ORD: Counteraction to terrorism. Foreign experience. World experience in the fight against international terrorism Fundamentals of the fight against terrorism
Philip ZONOV
The article deals with the conceptual, ideological and political aspects of the concept of international terrorism. The paper presents an analysis of various forms of countering terrorism - from preventive approaches to forceful actions.
Conceptual, ideological and political characteristics of the conception of international terrorism are considered in the article. The analysis of various forms of counterterrorist activity, from the preventive approaches to force actions, is submitted.
In the 21st century international terrorism has become a new global reality, a challenge and a threat to the security of the world community. Therefore, it is not accidental that the fact that since the beginning of the 90s. in the activities, decisions and documents of the United Nations, the topic of combating international terrorism occupies an increasingly prominent place. After the September 11, 2001 terrorist attack on the United States, institutional and managerial formalization of this direction took place within the framework of the UN. Since that time, a conceptual Global Counter-Terrorism Strategy has been adopted to prevent and combat terrorism in all its forms and manifestations and compliance by UN member states with obligations under international law, including, in particular, norms in the field of human rights, refugee rights and international humanitarian law. The resolution of the UN General Assembly at the 64th session (2010) urged all states to make their efforts to conclude a comprehensive convention on international terrorism1.
The question of the roots and evolution of international terrorism is of fundamental importance, and the answer to it is far from unambiguous. The text of the UN Global Counter-Terrorism Strategy (60/288) rightly notes that “terrorism cannot and should not be associated with any religion, nationality, civilization or ethnic group”2.
When examining the conditions that contribute to the spread of international terrorism in various regions, one should pay attention to such conflict factors as economic instability, instability of political power, marginalization and miserable existence of a significant part of the population, skyrocketing unemployment, violation of human rights and freedoms, confessional and / or ethnic differences, disrespect for religious values, etc. A clear idea of the validity of this thesis can be obtained from the example of mass demonstrations in Tunisia, Morocco, Egypt, Syria in the first half of 2011, which caused a kind of chain reaction of political and social protests in Bahrain, Libya, Iraq, Turkey, Jordan, Yemen.
The situation of political discreteness, mosaic and instability currently exists all over the world, incl. and in Russia, especially in the North Caucasus. Well-known political scientist K.S. Hajiyev notes: “Here, many real and potential ethno-national, territorial and confessional contradictions and conflicts manifest themselves in the most intricate form, which is fraught with far-reaching unpredictable negative consequences for all countries and peoples of the region. Very sharp and intractable socio-economic, national-territorial, confessional, geopolitical and other problems are woven into a complex knot. An additional contribution to the destabilization of the situation in the region is made by the activation of political Islam, as well as radical movements, including those professing terrorism.
The fact is that Russia in the early 90s. turned out to be unprepared for the problems of legal qualification of violent measures to resolve the conflict, for the problems of organizational and functional complexities of the fight against terrorism. The deliberate provocations of the opposing side were no exception, supported not only by foreign mercenaries and consultants, but also by the supply of weapons, financial and other means.
At the turn of the XXI century. this new dilemma of modernity is beginning to materialize in the need to mobilize resources for international cooperation, further improve the global strategy to combat international terrorism, develop and use new forms and means of protecting the rights and freedoms of man and citizen, strengthening the democratic foundations of society.
Based on the analysis of such high-profile terrorist attacks as the attack on the skyscrapers of the World Trade Center in the USA in September 2001, explosions in Spain in March 2004 and Great Britain in 2005, as well as numerous acts in Russia, we can distinguish the following components of modern international terrorism:
political orientation;
Threat to the security of the world order;
An ideology that has, firstly, a connection with extremism and separatism, and secondly, a causal relationship with radical Islamism;
Cynical attitude to the generally accepted norms of morality and law;
The use of specific methods for committing terrorist attacks - air attacks, explosions in the subway, transport, etc.;
Huge mass loss of life;
Morally - psychological destructiveness of terrorist attacks, causing shock to the entire civilized humanity;
Damage to the economy, destruction of material values;
The generation of chaos and fear (socio-economic, psychological, etc.), leading to public discontent;
The commission of terrorist attacks by individual terrorists, groups, detachments, etc.;
Structured registration of terrorist groups, cells into flexible international networks;
The dispersed location of terrorist bases in several countries;
Coordination and financing of organizations, mainly from abroad.
Often, when analyzing specific terrorist attacks, one has to talk not about the whole set of signs, but about one or another variant - ante of the actions of international terrorist groups. In this context, the distinguishing feature of the participation of international terrorist organizations is the definition of their role, the degree of influence and participation, the object of influence not only in Western countries, but also in a number of Muslim countries.
