- Target:
- Globally
- Region:
- India
The Hon’ble President of India
The Hon’ble Prime Minister of India
The Hon’ble Chief Justice of India
Your Excellencies,
SUB: TERRORISM – LEGAL ACTION
Terrorism had been on the agenda of United Nations for decades. On 8th September, 2006, the United Nations adopted a global strategy to counter terrorism. Mr Kofi Annan, Secretary General of the United Nations, in his address to the Assembly stated that “implementing a global strategy requires us to dissuade people from resorting to terrorism or supporting it by driving a wedge between terrorists and their potential constituencies”. Further, he said “denying terrorists the means to carry out an attack means, denying them access both to conventional weapons and to weapons of mass destruction”. More importantly, he stated “our work in deterring States from supporting the terrorism must be routed firmly in the international Rule of Law - creating a solid legal basis for common actions and holding States accountable for their performance in meeting their obligations. This work is intimately linked with the need to develop State capacity to defeat terrorism”.
Thus the Security Council has set up a Counter Terrorism Committee. On one of the briefings of this committee, Ms. Meirav Eilon Shahar of Israel stated that “States needed to remain vigilant not only in meeting their obligations to prevent terrorism but also in providing support to those states that lacked the capacity. Further she stated “it was incumbent on all States to adhere to their obligations under International Law including those relevant to resolutions adopted by the Security Council, in particular, Resolution 1373. Some States not only neglected their responsibilities to enforce their borders and prevent the movement of terrorists but, worse, hosted and sponsored terrorism. The granting of safe haven to terrorists was a threat to international peace and security. The international community needed to press for an end to State sponsorship of terrorism and those states that lacked the capacity to implement their international obligations should be assisted through appropriate channels”
It is not the responsibility of countries like India to spend huge amounts on patrolling their territory, by diverting funds meant for development, because a country where terrorists are originating is not doing enough to control/liquidate them. Many of these concepts have been well documented in the report of Secretary General “Uniting against Terrorism”
The International Court of Justice based in Hague, Netherlands is empowered to hear cases brought before it by States, whereas individuals, non Government Organizations, Corporations or any other Private Entity cannot move this Court. States may take up the case of one of its nationals and invoke against another State the wrongs, which its national claims to have suffered at the hands of the latter. The dispute then becomes one between States. The International Court of Justice has no jurisdiction to try individuals of war crimes or crimes against the humanity for which the International Criminal Court has the jurisdiction.
In the light of the above, it is high time that, in national interest, India, on behalf of all those who have lost their lives on account of international terrorists/countries, at least in the last three years, urgently moves these International Courts to claim damages from foreign nationals and countries who are allowing terrorists, to be trained and operate from their soil. Rather than just stating that some country is sponsoring terrorism and we have evidence, we should engage competent legal luminaries to present evidence before the International Courts and get countries / individuals to punish/pay for the crimes being committed by them.
For countries wanting to escape penalties and those who claim helplessness, the United Nations should be allowed free access to such countries to enter and strike at the root of the problem. No country should allow its territory to be used in violation of its constitution and the world community must act decisively against a country which either has a constitution which caters for criminals/ terrorists or has no constitution (like Somalia for pirates) or which is weak in enforcing its constitution thereby allowing its soil to be used for committing crimes against humanity. “The problem has to be tackled at the source itself - just like the mosquitoes are best handled where they breed”.
It is only in Courts that evidence, albeit circumstantial, can be properly weighed and acted upon. We request Your Excellencies to immediately exercise this option even while considering other options.
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The Stop Terrorism – Start Legal Action in International Courts petition to Globally was written by H R Vaish and is in the category Miscellaneous at GoPetition.