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Sea Bourne Terrorism: Has The Tide Turned Or Is It Beginning?

Ms Mridusmita Borah
 


“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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