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Party issued an official decision not to prosecute or
have decided to discontinue the criminal proceedings
against the same person. It would be appropriate
in the framework of the international community
to show the grounds on which the perpetrators of
terrorist crimes can not be extradited. If at the level
of the UN it would be agreed that such bases should
exist, then these grounds must be formulated clearly
and precisely. This does not exclude that some bases
may be unconditional, and some optional, at the
discretion of the State. And it would be reasonable
to draw a line between unconditional and optional
bases.
Torture and other cruel, inhuman or degrading
treatment or punishment, in our opinion, could be
interpreted as a possible obligation not to extradite
if the person to be extradited may be subjected
to torture or other cruel, inhuman treatment or
punishment, as provided for in relevant international
instruments. This can be called the first reason for
non-extradition of the person. The second ground of
non-extradition is the absence of guarantees of fair
trial in the requesting country, if it turns out that the
person named in the extradition request, will not be
provided with the minimum safeguards stipulated in
Article 14 of the International Covenant on Civil and
Political Rights in relation to criminal proceedings.
A new international convention would also
provide so-called optional grounds for non-
extradition of a person for whom an extradition
request is under consideration. This means that
the issue of extradition depends on the will of the
requested State. One of these grounds for non-
extradition may be the conduct in the requested State
of criminal proceedings against a person in respect
of whom it has received a request for extradition.
Other optional grounds for non-extradition may be
the presence in the state of rules on the statute of
limitations, which means that the prosecution or
punishment of a criminal offense against the person
sought is limited to a specific timetable, which is
enshrined in the law of the requested State party.
Certainly, if a State party, for whatever reason
does not give the requesting State the person who
committed a terrorist crime, it must immediately
begin the prosecution of the person on the basis of
its criminal law and criminal procedure law and
bring the question of his or her responsibility to
its logical conclusion. These circumstances should
be the subject of a separate article conceptually
analyzed in the Convention.
It seems that non-extradition of perpetrators of
terrorist crimes on the given grounds must be an
exception to the general rule. And the essence of
the rule, in our opinion, should be in the fact that
a terrorist must be subject to criminal prosecution,
and judicial proceedings in those states, in the
territory of which he/she has committed a terrorist
crime. In the criminal law of many countries there
is the principle, according to which a criminal
case, the indictment of the person, who committed
a crime, consideration of the case before the court,
take place in the location where this crime was
committed. Therefore, it is proposed to apply this
principle internationally, and this principle should
be established in the Convention. This means that
the extradition for commission of terrorist acts at the
request of the state, which suffered a terrorist act,
shall apply to all persons, including the requested
state’s own citizens. Counter-terrorism practices
have shown that this approach in the fight against
terrorism is the most effective. For this purpose
we refer to the Resolution № 606 1992 of the UN
Security Council, which obliged Libya to extradite
its own citizens accused of committing an act
of international terrorism, which affected such
countries as the UK, the USA and France. In this
regard, the U.S. position seems to be logical, which
in its federal Law on diplomatic protection of 1976
established that «if the victim is an internationally
protected person, and the suspect is in the U.S., he/
she is subject to jurisdiction of the United States»
regardless «of the nationality of the victim or
offender «(paragraph 878-d).
If someone argues that the principle of non-
extradition of the state’s own citizens must be
applied in all circumstances, we propose to describe
the situation in his country as an example: if nuclear
terrorists destroyed the whole city in his country and
managed to escape to their native countries, which,
guided by the principle of non-extradition of their
own citizens refuse to extradite these terrorists and
are not in a hurry to start a criminal case on this
occasion, then we would like to know how a person,
who is adherent to the principle of non-extradition of
one’s own citizens, would react to this situation. In
this situation, the requested state could provide to its
citizens lawyers, translators of high qualifications,
send consuls, who would protect the interests of
these citizens at all stages of criminal proceedings in
the country, where the terrorist act was committed.
If there are still doubts as to the proceedings in the
requesting State, it is possible to raise the question
of considering the case with regard to a person who
committed a terrorist crime under the trial in the
International Criminal Court, which operates under
the Rome Statute. But it is needed to ensure that
the crime of international terrorism be given to the
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jurisdiction of this International Court.
