who represent terrorism from the above (terrorism from above). State terrorism is usually carried out in an authoritarian and stressful government regime. Examples are the regime's terrorist acts carried out by Stalin against the civilian population of the Soviet Union, and the atrocities committed by Saddam Hussein against Iraq. When Mao Zedong came to power in China, the “reign of terror” also conducted by its government. Between the years of 1950-1953, about 10-20 million people were destroyed. The same thing also conducted by dictator Pol Pot who has committed to 3 million of its 8 million people through his government agency and the Khmer regime.
On the other hand, ‘Non-State Terrorism’ is a terror used by non-State actor by individual or certain group of people against the people or government with any motives behind. For example, the terrorist group of Bali Bombing which was led by Imam Samudera, the terrorist group of Noordin M. Top from Jemaah Islamiyah, the radical terrorist Group of Santoso which has conducted many acts of terror in Poso, Sulawesi, Indonesia and also include the radical terrorist group of Abu Sayyaf who committed murder and hostages in the south areas of Philippine.
The acts of terrorism which committed by some countries such as Iran, Afghanishtan, Libya, Syiria and North Korea, also can be labelled as ‘State Sponsored Terrrorism’ which has the following characteristics. First, they conducted actual and direct acts of terrorism, like North Korea which has destroyed the aircraft of South Korea; Afghanisthan who sent the agent to Pakistan to carry out bombings widely in various regions. Second, provide directs support and encouragement and material assistance to terrorist groups to carry out attacks on a target within a country (for their own purposes or other countries purposes), by voicing a message from the sponsoring country. For example, Iran and Libya often conducts acts of terrorism by using local terrorist groups in a country to convey messages and interest of the sponsored country. Another example like Bali Bombing, JW. Marriot bombing and Australian embassy bombing
in Jakarta are conducted by terrorist groups who get supports from the sponsored country for their benefits. Third,they provided weapons,explosives, protection and shelter and instilling their ideology as justification of acts of terrorism.
Terrorism: a Crime against Humanity
The term of a crime against humanity was first recognized in the joint declaration between France, United Kingdom and Russia on 24th of May, 1915. This declaration was intended to condemn the Turkish atrocities that have been made during the war against Armenians in Turkey. This massacre of Armenia’s population known as a ‘crime against humanity’. The 1945 Charter of the Military Tribunal at Nuremberg identified three classes of international crime;
a) Crime Against Peace; b) War Crimes; c) Crimes Against Humanity.
Even the Statute of International Criminal Court list four categories of crimes to be prosecuted by the ICC;a) the crime of genocide; b) the crime of aggression; c) war crimes and crimes against humanity.
Crime against humanity usually conducted in a systematic way and causing physical or mental suffering, or killing of human beings that are contrary to human civilization as well as violating the principles of international law. Crime against humanity is a criminal act which creates the condition of individuals and communities in an atmosphere of terror. In the perspective of human rights, crimes against humanity can be classified to gross violation of human rights, if the acts committed as part of a ‘widespread’ and ‘systematic’ attack, directed against the civilian population, which is committed against innocent civilians like the Bali bombing incidents.
Crime against humanity was known for the first time in the London Charter of the International Military Tribunal (IMT) 1915, which resulted the Nuremberg Trial that prosecuted the German NAZI war criminals. In the Article 6 (c) of Nuremberg Charter, “Crime against humanity is defined as: murder, extermination, enslavement, deportation and other inhuman acts committed against any civilian population, before or during the war, or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated”.
In the Judgment of the International Military Tribunal for the Trial of German Major War Criminals it was also stated that the Tribunal therefore cannot make a general declaration that the acts before 1939 were crimes against humanity within the meaning of the Charter, but from the beginning of the war in 1939 war crimes were committed on a vast scale, which were also crimes against humanity;
and insofar as the inhumane acts charged in the indictment, and
committed after the beginning of the war, did not constitute war crimes, they were all committed in execution of, or in connection with, the aggressive war, and therefore constituted crimes against humanity.