The actions of terrorists in the context of territorial coverage can be considered in terms of two specific types. The first type - terrorist attacks within one country, the second - outside one country or in several countries. At the same time, the places where terrorists "nesting" for both types (shelters, bases, caches, training centers, resting places) can be areas on the territory of one or several countries, among whose inhabitants gangs are gaining reinforcements.
Over the past quarter century, the spread of terrorism has assumed dimensions and character of a transnational scale. Terrorism has taken shape in an extensive international "web" with a common extremist ideology and transnational financial receipts. This network is represented by both individuals, cells, and groups, formations, movements of terrorists in different countries. It is important to note that, in our opinion, the specifics of their placement have changed. If earlier the bases were concentrated on the territory of one country, now bases of very different purposes, uses, and sizes are dispersed over the territories of many countries.
The policy of countering terrorism by any state has, as a rule, two interrelated and complementary aspects - preventive, i.e. non-forceful measures to prevent terrorist activities, and, if necessary, armed rebuff.
Preventive action is aimed at depriving terrorists of their social base. It is important to achieve that they become outcasts in their ethnic environment. To do this, it is important to create such moral and social conditions that the people who supply recruits for terrorists turn their backs on them and cut off contact with them. In world practice, for preventive purposes, in particular, economic and other sanctions are used against countries that violate human and civil rights. Another option is the so-called "soft" methods, which allow countering terrorism without resorting to weapons or reprisals. These include reforms designed to neutralize the economic and social causes that gave rise to terrorism, or timely operational economic and administrative actions that can effectively resolve emerging social problems, negotiations with terrorists for an acceptable peaceful resolution of the conflict.
Undoubtedly, legal methods of countering terrorism play a key role in modern conditions in a democratic state. Of particular importance is counter-terrorism legislation, which is designed to ensure the protection of society, the interests of the state and introduce a system of criminal prosecution of the actions of terrorists who position themselves not as criminals, but as fighters for freedom and justice.
As for Russia, while recognizing the priority of early preventive measures, nevertheless, it seems that both in the concept and in the legislation it is necessary to clearly enshrine all regulations relating to the concepts of “war” and “combat situation” in order to act within the framework of the law and not provoke a flood of criticism from the often two-pronged human rights organizations of the West. Since the strategy and form of countering terrorism must be based on the identification of all real causes, various confessional, social and other roots, a contradictory ideological and political base, the methods of combating terrorism can be very different, up to the most severe. At the same time, the use of armed forces and special-purpose structures can range from periodic targeted strikes and the elimination of members of terrorist organizations to the systematic massive destruction of bases, deployments, etc. Undoubtedly, one of the main ways to prevent international terrorism in any country is to deprive it of the support of the local population and block sources of funding.
Another important preventive measure is control over the sale and distribution of weapons and explosives. Increasingly, improvised explosive devices are used during terrorist attacks. On the one hand, practically in all countries there has been a tightening of control over all types of weapons and explosives that are freely available for sale. On the other hand, there are sites on the Internet that allow you to freely receive recommendations on the manufacture of various explosive devices.
As the well-known lawyer V.V. Ustinov, the set of measures to counter terrorism should be expanded to include ideological, informational, organizational measures that are designed to form anti-terrorist attitudes among citizens, strengthen a firm opinion in society about the inadmissibility of terrorist methods of struggle and exclude any concessions to terrorists. Thus, measures to counter terrorism can be complex: legal, administrative and operational, and should become a barrier to the creation of terrorist (extremist) groups and organizations, their financial flows, their acquisition of weapons and other means of illegal actions.
It seems that appropriate programs to support those areas of religion that are oriented towards tolerant coexistence of various ethnic groups, respect for dignity and neighborly goodwill can become the best way to combat radical Islam. At the same time, keeping in mind the Afghan scenario of the 1980s, one should not forget about the period when some countries (for example, the United States) supported extremism from outside, thereby solving their geopolitical tasks, incl. at the expense of Russia.
Modern international law provides for both sufficiently effective measures of control, influence, application of norms and standards against states or organizations that do not comply with generally recognized international legal principles, and measures for the protection and struggle of states to eliminate the terrorist threat in order to preserve the foundations of society and the lives of their citizens to ensure their rights and freedoms.
Based on the practice of armed conflicts, international law distinguishes between forms of motivated violence on the part of organizations or movements, such as anti-government demonstrations, putschs, national liberation movements, guerrilla wars, in which international legal norms are observed. In such cases, organizations engaged in armed struggle are classified as political opponents and not as terrorists. But as soon as these principles are violated and armed actions turn into mass attacks against the civilian population or into tactics of intimidation of people, these actions are qualified as terrorism. Their participants are treated as war criminals of an international nature, subject to the articles of the Criminal Code, with whom no political negotiations are conducted.