Forms and application of the requesting State,
authentication of the required documents, the
conditions of detention, the applicable law in the
process of extradition, the transfer of the extradited
person, transfer of the necessary items, tools of the
terrorist crimes related to the transfer of persons,
travel arrangements for the extradited person
through a third country (transit), financial expenses
in connection with the extradition, particulars
of regulation of extradition of the accused and
convicted persons in the commission of terrorist
acts could be the subject of separate articles of the
Convention.
Conceptual approaches for a future universal
international convention on legal assistance in the
fight against terrorism could reveal its contents
as follows. Legal assistance to the participating
States, according to the authors, shall apply
to all 16 international universal instruments
against terrorism. A list of the names of all these
international conventions could be one of the
annexes to the Convention, which could be declared
as an integral part of the Convention. A list of the
Conventions could be replenished on the adoption
of new antiterrorist conventions.
Contracting parties to the Convention could make
a commitment to carry out a wide reciprocal mutual
assistance in combating terrorist offenses for which
the punishment in submitting an application for
legal aid was to be the responsibility of the judicial
authorities of the requesting party. The conceptual
view of mutual legal assistance in criminal aspects,
provided pursuant to this Convention, may be
requested for: inspection of facilities and necessary
sites; receiving applications from individuals,
presenting the relevant court documents, detention,
search and seizure of the documents, collection
of evidence, provision of evidence and expert
assessments to provide original documents, certified
copies of certain documents and materials of
official, financial, commercial and other character. In
separate articles of the international legal regulation
for the provision of mutual legal assistance in order
to eliminate terrorism the following issues can be
covered: application forms for assistance, details
of the form of request for mutual legal assistance,
protection of privacy, legalization of the required
documents, establishment of deadlines for requests
for assistance, costs associated with the provision
of assistance, return of process, giving testimony
of witnesses, victims, experts in video format,
confiscation of property, admissibility of instruments
of crime, and the amount of legal assistance provided
by the States parties to each other.
The Convention for the Suppression of the
Seizure of Railway Trains for Terrorist Purposes,
the Convention for the Suppression of Unlawful
Acts Against the Safety of the Railway and Subway
Systems in case of their development and adoption
could ensure the safety of railway vehicles, routes,
train stations, subways and stations. The terrorist
attacks took place in the London underground,
the Minsk metro, railway routes in the Russian
Federation and in other countries. The necessity of
such conventions is evident.
The concept of the Convention for the
Suppression of the Seizure of Railway Trains for
Terrorist Purposes, and the Convention for the
Suppression of Unlawful Acts Against the Safety of
the Railway and Subway Systems can be built as
follows. Parties to the Convention consider that any
person who commits unlawful acts against rail safety
endangers the safety of large numbers of passengers,
the people involved in this type of transport, causing
considerable damage to expensive property in this
sphere, and pose serious obstacles for the normal
domestic and international rail service. It is therefore
necessary to prevent terrorist crimes in the railway
system and take action to apprehend and punish the
perpetrators. Any person, or group of persons that
have entered into the cab of the locomotive, by
means of violence or threat of violence to capture the
entire train, should be recognized as the perpetrators
of the crime. Actions of a person, group of persons
in this area should be recognized as crimes if they
commit violence or threats of violence in the train,
destroying the locomotive, which threatens the
safety of the rolling stock, or place an explosive or
other device that could threaten the safety of the rail
traffic, navigation and damage other equipment, and
the safety of other trains.
These conventions are international and shall
apply when the crime (seizure) aganst vehicle
is in one state, then the same rolling stock after
crossing the border enters the territory of another
state. Each State party in its territory shall take the
necessary measures to prevent the crime, and detain
the perpetrators of the seizure, to interrogate, as to
the purpose and motive of capture, determine the
effects produced by capture (derailment of a train,
the deliberate collision of trains, death or injury)
and counts the damage in this regard. If necessary,
the state may decide to extradite the person or
persons who committed the crime, on joint action to
eliminate the consequences of the crime, on mutual
legal cooperation in the criminal case. States parties
shall establish an inter-state structure in order to
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prevent such terrorist crimes, neutralize terrorists
who carried out the seizure of trains (rolling
stock) and causing the damage and eliminate the
consequences of the offense.
Conceptually, the Convention for the Suppression
of the Seizure of Buses for Terrorist Purposes in
structure and content might look like as follows.
States parties to this Convention consider the capture
of the bus of international traffic threatens the safety of
passengers and property and, therefore, such actions
should be recognized as a crime. This Convention
is necessary for its legal, international legal basis
on which it can prevent these illegal actions, to stop
them and take appropriate action to apprehend and
punish the perpetrators. Individuals who seized
the bus through the use of violence or threat of
violence, established control over the drivers and
passengers of the bus, would be recognized as those
who have committed a crime under the Convention.
