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“The revolutionary (terrorist) despises all dogmas and all sciences,
leaving them for the future generations. He knows only one science-the
science of destruction…the object is perpetually the same: the
quickest and surest way of destroying this whole filthy order… For
him, there exists only one pleasure, one consolation, one reward, one
satisfaction, the success of the terror. Night and day he must have
but one thought, one aim, merciless destruction…”
Sergei Nechayev, quoted the above in the work, “Catechism of the
Revolution” (1869), reprinted in Daughter of a Revolutionary. Ed.
Michael Confino (London, 1974), (pp. 221-230).
The study of terrorism has now arrived internationally, as evidenced
by the birth of a new international multidisciplinary area of
research. Historians, social scientists, lawyers, criminologists,
administrators, and political leaders are showing an increasing
awareness of the need for more informed scholarly analysis of the
growing international incidence of terrorism perpetrated by extremists
groups of almost every ideological hue and in every continent. The
characteristics of the current “trend of terrorism” are principally
the use of intermittent and relentless non-governmental political and
ideological violence, as part of a parochial or transnational
revolutionary strategy.
Today, it is extreme difficult a problem to protecting people and
property. The security of the state depends on the goodwill of the
people within its borders. They deal with creating new dangers. Today,
the advancement of science and technology are slowly turning the
entire modern society into potential victim of terrorism. Here is no
immunity for the noncombatant segment of the world population or for
those nations and peoples who have no direct connection to particular
conflicts or to specific grievances that motivate acts of violence.
The discussions on ‘Terrorism’, has come to dominate the security
arrangements of many states. It behaves as a trans-national non-state
threat and has been challenging the security institutions of many
countries in various arrays. The crusade against terrorism has found
its manifestation in the September 11, 2001 attacks in the United
States of America (USA), and its worldwide ramification is increasing
due to the increasing connectivity and interdependence among nations.
The discussion here deals with maritime terrorism. What is the long
term appraisal of maritime terrorism? The first event, that generated
a phenomenal change in the law of the sea was on 28 September, 1945
when the President of the United States of America (USA), Harry S.
Truman, issued a proclamation on the continental shelf, claiming
jurisdiction and control over the resources of the seabed and sub-soil
of the continental shelf beneath the high seas, adjoining the coast of
the USA. Thereby, the state began to make unilateral declarations,
claiming huge areas of the ocean to be under their jurisdiction and
control.
It was only at the end of the twentieth century, that the
International community had engaged itself in a concerted effort to
devise a new Constitution for the oceans. Finally, it was succeeded in
adopting a new law on 30 November, 1994 at the Third United Nations
Conference on the Law of the Seas (UNCLOS III), which formally came
into force on 16 November, 1994. This is considered to be the second
turning point in the marine history. The conception of ‘freedom of the
seas’ was conceived through these maritime laws. The downbeat of such
provisions is that, the technologically advanced countries received
unlimited freedom to exploit the resources of the oceans without
considering the interests of other countries. The most recent and the
third turning point which decided the future direction of the maritime
international law was 11 September, 2001.
Since post 9/11, the maritime scenario has brought a remarkably
deteriorating environment. In the present context, the rates of
state-less terrorism and shipment of Weapons of Mass Destruction (WMD’s),
smuggling of drugs and also migrants, piracy and armed robbery are
increasing.
However, there are certain measures that have been adopted, like, the
International Maritime Organization (IMO), has responded by amending
the International Convention for the ‘Safety of Life at Sea’ and
adopting, inter alia, the international ship and port facility
‘severing code, 2002’. The legal committee of the IMO has undertaken
to expand the coverage of the International Convention for the
Suppression of Unlawful Acts against the Safety of Maritime
Navigation, 1988 (also called the Rome Convent) and its 1990 Protocol.
Similar amendments are envisaged to the convention dealing with
smuggling of drugs and illegal migrants at sea.
The International Maritime Bureau (IMB), whose responsibilities lie in
fighting crimes related to maritime trade and transportation,
including piracy and commercial fraud, and to protect the crews of
ocean-going vessels. It was founded in 1981, is endorsed by the United
Nations's International Maritime Organisation, and has observer status
with Interpol. IMB has attributed the rise in sea-crime to the greater
involvement in piracy of organized crime networks. Even the United
Nations (UN) General Assembly has listed these as global threats and
challenges to the marine security environment of the current Century.
However, based on the principles of international law, respect for the
sovereign equality of states, and the freedom of navigation, these
threats could be reduced.
One major fact to be noted in the present scenario is that, in this
age, maritime security is linked to a post-modern ocean where
identities have been mixed and blurred and the rules of nationality
have been subverted. The terrorists are more organized into
multi-ethnic gangs that communicate by satellite and cell phones.
Thus, it is more of an advancement of state-less terrorism at sea.
However, terrorism is multifaceted and there are tremendous perfidious
tactical and ideological asymmetries in which terror tactics are
implemented. The Liberation of Tamil Tigers Elam (LTTE) has very
active network in this respect and has carried out many localized
sea-borne attacks in the past. It is believed that maritime terror has
the capability to strike with greater intensity in the future.
Maritime security, with reference to maritime terrorism, piracy and
Norco-trade, and their interactive geometry have become issues of
serious concern to the strategic maritime community.
Every country has been target of cross border terrorism, and has
looked towards the security forces for providing the stability in
their respective troubled regions. In this regard, the security forces
of each country are trying to refine their operating philosophy and
concepts to suit the present day challenges. Sea trade is also growing
among the countries. So nations cannot afford to be complacent on the
alarming threat of maritime terrorism which can disrupt the country’s
economic thrust.
It is appropriate to include what Raymond Aron in his work, “Peace and
war” (1966), says that, “an action of violence is labeled “terrorist”
when it’s psychological effects are out of proportion to its purely
physical result…the lack of discrimination helps to spread fear, for
if no one in particular is a target, no one can be safe”. Thus, the
‘global valley’ has to adopt itself to the changed scenario in the
‘shrinking global world order’ and together build the most robust and
resilient defence possible.
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