However, in reality, the use by certain states of double standards when assessing the nature and actions of specific radical and extremist movements, groups, organizations creates more or less serious difficulties on the way to the formation of common positions, forms and mechanisms for combating terrorism and conflict resolution and peacekeeping for such diverse groups of conflicts, such as between the republics of the former Yugoslavia, between Afghanistan and Pakistan, Great Britain and Northern Ireland, Israel and Palestine, the USA and Colombia, the Chechen Republic and the rest of Russia, etc. Building a new system of international relations between states and civil society institutions is becoming an urgent matter in the implementation of the global anti-terrorist policy. In this regard, it seems that it is necessary to adjust the principles of international law with an emphasis on the sovereignty of states and, at the same time, in the direction of improving international legal standards and guarantees of human rights, recognizing the legitimacy of introducing equal sanctions against violators of these rights for all, forming transnational legal norms against, to Take, for example, the global threat of cyberterrorism.
Differentiation of individual facets of conflicts requires a closer dialogue of the so-called great powers, a more streamlined negotiation process on the division and complementarity of actions regarding the settlement of conflicts between regional, international organizations that perform different functions in the field of security - such as the UN, OSCE, EU, NATO, CSTO , the SCO, and others. The combination of conceptual and strategic developments and efforts under the auspices of the UN, close regional cooperation and cross-country interaction of anti-terrorist structures is becoming a priority in the anti-terrorist struggle.
Magazine Power, №12, 2012
Terrorism has long been a global threat, and, therefore, the fight against it automatically acquires a global dimension. Combining the efforts of law enforcement agencies and security services of the states concerned, in turn, involves the exchange of experience in such a struggle, the identification of its most effective forms. A significant help is the use of acceptable strategic decisions, tactics, specific methods developed and tested by foreign colleagues responsible for security by the ATS. The Russian law enforcement agencies can borrow a lot from the law enforcement agencies of those countries for which terrorism has been a scourge for several decades and which have accumulated solid experience in the field of its prevention.
Of greatest interest is the experience of the police and intelligence services of a number of Western European countries. They and other citizens in one form or another and at different times experienced the bloody actions of terrorists and were forced to take extraordinary measures. A characteristic feature of the fight against terrorism in recent years is the active use of special force units, including army units. Almost all states where such a problem is relevant are resorting to this. In Russia, this practice became real after the adoption on July 25, 1998 of the Federal Law "On Combating Terrorism".
All leading states control the main measures to combat terrorism and suppress any attempts to propagate terrorist activities. In recent years, the fight against terrorism has taken on a large scale. In particular, methods have been developed for recognizing terrorists, finding and neutralizing explosive devices, various types of terrorist weapons, and methods for obtaining information about terrorists necessary for the police and security agencies. A search has begun for new, more effective means of combating terrorism. An analysis of terrorist acts committed abroad and the experience of combating terrorism make it possible to single out their most characteristic types. This is a hostage hijacking; hostage-taking in administrative buildings; kidnapping of people (politicians, diplomats, representatives of the propertied classes, party leaders, members of various organizations); murders; bomb explosions in buildings, vehicles; laying of explosive devices in places of greatest concentration of people; blackmail and threats to commit a terrorist act.
The measures taken by the governments of different countries to combat terrorism are also of a diverse nature, dictated by various forms and methods of carrying out terrorist acts.
Thus, countries agree on the extradition of terrorists captured or who have surrendered to them, on the refusal to accept stolen vehicles and, above all, aircraft, create special units to fight terrorists, equipping them with modern equipment, weapons and vehicles. They also use reconnaissance and search methods in their work. There are two types of units for combating terrorism: units directly subordinate to the special services and formed from among the employees of these services, and units of the "commando" type, which are completed from the military personnel of the special forces and come under the operational subordination of the special services for the period of a specific operation. Examples of such special forces are the British SAS, the German GSG, the Italian detachment R, the Austrian "Cobra", the Israeli general intelligence unit 269, etc. The management of the actions of special units is entrusted to state bodies (ministries, specially created committees, headquarters, etc. ).
The legal and organizational support of the state system of combating terrorism is being continuously improved.