This Convention may be applicable if the bus, in
which the offense was committed, was outside of
the State of registration of the bus. Each State party
shall take appropriate steps to arrest the perpetrators
of the unlawful seizure of the bus, if they are in its
territory. States parties should make joint efforts to
combat this crime, to apprehend the perpetrators
of the crime, for the possible extradition to the
requesting State, and to provide mutual assistance to
each other to complete the judicial prosecution and
appropriate sentencing.
A Convention on the Struggle Against Terrorist
Groups, Control over their Activities and their
Crossing of State Borders could become another
international universal convention, making its
contribution to the fight against international
terrorism. It is not possible just to contemplate the
existing terrorist groups and wait for them to make a
domestic and international acts of terrorism, and only
then take some action. To the contrary, States parties
must take a proactive position in regard to terrorist
groups and communities. We must proceed from
the criminal nature of such groups and associations.
Thus, to the text of the Convention can be placed
the possibility of the revealing of various criminal
groups, terrorists and for an official decision to
ban their activities, to criminalize the creation of
terrorist groups and communities, and also directing
and participating in them. In legislation of many
States parties rules on criminal responsibility for
the establishment and operation of such groups are
presented. Thus, Article 257 of the Criminal code
of Kazakhstan considers the creation of a group
to commit crimes, having terrorist aims (terrorist
group), as well as its administration as a crime, and
therefore the penalties are determined in the form
of imprisonment «for a term from eight to fifteen
years, with confiscation of property or without it».
Simply «participation in a terrorist group or terrorist
acts committed by it» is a crime and «punishable by
imprisonment for a term from six to twelve years
with confiscation of property or without it.»
Article 257 of the Criminal code of the Republic
of Kazakhstan considers as an offense the creation
and management of an organized group, participation
in it «for the purpose of committing one or more
offenses» and punishes with imprisonment for a
term to thirteen years with confiscation of property.
This article is also relevant to the fight against
terrorist groups and organized terrorist crimes.
Kazakh legislation directs the thrust of this struggle
against the creation or management of a criminal
organization, as well as against the establishment
of leaders or other members of organized groups
or coordinate criminal activities of organized groups
acting on their own in order to commit one or more
crimes, which finds its expression in Article 257 of
the Criminal code of the Republic of Kazakhstan.
Coordination of criminal acts is negotiation between
organized groups for joint crime, strengthening
of stable relations between the leaders or other
members of organized groups, development of
plans, conditions for crime and the criminal division
of the spheres of influence, or the distribution of
the proceeds of crime. This is very important.
Therefore, it would be desirable to record in the
international conventions against terrorism that the
participating States will do everything possible to
prevent the connection of different terrorist groups
and factions (about 500 in the world as noted above)
in the community and criminal terrorist association.
It would be appropriate to combine this legal
experience with the legislative experience of other
States parties and then with the help of articles of the
Convention the global community will share in the
most effective laws to combat international terrorist
groups, communities and organizations.
The same provision can be stipulated in the
Convention on the penal prohibition of funding,
both domestic and foreign terrorist groups and
organizations. Such provision would be clearly
defined on the basis of the provisions of section
2339В Title 18 USC «Providing material support to
a foreign terrorist organization», which provides the
sanction of life imprisonment.
Propaganda and counter propaganda of
terrorism could form a separate section of the
Convention. Propaganda of terrorism or public
incitement to commit an act of terrorism, as well as
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redissemination of the specified content is a terrorist
crime punishable under Article 256 of the Criminal
code of the Republic of Kazakhstan by imprisonment
for a term not exceeding ten years. Such a rule,
in our view, is relevant in the Convention for the
Suppression of Terrorist Bombings, because people
are instructed in this kind of terrorism, they are
told that this is pleasing to God, they are explained
this act of terrorism is a noble act, and a network
of such propaganda sought to involve the largest
possible number people. But the propaganda waged
by individuals with their modest resources do not
give he desired effect, the operating and establishing
companies and organizations are to be involved in a
large-scale promotion to terrorism. In order to put a
criminal law obstacle here it is proposed to introduce
in national legislation the concept of corporate
criminal liability. Therefore, it would be appropriate
in this and other conventions to formulate a rule,
the obligation of all States parties to impose such
penalties for companies.
