The Role of International Law in Combating Terrorism and Transnational Crime

Riya saha, Capital Law College BBSR

Introduction:

Terrorism is the deliberate and systematic use of violence or fear to achieve goals, often targeting civilians or non-combatants. It is a multifaceted phenomenon that uses terror and violence as their key weapon to intimidate or coerce societies, governments or individuals in pursuit of political, ideological, or religious goals.

Combating terrorism at the international level is a collective effort by different countries, organizations, and agencies to prevent the world from terrorist activities. Since 1963, the international community has established 19 international legal instruments to prevent terrorist acts. There is a growing awareness of international law which is directly relevant to the fight against terrorism.

International Law and Terrorism:

International laws play a vital role in this current scenario. They are made to maintain the peace, and security and maintain harmony between countries staying side by side. International law regulates the use of force, preventing wars and conflicts. They are also responsible for protecting human rights on the international stage. International law provides a framework for dispute resolution. It provides various mechanisms for resolving disputes between states, international organizations and even individuals. 

International law protects human rights, it provides a set of standard laws for human dignity, prevention from abuse and ensuring accountability. These international laws provide a framework for countries to collaborate on issues like health, environment, trade etc. They support economic growth, social justice and environmental protection by promoting sustainable development.

Terrorism is a global problem, every nation is fighting terrorism and trying to protect their nation and people in their ways. The main motive of terrorists is to spread fear and terror among common people. They usually have the same intentions and the same aim; their aim contradicts the rules and structures of a democratic and secular nation.  For the time being this terrorism took a serious way which the whole world is trying to control. 

These international laws came up with some major and advanced instruments for protecting the world from terrorism. 

Controlling Terrorism at the International stage:

International law has built a foundational framework by describing terrorism through conventions, treaties and agencies to prevent the terror of terrorism by promoting international cooperation in combating this global threat. 

Some key aspects are:

• United Nations Rule: the UN always stands first when it comes to a global matter. The UN Security Council resolution sets an international standard for counter-terrorism.

The UN Office of Counter-terrorism (UNOCT) coordinates with the rest of the world and provides them assistance in fighting against terrorism. 

• Global Counter: This is a terrorism strategy that was adopted by the UN General Assembly in the year 2006. It outlines the strong motive and approach towards preventing and combating terrorism. 
• International Cooperation: When it comes to fighting against a common global problem all nations stand by each other, they share information regarding any terrorist if a country asks for it and exchange their intelligence between them for faster results. 

They also operate joint operations and border control operations so that terrorists cannot take control of the borders.

• International treaties and Conventions: Many treaties and conventions have been signed by different countries to eradicate this problem of terror from society. For example, the International Convention for the Suppression of the Financing of Terrorism and the Convention on the Prevention of Terrorism. 
• Financial Counter Terrorism: The government of any nation or the UN-formed force freezes the assets of terrorists, they cease the articles or the hubs from where they used to get their funds, especially focusing on the big organizations who fund them large amounts of money. 
• Counter-Terrorism Agencies: The international forum has made many counter-terrorism agencies who have worked to either track down the hubs of terrorists or to diffuse their plans. 

Interpol Counter-Terrorism Fusion Center, the Court of International Affairs, and other national intelligence agencies are some examples who are responsible for a peaceful world. They risk their life for other people who may not even know the concern of terrorism in the world. 

• Capacity of building and Assistance: Army or specially selected people are given special training and support to countries to enhance their counter-terrorism capabilities. 
• Cybersecurity Cooperation: The concept of cyber is growing day by day, and even terrorists are spreading terror through the internet, hence new cyber security instructions and laws are being introduced day by day. 
• International Criminal Justice: International courts play the same role as the courts of other nations. The only difference is that their jurisdiction is wider than the national courts. They deal with all nationalities. 

Prosecuting terrorists is one of the biggest steps taken by the ICJ, addressing impunity through international courts and tribunals.

