Author By : Ropafadzo Mazorodze.
Institution : Vishwakarma University.
Introduction.
International law refers to a series of rules and regulations that aims to maintain peace and order for independent countries and multinational bodies. These international laws play a vital role in eradicating terrorism and transnational crimes by introducing treaties, customary international laws, general principles of laws and judicial decisions. Thus all these ways are prone to stop global challenges therefore promoting peace, enhancing trade, safeguarding human rights and protecting the environment. Furthermore, international laws can also be used to combat terrorism and transnational crimes through establishing legal regulations, enacting unity and identifying the root cause of global unrest. The United Nations Of Counter-Terrorism (UNOCT) is the primary international organization that is used to solve cases of terrorism at global, regional and national levels. International laws also explore criminal laws, human rights laws, refugee laws and international humanitarian laws hence ensuring a safe and more secure world.
Historical evolution.
International laws gradually evolved from small acts that violated global peace and harmony to a broader aspect that categorized the types of crime and terrorism as well as the punishments given. When 9/11 attacks arose the legal sector had to gear up especially in financial and counter-terrorism verdicts in order to maintain peace. In early 9/11 status, international laws were put in place to solve issues such as aircraft hijacking and attacks on diplomats. The 1937 Convention for the Prevention and Punishment of Terrorism was introduced in an attempt to solve crimes that were currently evoking national peace thus criminalizing terrorist acts. The 9/11stroked fires of content as terrorist activities increased thus demanding an increase in international issues to keep the peace nature on-going. Terrorists are now using force politically, economically, socially and psychologically thus international organizations are working on eliminating it completely.
The role of International Law in Combating Terrorism and Transnational Crime.
International law has been seen as an alternative to stop terrorism and transnational crimes thus strengthening the rule of law and promoting human rights. Treaties and conventions were put in place to stop terrorism and transnational crimes as they worked on honoring the locals’ norms and values. These treaties vouch to punish offenders and stop upcoming terrorists and criminals from continuing to submerge. International law encourages countries to share information on their recent terrorist encounters so that they become updated and cautious on new terrorist strategies and enact on how to solve them. It also explores the root cause of terrorist activities and finds ways to stop them. For example, countries are giving unemployed youths jobs to fend for themselves. In addition, it seeks to balance security with protecting humans and ensuring freedoms so that no one is left out.
Corporate governance reforms of International Law in combating Terrorism and Transnational Crime.
Reforms in corporate government are essential in tackling terrorism and transnational crimes with the help of international laws through shared responsibilities and new laws states have managed to stabilize global peace as well as stopping terrorist activities. International laws keep terrorist activities under the leash because they keep a track of terrorist acts, money laundering and other related crimes that are demolishing the global peace and harmony. The corporate government has to upgrade their way of doing things. For instance, it should trace people’s cash flows as well as a country’s criminal activities. It should be transparent and accountable in its ruling so that no one misuses its power. International laws and corporate governance reforms are intertwined in fighting terrorism and transnational crimes thus they complement each other and serve their purposes. OECD Anti-Bribery Recommendations stopped bribery that was occurring between international business thus stopping transnational crimes from continuing.
Key guidelines of the role of International Law in combating Terrorism and Transnational Crime.
International laws play an essential role in combating terrorism and transnational crimes with key guidelines to promote international unity, punishing criminals and following obligations to install human rights principles in the general populace. Treaties and conventions such as the United Nations against Transnational Organized Crime (UNTOC) were formed to unite the nations in order to stop terrorist activities and transnational crimes all over the world. Experts and judges are expected to share their insights on these issues so that they know how to handle these issues. International laws must clearly define the term terrorism and transnational crimes so that courts do not mistake them with other crimes. Laws to stop terrorist activities and transnational crimes must adhere to respecting human rights such as the right to fair trial, freedom from torture and privacy especially those who are proven guilty. NATO provides support to countries facing terrorist attacks.
Regulations of the role of International Law in combating Terrorism and Transnational Crime.
Universal Anti-Terrorism Instruments (UATI) is one of the regulations put in place by international laws which is responsible for dealing with terrorist acts such as hijacking, hostage-taking and terrorist bombings as United Nations protocols. Secondly, UN Security Council Resolutions have been enacted to solve terrorist finance and anything related to terrorists monetary issues so that a country’s money does not lose its value over time. International Humanitarian Law (IHL) was revolutionized to stop terrorists who are heavily armed thus allowing the police to use weapons too as they save civilians and rescue hostages. However, people are still debating the true definition of terrorism and transnational crimes since its meaning is different in various courts and geographical locations. Balancing national security and human rights is very difficult because judges rule differently depending on the case presented.