So, in the USA a package of laws has been adopted, which form a solid legal basis for the activities of the administration, law enforcement agencies and special services in the fight against terrorism. A national program has been developed to combat terrorist acts, the structure of the bodies involved in this struggle under the auspices of the National Security Council has been determined, and funding for this program has been provided (10 billion dollars were allocated in the early 1990s). In 1974, the Executive Committee was created, which included representatives only from those organizations whose duties in combating terrorism are defined by law, namely: the State Department, the Department of Defense, the Department of Justice, the FBI, Finance and Energy, the CIA, the Federal Aviation Administration, joint chiefs of staff.
In the United States, the Bureau of Alcohol, Tobacco and Firearms (ATF) has been created to uncover criminal explosions.
The ATP structure includes the National Laboratory Center and two regional laboratories, one of the tasks of which is the study of material evidence related to fires and explosions, and 4 national rapid response teams operating throughout the United States.
The disclosure of the considered crimes committed by a terrorist group or committed in higher educational institutions, as well as when explosives are found on the territory of government buildings and in cases where the committed crime affects diplomatic relations with other states, is within the competence of the FBI. The FBI has a department for criminal investigations and a department for physical and chemical examinations of explosives. In the United States Special Police Forces, it is important to prepare a scene inspection plan that clearly defines the actions of the task force leader and its members.
The plan addresses the following issues:
Distribution of responsibilities among group members;
Development of a scheme for examining the scene of the incident and the sequence of its conduct, initial inspection of the scene, assessment of the collected material evidence, organizing the delivery of forensic and other means necessary for examining the scene of the incident;
Organization of the work of members of the operational group at the scene in accordance with their experience and knowledge;
Ensuring control over access to the scene of persons who are not part of the operational group.
Particular importance is attached to the organization of a coordinating link for the exchange of information between employees carrying out investigative actions and operational-search activities. This group is also responsible for informing representatives of the relevant authorities about the progress of solving the crime; joint actions carried out by operational groups at the scene of the incident and beyond, organizing the exchange of information between operational workers and groups, organizing business meetings for representatives of operational groups and organizations.
The plan also provides for the involvement of other persons:
Photographer
Crime scene mapper
Specific persons responsible for the seizure of physical evidence and their safety.
Specialists in various fields of science and technology are widely used in solving crimes related to the use of explosive devices and theft of firearms, who provide expert assistance to operational workers.
After all security measures have been taken, in agreement with the employees of the unit engaged in the neutralization of the explosive device, the so-called "cautious" inspection of the area on the territory of which the explosive device was triggered, as well as on the approaches to it, begins. According to the FBI, members of the task forces involved on the scene and off the scene should avoid jumping to conclusions that may potentially reduce their work to a zero option, as well as focusing only on finding physical evidence related directly to the VU or to firearms. Such a search may lead to the fact that other important evidence of a physical or informative nature will be missed.
When examining the scene of the incident, the members of the operational group proceed from the following premise: everything that was on the site before the explosion or after the explosion of the object remains there after the explosion. The purpose of such an inspection is to obtain a general idea of the characteristic features of the scene, to collect the maximum amount of physical evidence with the adoption of precautionary measures. In some cases, to obtain a general picture of the scene associated with the use of VU, it is advisable to use aerial photography.
Upon completion of the "careful" inspection of the scene, a detailed inspection of the entire territory is carried out, the purpose of which is to detect explosive particles, the mechanism for initiating the explosion, and the packaging of the device.
in Germany after a heated debate, the Bundestag approved new anti-terrorism legislation (Anti-Terror Gesetz). The German Criminal Code significantly expanded the wording of the paragraphs relating to "creation and participation in terrorist organizations": actions aimed at destroying railway and port mechanisms, airport facilities and industrial enterprises, and above all nuclear ones, are recognized as dangerous; the article "on incitement to socially dangerous acts" now covers persons who print and distribute various leaflets and proclamations (instructions for making improvised explosive devices or methods for disabling high-voltage line masts, etc.); A new article has been introduced that expands the prerogatives of the Federal Prosecutor General of the Federal Republic of Germany, who is charged with direct participation in the proceedings related to the activities of foreign terrorist organizations in the territory of the Federal Republic of Germany and their prosecution. Ministries and departments are obliged to report to the Federal Office for the Protection of the Constitution all known cases and facts of possible damage to national security and, in particular, terrorist acts.
Special units have been formed to organize counter-terrorism measures.
In France there is no cumbersome highly specialized service dealing exclusively with the fight against terrorism. Instead, the mobilization and coordination of the actions of the departments of the Ministry of the Interior, the army and all interested services capable of contributing both to the prevention and suppression of terrorism is being carried out. Under the direct supervision of the Director General of the National Police, the Counter Terrorism Coordination Unit (U.C.L.A.T.) has been established. It has a special "Department for Investigation, Assistance, Intervention and Elimination". The latter renders its assistance at the request of the services during counter-terrorism operations, when high professional skills are required, or carries out special missions in the form of surveillance and surveillance on the national territory. Head of U.C.L.A.T. if necessary, in crisis situations, gathers its representatives from the services involved in the fight against terrorism.
