Destruction of terrorists – as an independent method of struggle against terrorism
Journal Title: Юридические науки и образование - Year 2018, Vol 55, Issue 55
Abstract
Today terrorism in the world is one of the most serious threats in society. The degree of cruelty and degradation of this phenomenon is so great that it stimulates the devotion of every country facing the problem of terrorism. At the same time, practical efforts in this direction often lead to difficult dilemmas: how can one integrate national security with the commitment to respect human rights and freedoms? [1, p. 2]. International and national human rights organizations have repeatedly emphasized the cruelty of the methods used by many countries in the fight against terrorism. The so-called “destruction of terrorists” is a topic that has so far been so hot that it is difficult to imagine a targeted physical destruction of persons committed terrorist acts (often outside the state of the victim's state) are. “Destruction of terrorists” is designed to reduce the impact of the activities of all organizations and to overcome the resistance of terrorist organizations. In addition, they have played a role as an intimidating factor affecting the minds of potential terrorists. This method is actively used by the United States and Israel, and Russia has resorted to this method during the confrontation in Chechnya. Until now, the consensus of the “destruction of terrorists” in the minds of a civil society has shaped two completely polar positions. The axiomatic character of the problem is moral choice between the protected and selfless benefits of an unethical character, such as ethics and the legal principle of life, social security, the authority of the state, that it is indispensable to solve it. At the same time, we begin to analyze the second function when preventing the “destruction of terrorists” function, which seems to be the strongest theoretical design, or when it loses its stability. In this regard, the features of “non-judicial proceedings” are derived from the act of revenge. On December 19, 2006, the application of non-judicial proceedings to the United Nations General Assembly plenary session was considered to be a violation of the right to live decisively [2, p.6]. The United Nations Global Operational-Terrorism Strategy, adopted as a resolution on 8 September 2006, calls for the areas of law, especially human rights law, refugee rights, and international humanitarian law in combating terrorism, to fulfill their responsibilities. It should be noted that supporters of "isolated extermination" often try to combine terrorism with war. International law has two notions as "international armed conflict" and "international non-armed confrontation." In the context of each one, the legal basis of the state's activities have specific peculiarities. In the case of a conflict in the typology we mentioned, actions for the destruction of terrorists can be morally justifiable because they are also directed against those who are enemies of the state using prohibited methods of war [3, p. 8].
Authors and Affiliations
Bahtiyar Aliyev, Khayala Kalashova
Keywords
Related Articles
- EP ID EP318597
- DOI 10.25108/2304-1730-1749.iolr.2018.55.6-20
- Views 86
- Downloads 0
Normative legal aspects of international terrorism and the fight against it
Terrorism is one of the most serious threats to social security and public order. Terrorism is a large scale committed against social security and public order, and also as a result of the massive killing of people, the...
Written testimonies as the sources of evidences in pre-trial production (comparative view)
There are a lot of worthy institutions and norms are included in the criminal procedure legislation of the states so named near abroad (the CIS countries). They are the norms of evidential law establishing the testimonie...
Judicial errors in applying the rules of improper litigating substitution
It is analyzed the problematic issues related to the application of the procedural law concerning the improper litigant substitution in the civil proceedings. The authors consider some aspects related to the interpretati...
Where is criminal legislation “taken” as a certain basis of the criminological studies from?
The first time in juridical science we have tried discovering these social processes of developed (monopolized) capitalism, which are caused such social phenomenon as right, crime and punishment.
Legal regulation of conflict of interest: international and foreign experience
It is investigated the international legal norms and recommendations of international organizations, related to the prevention and settlement of conflicts of interest and the study of the positive experience of the Repub...