Crimes against humanity completely and clearly stated in the Statute of the International Criminal Court (ICC) which is known as the Rome Statute, 1998. In the article 7 of the Rome Statute, crime against humanity defined as “any of the following acts when committed as part of a “widespread” or “systematic attack” directed against any civilian population, with knowledge of the attack: (a) murder;
(b) extermination; (c) enslavement; (d) deportation or forcible transfer of population; (e) imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(f) torture; (g) rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; (h) persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; (i) enforced disappearance of persons; (j) the crime of apartheid; (k) other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health”.
Crimes Against Humanity often committed in the times of peace, as well as during internal wars and international wars. Thus, from the formulation of Article 7 we can see that the Rome Statute of 1998 already contained the basics of an act or acts that qualify as crimes against humanity which condemned by the international community as a crime against human civilization (Hostis Humanis Generis). Based on the elements of crimes against humanity that have been regulated in Article 7 of the Statute of the International Criminal Court , the acts of terrorism can be classified as 'crimes against humanity’.
Even though acts of terrorism are not included in the jurisdiction of the International Criminal Court (ICC), various acts of terrorism contain many elements which belonging to crimes against humanity. According to Cheriff Bassiouni, terrorism as a crime against humanity can be characterized by several things as follows: 1) special crimes committed as part of state policy, 2) actions based on emphasis and discrimination on a group whose personality can be identified, 3) actions referred to as crime in national criminal law of a country; 4) the crime is committed by an official or state official or agency agent
related to a policy; 5) the crime can be attributed to war in a legal charter [6]. In order to establish a person as a perpetrator of a crime against humanity there must be an act carried out with awareness or knowledge that the action is deadly, carried out extensively or systematically against the civilian population and it’s a continuation of a policy carried out by State and certain groups (non-state).
Conclusion
The conclusions of this study are as follows. First, acts of terrorism constitute a crime against humanity because the acts of terrorism often conducted systematically, widespread, organized by State actors or non-State actors, causing death and serious injury, targeting civilian people and military objects, and violates the humanity. Secondly, terrorism acts nowadays widely practiced by non-state Actor rather than state actors because non-state actors are easier, faster and more comfortable to organize and facilitate the devices and the people who will be involved in the acts of terrorism and even the states who will support the terrorism acts. Thirdly, the International Criminal Court (ICC) can be used as the right tool in dealing with terror crimes in the future because it has the potential to prosecute acts of terror where this court has a special juridical to prosecute serious crimes such as war crimes, aggression, genocide and crimes against humanity . Even though terrorism has not yet entered the ICC jurisdiction, terrorism has many elements of crime against humanity which will be potential to be prosecuted as a crime against humanity.
References
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[2] Bruce Hoffman, Inside Terrorism, Columbia University Press, 2006
[3] FBI, Terrorism 2002/2005, https://www.fbi.gov/stats-services/publications/terrorism-2002-2005
[4] Griset, Pamala L, and Sue Mahan, Terrorism in Perspective,Thousands Oaks, CA: Sage, 2007
[5] Jawahir Thontowi, Terorisme Negara Kerjasama Konspiratif Menjinakkan Islam Fundamentalis, UII Press, Yogjakarta, 2013 [6] King Faisal Sulaiman, Who is the Real Terrorist, Menguak Mitos
Kejahatan, Elmatera Publishing, Yogjakarta: 2007
[7] Mahathir Mohammad, Terrorism and The Real Issues ,Pelanduk, Malaysia, 2003
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[9] Sukawarsini Djelantik, Terorisme Tinjauan Psiko-politik, Peran Media, Kemiskinan dan Keamanan Nasional, Buku Obor, Bandung : 2010
[10] Schmid, A. 1983. Political Terrorism: A Research Guide to Concepts, Theories, Data Basses and Literature. New Brunswick:
Transaction
[11] Yoram Schweitzer & Shaul Shay, The Globalization of Terror The Challenge of Al Qaida and the Response of the International Community , Transaction Publishers, New York, 2003