In addition, there is a unit that coordinates in France the work of German, Spanish, Italian, British services involved in the fight against terrorism, and the activities of French police units in countries united by bilateral agreements on cooperation in the field of combating terrorism, including Germany, Italy, Spain , Great Britain. Coordination is provided by an inter-ministerial committee to combat terrorism, which brings together, under the chairmanship of the Minister of the Interior, the Ministers of Justice, Foreign Affairs, Defense and other high-ranking officials.
The problems of preventing terrorist acts are discussed and decisions are made within the framework of the National Security Council under the leadership of the Prime Minister.
Information support is mainly carried out by two departments of the national police, one of which is in charge of general information on all issues related to domestic terrorism and its possible consequences on the international plane, and the second monitors the activities of foreign terrorist groups on the territory of the country. However, other services, in particular counterintelligence and military intelligence, also collect information through their own channels. All other formations of the national police, especially the air, border and city police, the national gendarmerie contribute to the prevention and suppression of terrorism. At the same time, traditional operational-search measures are actively used.
There are also anti-terror squads that use the experience gained by the anti-gang units that have operated over the past decades with large units of the national police in Paris, Lyon, Marseille and other cities. In the capital, especially in areas where airports, railway and sea stations are located, the fight against terrorism and banditry is carried out by the brigade to combat banditry of the Paris Prefecture of Police, from which a brigade of search and conduct of actions has been allocated. Their main task is to patrol in order to maintain public order in places where people are most congested, to suppress manifestations of panic and exert psychological pressure on terrorists, which is important and can prevent some bloody actions.
In ensuring security, great importance is attached to the introduction and use of modern technical means, the use of specially trained dogs to detect explosive devices and neutralize the actions of dangerous criminals.
One of the most important directions of the French system of combating terrorism is the program of actions of special forces in the event of hostage-taking by terrorists. In these cases, in addition to law enforcement forces, the participation of family members of the victims or terrorists, doctors, psychologists, psychiatrists, engineering and technical workers, rescuers, firefighters, etc. is envisaged. -search information, the work of headquarters, interaction with other forces, analysis of the situation, development of draft decisions, etc.
Vast experience in combating various kinds of extremist manifestations has been accumulated in Israel. The counterterrorist activity of the Israeli security services is based on the principle of "no concessions to terrorists," for it has long been proven that concessions to terrorists only breed new terror. The activities of the Israeli intelligence services are a vivid example of just such an uncompromising approach. Although, of course, such a position, fraught with enormous difficulties, and often victims, requires the authorities to exercise exceptional restraint and enormous responsibility to citizens.
The Israeli authorities went to the creation of special forces, but the fight against terrorism. This in the 60-70s. the counter-terrorist brigade was engaged, which carried out a number of successful operations, in particular, the escort of 90 passengers of the Sabena aircraft, hijacked by terrorists at Lod airport in 1972. Later, General Intelligence Unit 269 was created on its basis.
The Israeli experience in the fight against terrorism is valuable not only from a technical point of view, but above all in terms of exceptional consistency in pursuing an uncompromising, hard line against criminals, excluding their evasion of responsibility. The Israelis began to massively use armed forces in the fight against terrorists, de facto, giving the criminals the status of a belligerent.
The Israeli experience convincingly demonstrates that the main role in the fight against terrorism should be played by services and units specially designed for this purpose, using flexible tactics, all the variety of methods and means in their arsenal. The involvement of the armed forces, however, should not be completely excluded, but they can only perform auxiliary functions (protecting important facilities, supporting counter-terrorist operations, providing the psychological effect of being in the most likely places for actions, etc.).
The study and generalization of foreign experience is an important condition for the development of effective measures to combat terrorism, ensuring the security of the individual and society in the Russian Federation.
Control tasks:
1. Outline the basics of conducting a counter-terrorist operation.
2. Expand the tactics of the police department to suppress a terrorist action in the form of an explosion.
3. Describe the tactics of the police department to free the hostages.
4. Tell us about the tactics of the police department to eliminate illegal armed groups.
5. Explain the basics of ATS tactics to prevent the hijacking of an aircraft.
6. Highlight foreign experience in the fight against terrorism.
Conclusion
Prevention and suppression of terrorism are extremely difficult tasks, since this phenomenon is generated by many social, political, economic, religious and historical reasons, as well as the inadequacy of legal, organizational, professional measures aimed at combating this global threat to humanity.
