CYIL vol. 13 (2022)

Veronika D’Evereux CYIL 13 ȍ2022Ȏ requirement is expressed in the principles of law of international treaties, according to which no obligations or rights arise to a state or organization unless the state or that organization gives its consent. 37 The Geneva Conventions of 1949 and their Additional Protocols of 1977 in relation to the organized terrorism does not use the term terrorism, but only the term “ measures of intimidation or of terrorism ” (in relation to international conflicts) 38 or “ acts of terrorism ” (in relation to national conflicts). 39 This use of terms is thus referring to the need to distinguish between terrorism which is covered by special conventions 40 and between the legal rules stipulating terrorism in its more usual sense, i.e., terrorism which is of an individual nature, and which is stipulated by national legislation. Article 13(2) of Additional Protocol II, in the context of a national armed conflict, prohibits acts of violence and threats of violence whose main purpose is to terrorize the civilian population, a similar provision is provided for in Article 51(2) of Additional Protocol I in relation to international conflict. In case such conduct caused death or injury to civilians (in international conflicts) or persons who are not or no longer involved in fighting (in national conflicts), there might be found a violation of Article 85 of Additional Protocol I, and to prosecute such acts as a serious violation of international humanitarian law and a war crime. On the contrary, identical treatment of combatants is not considered to be a terrorist act. 41 According to the doctrine, an attack by a non-governmental terrorist organization might possibly be considered an international armed attack, if the two conditions are cumulatively met. First, the existence of a sufficiently strong factual link between the terrorist organization and a particular state (thus it is possible to consider the terrorist organisation as a de facto body of the state). Second, a terrorist attack would have to be of such a nature and scale that it would factually be equal in terms of its amount to an attack by the armed forces. 42 Terrorism and terrorist attacks are very common in Israel, but, as mentioned above, a distinction must be made between (organized) terrorism, which may be subject to the standards of international humanitarian law, and terrorist attacks under national law. Cases of Al Qaeda, the Islamic State, and Boko-Haram have been widely considered to be international terrorism. The most significant cases of terrorism are Islamic terrorism, which is often motivated by the interest to expel the foreigners (Americans and their allies, Jews) from Arab soil (Saudi Arabia, Iraq, Israel). The conduct of Islamic terrorism is often a certain form of an extreme strategy of national liberation movement to eliminate the military presence of 37 To the views of the doctrine on the possibilities of a practical solution to the issue of liability in the absence of formal consent, MRÁZEK, op. cit. sub. 24, pp. 83–93. 38 Art. 33 Fourth Geneva Convention, ibidem. 39 Art. 4(2) Additional Protocol II to Geneva Conventions, ibidem. 40 E.g., the International Convention against the Taking of Hostages of 1979, the Convention on the Safety of United Nations and Associated Personnel of 1994, the International Convention for the Suppression of Terrorist Bombings, 1977, the International Convention for the Suppression of the Financing of Terrorism of 1999. HÁJÍČKOVÁ, K. Ilegální obchod se zlatem jako zdroj financování terorismu a konfliktů. [Illegal trade in gold as a source of financing terrorism and conflicts.] In: ŠTURMA, P. (ed.) Odpověď mezinárodního práva na mezinárodní zločiny. Studie z mezinárodního práva. [ International Law’s Response to International Crimes. Studies in international law.] Prague: Charles University in Prague, Faculty of Law, 2014, p. 198. SCHELLE, K., VOJÁČEK, L. United Nations and the efforts of the repression of the international terrorism In: ONDŘEJ, ŠTURMA, op. cit. sub. 35, pp. 181–187. 41 RICHTEROVÁ, op. cit. sub. 36, pp. 70–71. 42 FUCHS, J. Terorismus nebo válka? [Terrorism or war?] In: ONDŘEJ, ŠTURMA, op. cit. sub. 35, pp. 273–275.

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