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Электронное приложение к журналу «
Международная жизнь
»
Author : A. Varfolomeev
Assistant Professor, National Research University - Higher School of Economics, Nizhny Novgorod,
Candidate of Science (Political Sciences)
DESPITE SIGNIFICANT EFFORTS by the world community, the
problems of new challenges continue to define the agenda of today's
international security, and the key non-state threat - international ter-
rorist activities - remains a primary concern for all major countries
and international organizations.
In this article we want to focus attention on the political-legal com-
ponent of the drive against international terrorism. Without detract-
ing from the significance of the aforesaid technologies to counter
terrorism, we shall note that the political-legal thrust here plays a spe-
cial role. First, this is due to the very nature of terrorism, which is a
kind of politically motivated crime. Secondly, speaking of interna-
tional terrorist activities, one has to say that in a whole series of historical cases individual govern-
ments have "flirted" with terrorists and tried to use them to promote their own narrowly defined
political objectives, in particular to destabilize the situation in neighboring countries, and with other
aims contrary to the spirit and letter of international law.
While paying tribute to the key role of the UN Security Council, we have to admit that in our days
States continue to assume the main responsibility for countering transnational terrorist activities.
National legal systems apply the standard penal code to this kind of international crime, and typify
its specific manifestations as common felonies thereunder. In addition, domestic anti-terrorism meas-
ures are applicable under constitutional and administrative law, but they are mostly institutional in
nature.
There is a certain antagonism of the approaches to dealing with international terrorist activities pur-
sued on national and international levels. Meanwhile, the picture should be quite different: they ought
to complement each other, thereby increasing the effectiveness of counter-terrorism measures.
We believe that it is necessary not to seek a replacement to law enforcement at the national level,
but instead to increase its effectiveness, including through the planned development of international
anti-crime cooperation and the adoption of foreign advanced expertise and best practices. The idea
about the use of universal jurisdiction against terrorists as the right of any State to capture these
criminals and bring them to trial in its courts - by analogy with the fight against pirates - is perhaps
not.
We think it's important to make one more clarification. As part of our discussion, we have introduced
a binary classification of international terrorist activities as if this were a consecutive process.
It is very difficult therefore to overestimate the significance of the political-legal technologies to
counter international terrorist activities. Their successful application will, to a significant extent, de-
termine the result of the fight against the main non-state threat to international peace and security
in our time.
Political-Legal Technologies vs. International Terrorist Activities