With this publication, the author does not pretend to provide a comprehensive and complete presentation of this problem, as well as the development of ready-made solutions for all occasions, given the great variety of forms, methods and manifestations of terrorism. Many of the recommendations are "piece" decisions based on a comprehensive analysis of specific situations.
A special place in the activities of state and public organizations in the fight against terrorism belongs to the coordination of the efforts of different countries in the prevention and suppression of this evil. Therefore, the approach to solving this problem should reflect this circumstance. This applies to a consistent and unambiguous understanding of terrorism, the creation of more effective international legal acts and especially comprehensive programs to combat it, the joint planning and implementation of preventive, operational-search, economic, security and other measures, the arrest and prosecution of terrorists.
Protection against terrorists can be effective only if it is carried out at a professional level by competent specialists, including specialists from internal affairs bodies.
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Part 1
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Part 2
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Agreement on the interaction of the ministries of internal affairs of independent states in the field of combating crime of April 24, 1992 / / Collection of documents of the Ministry of Internal Affairs of the Russian Federation "Cooperation of States in the fight against crime", - M., 1993. P. 15-20.
Agreement on cooperation between the ministries of internal affairs in the fight against terrorism of September 8, 2000 / / Legal regulation of the activities of internal affairs bodies: Collection of normative legal acts: in 3 volumes. Volume 1 / Rev. ed. Vasiliev V.A., compilers Moskalkova T.N., Chernikov V.V., - M .: MSS, 2001, p. 726-732 (816 pp.).
Order of the Ministry of Internal Affairs of the Russian Federation of February 28, 2000 N 221 "On measures to improve cooperation through Interpol."
Ethnic, religious and political terrorism is terrible precisely because it targets not generals and policemen, not politicians and clergymen of a different confession, but society itself. The natural reaction of an ordinary person is to transfer responsibility from the guilty person to all representatives of a certain nationality, religion or political movement.
Russian society today accuses Chechens of terrorism. Naturally, specific names are publicly named - Khattab, Basayev, Gelayev. However, 95% of the country's population believe that every Chechen is Khattab or his agent. Although logic suggests that this cannot be, for the sake of their own and public safety, citizens are ready to support any anti-Chechen and anti-Caucasian measures.
Russian legislative and ideological practice (with some exceptions) does not divide terrorism into components - whatever the motives for a terrorist attack, it is considered criminal. Meanwhile, international organizations fighting terrorism distinguish several types of terrorist activities. Accordingly, the assessment of the consequences and the attitude towards terrorists differ. The Institute for Combating Terrorism (Israel) distinguishes three types of terrorism:
International terrorism - the location of the terrorist attacks does not matter; a terrorist group consists of persons of different nationalities and (or) religions; the object of the struggle is either political and religious views, or international organizations, agreements, institutions; terrorist activity is sponsored by a foreign (in relation to the territory of activity) state (states) or individuals, organizations that are not residents of the territory (country) of the group's activity.
Domestic terrorism - the place of committing terrorist acts - the host country; a terrorist group consists, as a rule, of citizens of one country, nationality, religion; the object of the struggle is the internal problems of the host country.
Object terrorism - terrorist acts are committed against certain objects of vital activity that terrorist groups consider harmful or dangerous (anti-nuclear terrorism, environmental terrorism).
There is also such a type of terrorism as an armed struggle for independence, which takes the form of terrorism. It includes the terrorist activities of the rebels against the military and police facilities of the colonial side. In the case of harm to civilians or the use of force against the "innocent", this form of struggle can also be regarded as terrorism.
Strictly speaking, before the signing of the Khasavyurt agreements, all acts of Chechen fighters against Russia fell into the category of "armed struggle for independence, taking the form of terrorism," and the fighters were classified as "rebels." Neither Basayev's act in Budennovsk, nor Raduev's raid on Kizlyar is in the international databases on terrorist attacks. Accordingly, documented participants in these crimes are not considered terrorists and are not on the global WANTED list.
Four explosions in Russia resulted in the death of 271 people. Now it seems to many Muscovites that their home is defenseless, that every Caucasian is carrying a bomb, that the nightmare will not end...
