an important action was the enactment
of the International Convention for the Suppression of the Financing of
Terrorism (1999). The Convention shares similar Articles to those found in the International
Convention for the Suppression of Terrorist Bombings Convention (1997).
Therefore,
development on the targets of international law was limited. However, one
distinct characteristic of the Convention is that it aims to destroy the core
of terrorism – if finances
are suspended, then executing terrorist operations will prove difficult due to
the lack of sufficient funds.
Nevertheless, the Convention fails to target
the reasons behind why individuals fund terrorism. There may be some
psychological factors relating to the reasons why an individual might finance
terrorism, for example, frustration with certain lifestyles or just the support
of extremist ideologies might trigger an individual to support terrorist acts.
Moreover, support of those ideologies and philosophies might be inherited or
learned through biological factors, culture and socialization.
Economically, financing terrorism is not only
beneficial to the terrorist group conducting it but also to the provider of the
funds. For example, if Iraq is the leading State in the production of oil, then
terrorism cripples its production rate. Consequently, it helps advance the oil
business of competitor states, where foreign investors and international firms
prefer peaceful environments.
On the other hand, the political reasons are
very similar to factors that aim to ruin a State’s economy. However, politics
are also influenced by various factors, such as culture, the spread of
different ideologies and interest groups, and religion. Financing terrorism
could be a way with which autocratic political leaders express disdain towards
another State. Despite all of these extra-legal factors that influence the
financing of terrorism, the Convention fails to address these issues.
International Convention for the
Suppression of Acts of Nuclear Terrorism (2005)
The past two decades have witnessed a
significant increase in terrorist destructiveness. The profound fear of nuclear
weapons is understandable because the consequences are not only deadly but
cause catastrophe on a global scale. If the Hiroshima
and Nagasaki tragedies in 1945 are any indication, then another nuclear
explosion will result in massive international damage. These grave violations
of rights and disrespect for human life were enough to instill fear within most
states.
Nuclear weapons became attractive to all
types of organizations: both states and terrorist groups. For example, the Pelindaba
attack in South Africa in 2007 caused public and legal uproar over the
protection needed relating to nuclear materials. The attack reportedly involved
two groups of men, who gained access to a control room in a corporation that
stored hundreds of kilograms of highly enriched uranium. Despite the fact that
the motives for the breach on the corporation’s estate are unknown, yet it was
obvious that nuclear weapons had gained the attention of criminals and
terrorists, and, hence, better laws and protective measures are needed.
The main international convention regulating
nuclear weapons is the International Convention for the Suppression of Acts of
Nuclear Terrorism (2005). Similar to the International Convention for the
Suppression of Terrorist Bombings (1997) and the International
Convention for the Suppression of the Financing of Terrorism (1999), this
Convention rejects any justification for terrorism (Article 6). However, its
main failure is its lack of jurisdiction over States [Article 4(4)]. In other
words, it only applies to terrorist groups, individuals and organizations. This
lack of application to States is illogical for two reasons: the first nuclear
wars were started by States during the Second World War and not terrorist
groups, and States that sponsor terrorism do not fall within the jurisdiction
of the Convention (2005), and, thus, cannot be held accountable. Moreover, any
terrorist group seeking a nuclear weapon requires a state source to enable it
to obtain certain materials needed to build the weapon. Thus, since a
connection with a state is crucial for terrorists to acquire nuclear weapons,
the Convention should have jurisdiction over states and be able to hold them
accountable.
In addition, nuclear-weapon States are States
that have rights to develop nuclear weapons under the Treaty of
Nonproliferation of Nuclear Weapons (1968). These are: China, Russia, the
USA, the United Kingdom (UK) and France. The Nonproliferation of Nuclear
Weapons Treaty (1968) governs the production of nuclear energy and its peaceful
use and includes three pillars: criminalizing the transferring of nuclear
weapons (Articles 1 and 2); binding States to peacefully use and develop
nuclear energy (Article 5); and supporting nuclear disarmament (Article 6).
Nevertheless, the five nuclear-weapon states have adopted different policies
towards using their nuclear weapons, but have maintained that nuclear weapons
will be used if deemed necessary. Nevertheless, all five States use the idea of
‘self-defense’ or ‘deterrence’ to justify owning nuclear weapons, with the aim
of persuading potential enemies that the risk of using nuclear weapons against
those five states is higher than the gains. But what about the right of those
potential adversaries to self-defense and deterring measures?
This is where the extra-legal factors are
triggered – mainly
political factors. The fact that only certain States are legally able to
possess nuclear weapons alienates other States; specifically, if there is an
already-existing conflict. These political implications give rise to intra-State
rivalry, further motivating States to use terrorism as a method. Instead of
granting attention to the political factors that could result in a nuclear war,
the International Convention for the Suppression of Acts of Nuclear Terrorism
(2005) states that offences found in this Convention are not to be
“regarded…[a]s an offence inspired by political motives (Article 15)”. In other
words, the Convention fails to address the political factors that increase the
chances of a nuclear war because it disregards the possibility of a State
helping a terrorist group, and ignores political inequality relating to owning
nuclear weapons.
Conclusion
It is true that religion does have an
influence on terrorism, but it is not greater than the influence of other
extra-legal factors. Notwithstanding the fact that the media is the key factor
behind labeling religion with terrorism, scholars have also extensively related
religion to terrorism. This failure to accurately address terrorism resulted in
an international lacuna – a gap that led to an increase in the number of
terrorist groups.
The war on terrorism requires the adoption of
both social and legal measures. Failure to act will only lead to an increase in
powerful terrorist groups. The current fight against terrorism is unrealistic.
In fact, measures taken rely on compliance with international law. However,
compliance with law is the last concern of terrorist groups.
With regard to the legal situation, the first
and foremost important change needed is an international consensus on the
meaning of terrorism; the UN has yet to agree on a functional definition.
Furthermore, in order to socially combat terrorism,
stereotypes of Muslims must be eradicated. This is because the alienation of
Muslims in Western societies might act as a sociological factor that may
motivate an individual to seek revenge through executing terrorist acts.
Moreover, bias and discrimination would result in Muslims employing a defense
mechanism to protect themselves. This defense mechanism might develop into
hostility towards civilians, the government and political authorities.
Therefore, the religious focus must shift to include extra-legal elements in
order to consider all possible motivations relating to terrorism.
Economic issues must also be targeted and
resolved to lessen the attractiveness of incentives promised by terrorist
groups to potential recruits. Furthermore, more research is required relating
to the effects of psychological factors associated with terrorism. Social
issues are very important in combating terrorism because they have a major
influence over human behavior.
No matter how successful legal Conventions
and Resolutions against terrorism are, they will not eradicate terrorist acts.
International Conventions are useful in establishing that no crime will go
unpunished, but terrorists disdain the nature of law. Therefore, respect for it
is non- existent. As a result, the international community must collaborate on
both legal measures and methods to analyze extra-legal factors in order to stop
the formation or expansion of terrorist groups.