ABSTRACT
This study provides an in-depth analysis of the legality of terrorist organization authorities, the various mechanisms used to counter that governance through international treaties and conventions meant to protect the rights and liberties of individuals in such conflict-hit zones, and the intricate complexities in its enforcement.
A brief history of terrorist governments formed worldwide is provided, along with the current situation in those occupied states. The role of the various international treaties and conventions is examined, and a certain set of solutions is provided.
KEYWORDS
Terrorist organization, International community, Counter-terrorism, Funding, Extradition
INTRODUCTION
A terrorist organization is an organization that a court finds is directly or indirectly engaged in preparing, planning, assisting, or fostering the doing of a terrorist act
or the government has listed as a terrorist organization by regulations. The first widely recognized case of a terrorist organization ruling a country was The Reign of Jacobins during the French Revolution (1793-94). Considered ‘The Reign of Terror’, it set the foundation of the concept of political terrorism around the globe.
Following it, several terrorist organizations came to power in different countries but for a temporary period. The world went into shock when the Taliban seized the seat of power in Afghanistan with mixed reactions from the world on 15th August 2021. Although the UN refuses to recognize the Taliban government and considers the Islamic State of Afghanistan as the legitimate government of Afghanistan, it has continued to rule the resources-rich nation for the past three years with its most brutal version of Sharia Law. In the most recent times, Hayat Tahrir al-Sham (HTS), a branch of al-Qaeda that severed links to it and is designated as a terrorist organization by the US State Department, has formed an ‘interim government’ in Syria by the ouster of the leader Bashar al-Assad.
In the present landscape, there is no internationally agreed legal framework or set of guidelines that legitimizes or recognizes the rule of terrorist organizations over a country. However, certain mechanisms provide frameworks for countering such organizations if they come to power in a country.
RESEARCH METHODOLOGY
The research methodology employed in this study allows for in-depth analysis of the various treaties and conventions dealing with situations of illegal, terrorist governance over territories. The qualitative approach provided rich insights into the challenges faced in implementing these protocols. Articles, research papers, and websites are examples of secondary sources of information that are used in the research.
REVIEW OF LITERATURE
An article titled “Human Rights, Terrorism and Counter-Terrorism,” at www.ohchr.org defines human rights and terrorism, the rights of persons while countering terrorism, and also provides insights into specific human rights challenges in the context of terrorism and counter-terrorism.
INSTANCES WHEN TERRORIST ORGANIZATION CAME TO POWER IN A NATION
Terrorist groups more formally started ruling countries in the 20th century. Here are the following terrorist organizations that formed governments in the countries:
- Taliban in Afghanistan: Taliban, the literal Arabic term for “student” first seized Kabul in 1996 and retained control over it till 2001 but was ousted by a US-led coalition consisting of Canada, Britain, and Australia in 2001. After the withdrawal of US forces on 29th February 2020, the Taliban saw this as an apt opportunity to regain power and seized the theocratic country on 15th August 2021. It has currently implemented a stricter version of Sharia in Afghanistan and has made the soil of Afghani people an open prison for them, especially for women.
- ISIS/ISIL in Iraq and Syria: The Islamic State of Iraq and Syria/ Levant, a sprout of al-Qaeda declared a ‘Caliphate’ over around 30% of territory in Syria and 70% of Iraq. It also like the Taliban implemented a stricter version of Sharia and carried out beheadings and genocide against communities like Yazidis in north-eastern Iraq. On 9th December 2017, Iraq declared victory over ISIS and ISIS lost all the territories in Iraq but had control over 5% of Syrian territory as of December 2017.
- Al-Shabaab in Somalia: Harakat al-Shabaab al Mujhahideen, commonly known as al-Shabaab, is a Somalia-based militant organization founded in 2006. At present times, it continues to exercise control over 20% of Somalia’s territory, especially in the southern region and includes regions such as Jubaland and areas along the border of Kenya. It too has its genesis in Al-Qaeeda and governs its illegally occupied territory through a strict version of Syria. Despite an ongoing military offensive against it, especially the August 2023 renewed offensive by Somalia’s government, it continues to rule a part of the country.
- Hezbollah in Lebanon: Hezbollah, literally meaning ‘The Party of the God’, was founded in 1982. It is a Shia militant group that advocates the Shia sect’s empowerment globally and was formed as a response to Israel’s invasion of Lebanon. It exercises significant control in Shiite-populated areas, especially Beirut, Bekaa Valley, Shebaa Farms, and Southern Lebanon. Hezbollah, due to its autonomy in these regions, acts as the Lebanese Armed Forces (LAF) and has engaged in a confrontation with Israel by attacking its northern frontiers after the Hamas offensive in Israel until a ceasefire was brokered on 27th November 2024. Lebanon’s government has carried out limited offensives against Hezbollah due to its control over vast territories and strong military capabilities consisting of 40,000 to 50,000 troops 150,000 rockets and missiles.