During the thirty years of terrorist war (1969-1999), 3,401 people died in the United Kingdom. Researchers identify at least three "waves" of terror by the Irish Republican Army, each of which consisted of five to seven incidents. One can imagine the psychological state of British society in the early years of terror, when almost the main truth of national self-consciousness - "My home is my fortress" - was questioned. The public security of the United Kingdom, which seemed unshakable, managed to keep calm both in the years of crises and in the years of the collapse of the colonial empire, at first could not oppose anything to the Irish. Every person with an Irish accent seemed to be an IRA militant ... Exactly the same situation was in Spain, where the extremists of the Basque organization ETA waged a real war - both against the state and against citizens. However, in addition to psychological consequences for individuals, terrorist "waves" can also provoke social consequences.
In the middle of the 20th century, it became obvious that the world community did not have "conflict management" technologies at its disposal. Neither the nature of the emergence of intra-social conflicts, nor their internal mechanisms have been studied by sociologists and managers. Conflictology has become an academic response to this challenge of a changing civilization. However, she studies not only civil wars and revolutions - terrorism is also in the sphere of interests of conflictologists. The most authoritative conflictological centers of the world are located in Belfast, Madrid, and Brussels.
When terrorist violence becomes massive and unaddressed, society reacts to it in accordance with its own historical tradition. The worst thing that can happen is the public use of fear by politicians or the media.
Mistakes in interpretation, excessive detail in the description of the tragedy, personalization of victims and de-personalization of the enemy - this is a toxic explosive mixture that can easily lead society to systematic murders on ethnic or religious grounds.
Anti-Caucasian sentiments, already quite tangible, became widespread after the terrorist attacks in Moscow. It is no longer only political extremists who are calling for the "cleansing" of Russia from - now - Caucasian terrorists; even those who at one time felt certain sympathies for the Chechens demand actions of retribution and a tough domestic policy. Television shows footage of militant violence against hostages; on the air, the question of who should be evicted from Moscow is openly discussed - only Chechens or all "persons of Caucasian nationality."
no capitulation to terrorists, full determination to defeat terrorism within the framework of the law and the democratic process;
no deals with terrorists, no concessions, even in the face of the gravest threat or blackmail;
Every effort must be made to ensure that cases of terrorist charges reach the courts and a legal sentence is passed;
Severe penalties must be taken against state sponsors of terrorism that provide terrorist movements with safe haven, explosives, money, and moral and diplomatic support;
the state must resolutely stop terrorist attempts to block or undermine international diplomatic efforts to resolve major political crises. Terrorism has become a major threat to peace and stability, and its suppression is thus the common cause of the entire international community.
There is no worse mistake than involving "everyone and everyone" in the fight against terrorism. In fact, this is exactly what the terrorists are trying to achieve - an almost animal reaction to their actions. "I am threatened - I arm myself - I am armed - my gun must not be idle -..." One violence gives rise, like a disease-causing virus, to hundreds of other foci of disease, threatening the integrity and, in fact, the life of the entire social organism.
The most important instrument of anti-terrorist policy is awareness, that is, knowledge and readiness for action in an emergency. Since political mistakes have brought society to a terrorist war, its citizens must be prepared for survival. They must be sure that everything necessary is being done to ensure safety; all adults should be proficient (at a minimum level) in first aid and emergency procedures.
But the main thing is to restrain public emotions. Politicians and the media have an obligation to restrain their emotions. Terror is terrible; civilian casualties - a tragedy; terrorists are criminals. But, firstly, terror is imposed by specific people, and not by this or that nationality or confession. Secondly, this is not a war, but a special kind of crime. Thirdly, the more a society discusses acts of terror, the more it will "get excited."
And finally, the general recommendation of all specialists in anti-terror and conflict resolution is that the state in its fight against terrorism should, at least publicly, do everything within the framework of its own laws. If the only way to undermine or stop terrorism is an obviously illegal operation, such as the assassination of a terrorist leader in foreign territory or a major operation involving a clear violation of human rights, such activities must be carried out in the strictest secrecy; if the society can find out about the involvement of the state in such actions, then only some time later, when natural emotions and pain calm down.
Conclusion
Speaking about the situation that is developing today in the field of combating terrorism, it should be emphasized that this problem is an international problem. This implies that not separate anti-terrorist centers specially created for this purpose, or even law enforcement agencies and special services, should be involved in this task. To combat this universal threat, it is necessary to unite the efforts of all state and public structures, branches of government, and the media. We need a strategy to fight terrorism.
It is hardly possible to get rid of terrorism overnight. Even in an environment of relative political stability, it is not easy to rule out the excesses of terrorism. This is explained both by the survivability of the terrorist psychology of certain social strata that have not found their place in the social structure of society, and by the ability of terrorist leaders to respond and take advantage of the dissatisfaction of ordinary people with the current socio-economic situation.
