THE CONCEPT OF «TERRORISM» IN INTERNATIONAL LAW

Abstract

The article is devoted to the study of the international experience of defining the concept of «terrorism». It is noted that terrorism is a multifaceted destructive phenomenon that has a socio-political origin and a historically variable nature. Phenomena similar in features to various forms of modern terrorism were known and caused fear in the Middle Ages and the Early Modern Period. Today, this concept is used in several meanings: 1) state policy applied within the country against its own population; 2) internal terrorism carried out by private individuals or groups of individuals against other individuals, society or the state; 3) international terrorism, which includes acts of transnational violence sponsored by the state. It has been established that in international law, despite numerous attempts, there is still no consensus on a single universal definition of the concept of terrorism. The reason for this is seen in the political aspect of this socially dangerous phenomenon. In this regard, instead of developing a universal definition, a “sectoral (conventional) approach” is used at the interstate level. Since the 1960s, the international community has begun to develop conventions that condemn various types (manifestations) of terrorism. Under the auspices of the United Nations and the International Atomic Energy Agency, 19 “sectoral” international legal documents have been developed to prevent certain types of terrorist acts. These documents contain recommendations on: a) criminalization of specific types of socially dangerous behavior, b) establishment of extraterritorial jurisdiction, and c) international cooperation in the field of prosecution or extradition of suspects (the principle of aut dedere aut judicare). In the absence of an international consensus on a common definition of terrorism, some progress has been made at the regional level. The main instrument of the Council of Europe in the field of combating terrorism is the Council of Europe Convention on the Prevention of Terrorism. While international conventions focus on defining a common concept of terrorism or on listing terrorist offences, this Convention focuses on the ancillary acts that facilitate or facilitate the commission of terrorist acts.