As philosophical ideas of terrorism settled in
the minds of some portions of the population it is
necessary to conduct purposeful competent counter-
propaganda work with the help of the media,
especially television, in the form of natural debates,
arguments and discussions in order to dispel evil
ideas and views. It would be advisable to make such
a counter-propaganda an obligation for each State
party in all international anti-terrorism conventions.
In other words, the fight against domestic and
international terrorism must be conducted by
methods of coercion and persuasion simultaneously.
Unfortunately, in international law there are
no conventions, or norms, which would block the
interpersonal communications between international
terrorists, or that would facilitate the creation on
the World Wide Web, of a site which posts full
information about every terrorist, of every terrorist
group who would not be allowed to cross the state
borders to commit a terrorist act in a particular state.
A prerequisite for joining the convention could
be the possession by the citizens of each state of
biometric passports, which can accurately identify a
person crossing the border, which may be the basis
for detention or arrest of international terrorists.
It is no secret that some states not only have
assisted terrorist groups and organizations in their
terrorist and other criminal activities, but also
have sometimes carried out such activities. And
it is a serious problem. Maybe it makes sense to
develop and adopt a separate international universal
convention under the name «For the Suppression of
State Terrorism.» At the beginning of the convention
we could write the following regulatory lines: «States
reject terrorism as a means of resolving disputes,
disagreements, and any other issues of foreign and
international policy.» In the following article we
can give a definition of «state terrorism», it differs
from the terrorism carried out by individuals and
legal entities. In this article, it can specified that a
state terrorism as a kind of international terrorism
refers to activities of the state, its agencies, carried
out secretly through third parties, that are directed
against individuals, often well-known people of
another country for the purpose of intimidation
and destruction. In a separate article it is desirable
to fix the level of criminal liability of the particular
categories of public servants committed in a
particular status (as leaders, organizers, instigators,
executors) acts of state terrorism. States could
take steps to ensure that their territories are not
used for terrorist installations, training camps for
the organization and preparation of terrorist acts,
which could be directed against other countries
and their citizens, to establish a clear system of
information on the plans of terrorist groups and
organized protection of witnesses, informants, to
find and arrest the terrorists in its territory who
have committed terrorist acts in other countries,
according to their request on extradition of the
State or criminal liability under domestic law. To
the text of the convention can be included the rules
on contractual cooperation on counter-terrorism,
acceding to all universal international treaties against
terrorism, bringing its laws into conformity with the
norms of international legal instruments counter-
terrorism efforts. It can provide for international
legal sanctions for countries engaging in different
types of terrorist activities.
The potential of international universal
conventions against the phenomenon of terrorism
has not been exhausted yet, because not all the
nations of the world have become States parties of
all 16 international legal instruments of the highest
level (only 13 states, including the United States
of America and the Republic of Kazakhstan, have
acceded to all conventions).185 states acceded to
the conventions on the safety of civil aviation and
aircraft, to the conventions to ensure the safety of
maritime navigation and the continental shelf -
from 12 to 156 States parties, to the conventions of
nuclear safety - from 43 to 142, to the convention
against financing of terrorism and the conventions
on the various forms of terrorism - from 142 to 173
states. The largest number of States parties joined
the Convention for the Suppression of Unlawful
Acts against the Safety of Civil Aviation as of 23
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September 1971 (188), and the smallest number
of states were in the International Convention for
the Suppression of Acts of Nuclear Terrorism (71)
and Protocol 2005 related to the Protocol for the
Suppression of Unlawful Acts against the Safety of
Fixed Platforms Located on the Continental Shelf
(12). The reasons for the small number of States in
respect of these two international instruments, in our
opinion, are: a) lack of interest in a number of states,
as they are not directly related to the atomic (nuclear)
energy and weapons, and b) later opening date for
signature and joining these conventions (2005): in
this context, there is a hope that an additional group
of states will join the Convention and Protocol in
the future. What is surprising is that the interest in
the protection of nuclear material from terrorists
is revealed by 142, and to protect from nuclear
terrorism itself - only 71 States. It seems that States
need to ponder over the more active combat against
nuclear terrorism since the terrorist may capture
nuclear weapons and use them against 1-2 states
making radioactive large territories of regions and
continents. Not to mention the possibility of nuclear
blackmail and terrorism by certain countries that
possess nuclear weapons or are close to the creation
of such weapons. Therefore, the UN could conduct
an active campaign to ensure adherence by the other
129 countries to the Convention on the fight against
nuclear terrorism.