associates in the background of Taliban’s takeover of Kabul in 1999. The resolution urges the Taliban to complete the cessation of training it provides to international terrorist and not to provide their territories as a base for terrorist activities. The resolution yearns for the Taliban’s handover of Osama bin Laden to a country where he would be put to trial before a competent court of law. It mandates members to reject any permission for the take-off or landing of aircraft owned by the Taliban on their territories unless for a humanitarian reason and also freeze funds and assets that benefit the Taliban unless for humanitarian purposes approved by UNSC. It calls for the establishment of a Sanctions Committee to ensure compliance with the above norms and report any violation. It urges cooperation among states to meet all these objectives and take stringent action against Osama bin Laden and his associates.
- International Convention for the Suppression of the Financing of Terrorism (1999): The resolution was adopted by UNGA on Dec 9, 1999, and signed on USA’s behalf on Jan 10, 2000. The treaty mandates all states to criminalize the collection of funds for terrorist activities in their respective domain with the knowledge that the funds will be used for terrorist activities as defined in this treaty. It calls for framing such legislation that would ensure prosecution and extradition of individuals involved in financing terrorism. It freezes funds meant for terrorist activities and disallows any sharing of forfeited funds among members. It advances judicial and bureaucratic cooperation to identify and seize terrorist funds without providing bank secrecy as a justification for non-cooperation. By October 2018, 188 countries ratified it (one of the highest accepted treaties in history) and it acted as a major disincentive for financing networks supporting terrorist acts.
- International Convention for the Suppression of Terrorist Bombings (1997): This treaty was adopted by the UNGA on the 15th of December 1997 to supplement global cooperation to prevent and prosecute terrorist bombing activities. The convention has defined certain acts as offenses, and among them are the illegal and intentional delivery, placement, discharge, or detonation of explosives or other lethal devices in public places, state facilities, public transport systems, or infrastructure with an intent to cause death, serious injury, or extensive destruction resulting in major economic loss. The parties to UNGA are required to legislate laws to criminalize these acts within their domestic jurisdiction and develop mechanisms to prosecute and extradite those individuals related to such activities. The jurisdictional applicability of this treaty is universal, meaning any actor can punish individuals affiliated with such offenses regardless of the place of committing these offenses. It calls for providing legal assistance among members for processes such as the investigation of evidence and facilitating the extradition process. The treaty serves its objectives of avoiding public threat thereby promoting public safety and global tranquillity.
- Geneva Convention of 1949: In the backdrop of World War II, the Geneva Convention consists of 4 treaties to protect persons not engaged in war directly including medical personnel, civilians, and prisoners of war. The following four treaties of the Geneva Convention consist of:
- First Geneva Convention: It urges to provide humane and medical treatment to wounded and injured soldiers on land during wars or conflicts irrespective of any sort of discrimination.
- Second Geneva Convention: It acts as a protection blanket for wounded and injured military personnel at sea, including those who are shipwrecked, and also protection of hospital ships.
- Third Geneva Convention: It defines the rights of prisoners of war requires just and humane treatment to them and condemns any torture committed upon them.
- Fourth Geneva Convention: It states to provide humane treatment to civilians in occupied territories and prohibits collective punishment, deportation, or torture of such individuals.
- Rome Statue of the International Criminal Court (1998): This international treaty was adopted on the 17th of July 1998 at a conference held in Rome. It aims to hold people accountable for committing serious offenses. Under this treaty, the ICC can exercise jurisdiction if the crime was committed within the boundaries of the state that is a signatory to the treaty, the individual accused of a crime is a national of the signatory state, or if the UNSC refers the matter to ICC. Further, it defines four types of crimes: Crimes of Aggression, War Crimes, Crimes against Humanity, and Genocide. It acts as a complementary force to the legislation of national laws of states and it defines the rights of victims to be part of proceedings before the ICC.
- International Covenant on Civil and Political Rights (1996): The treaty which was adopted on the 16th of December 1996 calls for the recognition of fundamental rights of civilians even under terrorist rule. The first Article of this treaty gives individuals the right of ‘self-determination’ or the right to determine their political status including the right to seek furtherance of their economic, social, or cultural development. The other articles protect other civil and political rights such as the right to life, expression, liberty, fair trial, assembly, and association. Also known as the International Bill of Human Rights, including the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR), it protects the liberty and rights of individuals.
- Convention Against Torture (1984): The UNCAT Convention Against Torture and Other Cruel, Inhuman or Degrading Punishment or Treatment was adopted by the UNGA on the 10th of December 1984. It condemns any form of torture employed by terrorist organizations for seeking obedience. It obligates states to come up with legislations that criminalize any sort of torture without giving exceptions for war or emergency. It also prohibits refoulement of refugees to a country where they are subject to prosecution. It also sets up a Committee Against Torture to monitor compliance by member states to the treaty.