India’s tactics for dealing with Terrorism:

India hasn’t had any defined meaning for terrorism since its beginning, but the new Criminal laws introduced and enforced in the year 2024 have profoundly explained the meaning and definition of terrorism. Before that India depended upon a multi-faceted approach to deal with terrorism. As mentioned before, India does not have a particular definition for the global problem of terrorism hence they introduced a law targeting the prevention and punishments for creating terror in society, the Unlawful Activities (Prevention) Act (UAPA) it gave a legal mechanism to the country to prevent their people from terrorism. Amendments to this law gave a wider scope to the country for fighting against terrorism. India’s security forces which are the police, paramilitary forces, and intelligence agencies such as the Intelligence Bureau and RAW play a crucial role in counter-terrorism efforts. 

India has a bitter past when it comes to the border of our country. All our neighbors have captured some of our lands wrongfully so the government has a strong narrative on border security so that it could prevent infiltration of terrorist and illegal activities. BSFs and Coast Guards are deployed to monitor and protect India’s land and maritime boundaries. India works to disrupt the funding process for terrorists by implementing stringent measures to prevent and detect the financing of terrorism. The Indian judiciary stands out from other judiciaries of other countries. The Indian judiciary is a watchdog of a nation that has the largest democracy. It shows its softness as well as toughness according to the severity of a case ensuring that perpetrators are brought to justice. Special courts and fast-track mechanisms are established to expedite trials related to terrorism cases.   

Despite all these efforts India continues to witness challenges in combating terrorism. The 26/11 is the biggest example of India’s failure in combating terrorism. The memory of 26/11 remains a poignant reminder of the ongoing challenges posed by terrorism and the imperative for global collaboration to combat this menace. This is not the only time when India faced this failure it has become a regular stuff in the Jammu & Kashmir region. Now and then we get the news of a terrorist attack on civilians, police, army and pilgrimage. 

Transnational Crimes:

Transnational crimes refer to crimes that cross national borders impact multiple countries and often involve complex international networks. Some lists of transnational crimes are mentioned below:

• Arms Trafficking: the illegal distribution of arms without license and sale of ammunition.
• Human Trafficking: illegal trading of humans for slavery, sex work organ trade etc.
• Drug Trafficking: selling drugs illegally in another country or to another country.
• Counterfeiting and piracy: production and distribution of fake articles such as currency, medicines, food etc. 
• Cyber crimes: criminal activities carried out through the internet. 
• Money Laundering: Process of disguising the origin of illegally obtained money.
• Environmental Crimes: any activity that harms the environment in the way of illegal logging, wildlife trafficking, polluting the environment, etc.
• Terrorism: acts that promote terror and violence.

These crimes exploit the complexities and lacunas in international legal frameworks, often benefiting from advanced technology. Strengthening cross-border communications, enhancing information sharing, and fostering collaborative efforts are some crucial steps that could be taken to fight against transnational crimes. A coordinated and sustained global response is required to mitigate the impacts of these crimes and protect the integrity of the nations and their citizens. 

Conclusion:

International law plays a vital role in combating terrorism as it explains and defines terrorism very clearly. It provides a crucial framework for states to work together and fight against terrorism happening inter-territorial. These sets of laws have prosecution and punishments for terrorists and terror activities by safeguarding human rights. The key instrument includes UN resolutions, conventions, treaties, etc aiming at the prevention of terrorism and by criminalizing terrorist activities globally. It establishes common norms helping to standardize the approach for combating terrorism globally. Treaties and agreements under international law facilitate the extradition of terrorist suspects and provide mutual legal assistance, this helps in the prosecution of terrorists who operate across the borders of the nations. 

While international law is vital in the fight against terrorism its efficiency depends on the commitments of nations to adhere to and enforce these legal standards. If all nations follow the common law that has been set by the UN, then global power and unity will make the terrorists and their organizations bend before global peace and harmony. The UN has only made some set of rules but it’s the other countries who could make it law a non-binding law that can not be contemplated by the terrorists.