Even the largest number of states (188), adhered
to the Convention for the Suppression of the Safety of
the Civil Aviation, not to mention a smaller number,
can not satisfy us, as there are 193 UN member
states, and the average number of participation in
the 16 conventions against terrorism is only 124
states. Approximately 25-30 percent or more than
60 states in this campaign are not fully involved in
the full volume.
At least six states did not join any of 16
international legal instruments against terrorism.
One of these countries is the Vatican. There could
be a question of whether to focus on this small
country. In our opinion, we should, first, because
one of the Popes was the object of a terrorist
attack, and secondly, because a considerable
number (13) of the States of Europe, Central and
Latin America, Africa, inhabited predominantly by
Catholic, have not yet joined a number of significant
antiterrorist conventions. Adherence by the Vatican
to the conventions would encourage these states to
consider joining the Convention.
As in the field of international terrorism there are
many Islamist terrorist groups and individuals, which
committed a number of certain acts of terrorism, it
makes sense to look at the position of the Muslim
states on joining or not joining the universal anti-
terrorism conventions. In the world there are 46 states
with population of Muslim majority (50 percent and
higher), of which three states are participating in all
13 of the Conventions (not counting the Protocols)
to combat terrorism, 25 states have joined from 10
to 12 conventions, 17 countries joined from 4 to 9
conventions, and one state (Somalia) has not signed
any convention against terrorism. The UN could
draw the attention of the States which have signed
a small number of conventions, or did not sign
them at all; it could draw attention to the practical
implementation of the norms of the conventions,
because it is in the power of these states to curb
illegal activities of the terrorist groups that may be
present in their territory under their jurisdiction.
We believe the more such conventions to be signed
and ratified by these countries, the less chances
and conditions for the commission of terrorist acts
by these groups. The international community,
including the Organization of Islamic Cooperation,
in which, with assistance of the current Chairman
of OIC - Republic of Kazakhstan a Standing
Committee on Human Rights has been established,
would have a corresponding impact on a state,
which not only does not sign these conventions, but
does not provide adequate control over its citizens
admitting unlawful acts, for example, against the
safety of maritime navigation.
If organizational initiative is taken, in a few
years, in principle, it is possible to ensure that
all 193 UN member states become parties to all
international universal conventions on the fight
against international terrorism.
But on Earth there are 13 states with undefined
status (Republic of Abkhazia, Jammu and Kashmir,
Republic of China, Republic of Kosovo, Republic
of South Ossetia, the State of Palestine, the Sahara
Arab Democratic Republic, the Turkish Republic of
Northern Cyprus, Republic of Nagorno Karabakh,
Pridnestrovie, Somaliland), which are recognized in
part, but not members of the UN, and are not party
to all international counter-terrorism conventions
and protocols. And here the following questions
arise: Do these states and territories have the right
to sign the 16 conventions and protocols concerning
terrorism? Would they become a shelter for terrorist
groups and communities or not? Will they be able to
withstand terrorist groups?
Without affecting the issues of recognition and
membership in the United Nations of such States, the
status of the territories, the answers to these questions
can be given as follows. No one can guarantee
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that the lands and territories of these international
actors could not be used by terrorist groups and
associations to create bases, training centers,
institutions, treatment and rest, accumulation of
weapons, explosives, illegal production of weapons
and «dirty» nuclear explosive devices and all that
is called the presence of good-quality conditions
for organizing and carrying out terrorist activities.
Therefore, Member States could provide for the
UN the authority to ensure that this international
organization has entered into negotiations with the
13 partially recognized states on their accession
to 16 counterterrorism conventions and protocols.
For this we first need to remove some of the legal
obstacles. In particular, the phrase «- a member
of the United Nations or any of its specialized
agencies» from the text of Article 22 of the Tokyo
Convention of 1963, which linked the accession to
this Convention, to the fact of official membership
in the United Nations and (or) in some specialized
UN agencies, should be excluded. Member States
and the United Nations would assist such States
with organizational, financial assistance for their
successful counter terrorism. With respect to those
territories of which status is either not defined or
controversial, it makes sense to connect the case
to the UN Trusteeship Council (or other authority)
that could negotiate with the States signatories to
the Convention, which would take care of these
territories only with respect to the Convention to
ensure combating terrorism.