Disclosure and transparency norms of the role Of International Law in combating Terrorism and Transnational Crime.
Terrorism and transnational crimes are combated using international laws as well as norms to promote disclosure and transparency. International laws were fostered with the help of norms such as treaties and conventions. These treaties work for both international and regional levels for instance UNTOC which criminalizes some virtuous acts, they provide legal frameworks to solve these mischievous acts and investigations are carried thoroughly leaving no stone unturned until a final judgement is ruled. Organizations like the Financial Action Task Force (FATF) deal with financial issues of individuals thus providing transparency on where their money is going and where they are coming from. This organization is mainly responsible for reducing cases of money laundering and terrorist financing. Judicial cooperation like collaborative investigations ensure that offenders are held responsible for the crimes they would have committed.
Challenges and criticisms of the role Of International Law in combating Terrorism and Transnational Crime.
International laws have been successful in eradicating terrorism and transnational crimes but it also encountered many challenges as more global threats rose. The first and foremost challenges encountered are different definitions of terrorism leading to many countries failing to criminalize it since they don’t have full knowledge of it. The lack of unity between national and international laws is creating coherent chaos as it is giving room for terrorists and criminals to continue jeopardizing national peace. International laws are being criticized due to the issue of double standards as many nations are applying counter-terrorism measures to marginalized societies thus leaving the elite to continue their acts without punishments. However, despite these challenges and criticisms the international laws continued to outweigh them and ensured peace, unity and human rights were honored as it stopped terrorism and crime.
Impacts of the role of International Law in combating Terrorism and Transnational Crime.
The emergency of international laws have positively and negatively impacted the world as they aimed at addressing terrorism and transnational crimes which were causing global unrest. International laws brought unity amongst nations through international agreements as different countries agreed to criminalize the same crimes, give the same judgement and join hands to carry out certain investigation cases of terrorism and transnational crimes are gradually decreasing since constitutions are aligning domestic laws with international standards so that people know what is right and wrong. International laws prevent terrorism by strengthening border laws so that no terrorists go unnoticed. In addition to that, international laws protect victims who survived transnational abductions such as kidnapping. International laws are preventing criminal activities including tourism by enacting the criminalization of financial preparations so that when terrorism and transnational crimes occur.
Future direction of the role of International Law in combating Terrorism and Transnational Crime.
The future of international laws in combating terrorism and transnational crimes is shining brightly since it enhances its structure to meet the advanced technology thus meeting the general population’s vital needs. I suggest that international laws strengthen its multilateral cooperation by ensuring that regional and international organizations share all details in regards to terrorism and international crimes so that it becomes easy to identify similar crimes in other member states. Furthermore, international laws should treat terrorism and transnational crimes as one because both of them are thoroughly organized hence they should be seen and ruled the same. Prevention and root cause analysis should be used effectively so that cases can be stopped before they even occur. Human rights must be a top priority in handling terrorism because people need to be protected at all costs thus honoring the right to personal security.
The Role of International Law in Combating Terrorism and Transnational Crime
Conclusion of the role of International Law in combating Terrorism and Transnational Crime.
International laws play a vital role in putting a stop on terrorism and international crimes as it enhances global peace, unity and ensures that human rights are prioritized more. Conclusively, terrorism and international crimes should be treated as one aspect because they both require strategic planning and they taint globe’s peace structure. Legal structures dealing with terrorism and international crimes such as UNODC and the Council of Europe must strengthen their laws so that these threats vanish instantly.
References :
Hudson, Manley O. ed. (1941). International Legislation: A Collection of the Texts of
Multipartite International Instruments of General Interest, vol. 7, no. 499.
Proudhon, P. J. (1840). What is Property? An Inquiry into the Principle of Right and of
Government.
Morozov, Nikolai (1880). “The Terrorist Struggle.” Fully reprinted reprinted in Violence in
Politics. Terror and Political Assassination in Eastern Europe and Russia, Feliks Gross ed.
The Hague and Paris: Mouton, 1972.
Thullen, George (1964). Problems of the Trusteeship System: a Study of Political Behavior in
the United Nations. Librairie Droz.
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