In principle, participation of all states and
territories of the Earth in all universal conventions
and protocols relating to terrorism would be most
appropriate. In other words, there should be no place
in the world, which is not subject to the action of
all 16 international anti-terrorist treaties. Such an
approach could be another powerful warranty to
prevent terrorist crime and for the successful struggle
of the international community against terrorism.
At the UN level, as we have noted, there are 16
international instruments of universal character on
the fight against international terrorism. Here we
should underline that 8-10 regional conventions
and agreements are in force within the continents
and regions (Convention of the Organization of
American States to Prevent and Punish Acts of
Terrorism Taking the Form of crimes against persons
and Related Extortion that are of International
Significance, of February 2, 1971, the Convention
of Francophone African Countries on Mutual Legal
Assistance and Extradition in order to Combat
Terrorism of May 16, 2008, Agreement on the
Cooperation of Commonwealth of Independent
States in Combating Terrorism of June 4, 1999,
European Convention on the Suppression of
Terrorism of January 27, 1977, for example). Some
states on the basis of universal and regional treaties
and agreements on combating terrorism have
already signed a few hundred bilateral agreements
and conventions aimed at combating potential
international terrorists. But this is not enough.
More than 200 nations of the Earth would cover the
entire globe with an extensive network of bilateral
treaties and agreements, the number of which may
be equal to approximately 40 thousand negotiated
instruments on cooperation to combat and eliminate
terrorism. Unfortunately, for example, between our
two countries (U.S. and Kazakhstan) a bilateral
document is not signed yet. A model text of bilateral
cooperation agreements can be developed: it would
make it possible to take into account all the most
important and fundamental issues of cooperation.
However, it is undesirable to use only the typical
forms of the text: there might be features that two
contracting parties shall additionally consider. If
all states would show a contractual activity in this
matter, the activity in the successive application
of the treaties and agreements, all domestic and
international terrorists would not dare think to carry
out their terrorist plans.
Taking into account that nuclear terrorism is the
most dangerous to the public view of terrorism, we
will focus on blocking it in detail. With the help of
the United Nations, its specialized agencies, and the
specialized international organizations it is necessary
to create a broad and well-functioning international
system to combat illicit proliferation of nuclear
and radioactive materials. An international system
would consist of the following: 1) the international
system of control over the prevention of radioactive
contamination of the environment, and 2) the
international system of non-proliferation of nuclear
materials, and 3) international legal mechanism
to block the smuggling of nuclear and radioactive
materials. In order to prevent a nuclear terrorist acts,
it is necessary to hold regular preventive action, to
take preventive measures: to provide adequate, fully
thought-out physical protection of nuclear materials
and nuclear facilities, to carefully think through all
possible options for the removal of nuclear material
from the warehouse and facility and to prevent
the theft of nuclear materials and promptly inform
management of all cases of loss of any volume
of these materials, in the event of the removal to
inform of the facts and in case of the theft of nuclear
material immediately to inform the law enforcement
agencies, in turn, law enforcement agencies are
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required to conduct a thorough investigation, to
accuse the guilty persons, to bring the case to court
and procure an appropriate sentence; when there are
attempts to export nuclear material smuggling, the
customs authorities must stop this and bring the case
to trial and conviction.
It is no secret that the main source of international
terrorism is the organizations of extremist Islamist
direction. It would be wise to study and get to the
heart of the Islamist trends, to build bridges of
understanding between the Western and Islamic
countries on human rights, on the problems of
terrorism, to try to conclude bilateral agreements
and detailed agreements on the fight against
terrorism. We think this approach could be the most
productive. Standards can be formulated in regional
and bilateral treaties and conventions, in particular,
on the need for training security forces in all units on
anticipation of terrorist threats and neutralizing the
perpetrators of acts of terrorism in each country about
working out appropriate measures to protect civilians
from terrorist acts, to provide adequate protection
of strategic facilities at schools, oil pipelines, gas
pipelines, water supply and heat supply and other
facilities, on more rigorous monitoring of sites that
promote terrorism and extremism and closing them.
It would be useful to create within the
international arena under the auspices of the UN,
as well as continental and regional organizations,
specialized courts for combating terrorism.
Objectives on countering terrorism are
implemented at a high level in all these conventions.
However, it would be better to implement a full-
scale countering to terrorism. This can be achieved
by improving the conventional norms. Of course,
we do not claim absolute truth, a critical analysis of
the texts of international universal conventions on
combating various manifestations of international
terrorism: we invite all interested parties, developers
of texts of these conventions, legal scholars,
scientists in nuclear physics, practitioners of the
nuclear industry to discuss and will be happy if
we were convinced that we erroneously proposed
adoption of certain phrases, norms, individual texts,
or standing conventions on combating various
manifestations of international terrorism. In other
words, we invite everyone to a broad discussion
on the issues of international legal tools to combat
terrorism.
Literature used
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Аргументы и факты – Казахстан. – Москва (Российская Федерация) и Алматы (Республика
Казахстан). – 2015. – № 6 (1787/1132). – 4-10 февраля. – Стр. 6.
2. Terrorism without Borders… - In: Journal of Terrorism Research. - Volume 5, Issue 1. – 2014. – Pp.
26-33.
3. Human rights, terrorism and the fight against terrorism. - Geneva (Switzerland): Office of the UN
High Commissioner for Human Rights. 2008. – 104 pages.
4. United Nation Action to counter Terrorism. International Legal Instruments . 2015. – Source: http://
www.un.org/en/terrorism/instruments.shtml.
5. International Perspectives on Terrorist Victimisation. An Interdisciplinary Approach. - Basingstoke:
Palgrave Macmillan, 2015. – Pp. 25-224.
Бұл мақалада халықаралық терроризммен күрес халықаралық конвенциясымен жүйеленген
мәтінді жетілдіруге арналған ұсыныстар көрсетілген. Авторлардан теміржол және автобустық
көліктердегі терроризммен күрес негізінде жаңа халықаралық конвенциялар ұсынылған.
Терроризммен күрестегі халықаралық конвенциялардың БҰҰ және еуропалық ұйымдардың рөлі
аясында тәжірибелік қолданылуының жетілдіруі көрсетілген. Авторлар Гарвард университетінің
профессор – құқықтанушысы Дж. Ньюманға осы ғылыми мақаладағы ағылшын мәтінін өңдегені
үшін алғысын білдіреді.
Түйін сөздер: конвенция, терроризм, терроршылдық акциялар, террор, заң, кодекс, экстрадиция,
адам құқықтары, қылмыс.
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Международное право и сравнительное правоведение
№4 (40) 2015 ж. Қазақстан Республикасы Заңнама институтының жаршысы
70
В данной статье сформулированы предложения по совершенствованию функционирующих
текстов международных конвенций по борьбе с международным терроризмом. Авторами
предложены новые международные конвенции по борьбе с терроризмом на железнодорожном и
автобусном транспорте. Показана роль ООН и европейских организаций в деле совершенствования
практического применения международных конвенций по борьбе с терроризмом. Авторы
выражают благодарность профессору-правоведу Гарвардского университета Дж. Ньюману за
научное редактирование англоязычного текста данной статьи.
Ключевые слова: конвенции, терроризм, террористические акции, террор, закон, кодекс,
экстрадиция, права человека, преступление.
This paper makes proposals to improve the functioning of texts of international conventions on the fight
against international terrorism. The authors proposed new international conventions against terrorism
in rail and bus transport. The role of the UN and European organizations in improving the practical
application of international conventions on combating terrorism is analyzed. The authors thank Professor,
Harvard legal scholar J. Newman for scientific editing of the English text of this article.
Keywords: conventions, terrorism, terrorist actions, terror, laws, code, extradition, human rights, crime.
Марат Алдоңғарұлы Сәрсембаев,
ҚР Заңнама институты халықаралық заңнама және салыстырмалы құқықтану бөлімінің бас
ғылыми қызметкері, з.ғ.д., профессор
Қанат Маратұлы Сәрсембаев,
з.ғ.к.
Данияр Маратұлы Сәрсембаев,
халықаралық құқық магистрі («Болашақ», Астана). Редакция - Джералд Ньюман, Гарвард
университетінің (АҚШ) халықаралық құқық профессоры
Халықаралық құқықтық құжаттардағы терроризм тақырыбы: оларды жетілдіру бойынша
ұсыныстар
Сарсембаев Марат Алдангорович,
главный научный сотрудник отдела международного законодательства и сравнительного
правоведения Института законодательства РК, д.ю.н., профессор
Сарсембаев Канат Маратович,
к.ю.н.
Сарсембаев Данияр Маратович,
магистр международного права (Консалтинговая группа «Болашақ», Астана). Редакция - Джералд
Ньюман, профессор международного права Гарвардского университета (США)
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