The eradication of terrorism is a long process that involves the creation of the necessary objective and subjective conditions to achieve this goal. At the same time, it is impossible to destroy terrorism by forceful, terrorist means: violence inevitably breeds violence. It is important to convince the society, all political forces that speculation on objective difficulties and contradictions, the forceful version of their solution is the path leading to disaster.
The most important prerequisite for the eradication of terrorism is the stabilization of the economic and political situation in countries, the strengthening of democratic principles in social and political life. It is necessary to form a normal civil society in which the social base of terrorism will be sharply narrowed. Another very important prerequisite is the development and rooting of democratic traditions, the formation and development of political and ideological pluralism, the establishment of such rules of the “political game”, which are characterized by mutual tolerance, the rejection of confrontation between various social and political forces, the search for and finding consensus. It is especially important that stable democratic political systems, mechanisms of civilized political dialogue and rotation of power be formed in the states. It is necessary that those in power exclude the mood of the opposition and contribute to ensuring the rights and legitimate interests of the minority. Of course, the opposition forces should also abandon such methods in their political activities. To oust terrorism from life, it is necessary to develop a high political and legal culture in society, a clear establishment of legal sanctions for terrorist acts.
It is necessary to create favorable conditions for the normal and even development of various ethnic groups and ensure the realization of their interests in order to prevent conflicts on ethnic grounds. The task of states is to form in all ethnic groups living in a given country such self-awareness, in which the sense of belonging to their state would take precedence over the factor of ethnicity in the process of self-identification of citizens.
Summit meetings and treaties alone are not enough to eradicate terrorism. Effective counteraction to international terrorism requires the development and implementation of a comprehensive program that includes political, social, economic, legal, ideological, special and other aspects. It must certainly take into account the interests of the population, the problems and conflict potential of terrorism throughout the world. We also need interaction and coordination of all the forces of society interested in solving this urgent problem.
One of the most important activities of the heads of state should be joint interaction to prevent, localize and stop regional outbursts of extremism, since individual conflicts caused by terrorists can cause destabilization in other states.
The tragic results of terrorism that characterize this phenomenon of current politics should serve as an important warning to all political forces that attempts to solve political, economic and other problems with the help of violence do not contribute to the solution of the tasks set, but, on the contrary, lead to the aggravation and growth of contradictions in society. .
BIBLIOGRAPHY
1. Gusher A.I., The problem of terrorism at the turn of the third millennium of a new era of mankind //
http://www.e-journal.ru/p_euro-st3-3.html
2 Federal Law of the Russian Federation on Combating Terrorism //
http://www.fsb.ru/under/terror.html
3 Avdeev Yu. I., Features of modern international terrorism and some legal problems of combating it // http://www.waaf.ru/3x.htm
2. //Diplomatic Bulletin//, 1996, No. 2
7. // Echo of the planet, 1995, No. 10.
8. Moscow news, 1997
The governments of foreign countries are fighting the terrorist threat in two main directions. First, by carrying out special and military-technical measures aimed at reducing the effectiveness of terrorist activities. Secondly, by carrying out ideological and socio-psychological measures aimed at enlisting the support of the majority of its citizens in the fight against terrorists, isolating them from the population. At the same time, the successful implementation of such a policy would be impossible without pooling the efforts and coordinating the actions of all competent organizations involved in the confrontation with terrorist activity. States strive to firmly and consistently combat terrorist manifestations, both at the national and international levels, which is reflected in the laws in force on their territory. In a number of normative acts, the firm position of the legislative and executive authorities in relation to both individual terrorists and extremist organizations that resort to violence can be traced. Such an uncompromising approach, in particular on the part of the United States, France and a number of other states, to solving the existing problem of international terrorism is motivated by the fact that the manifestation of the slightest concessions contributes to the rapid growth of the activity of other terrorist groups, causes the activation of their activities and the tightening of the demands put forward.
In all the leading Western countries, the state strictly controls the main measures to combat terrorism and suppresses any attempts to propagate terrorist activities. In recent years, the fight against terrorism has taken on a broad scale, corresponding to the reality of its threat. Because of this, the law enforcement forces and intelligence services of these countries, promptly responding to changes in the tactics of terrorist groups and extremist organizations, are actively developing new forms and methods of combating the terrorist threat. Thus, in many Western European countries and the United States, methods have been developed for identifying terrorists, detecting bombs planted by them and various types of weapons hidden by them, obtaining information about terrorists necessary for the police, security agencies, etc. However, according to experts in anti-terrorist activities, at the present stage, the fight against this phenomenon, which has taken on a global scale, is still insufficiently effective.
According to Western experts, despite all the measures taken, in 79 cases out of 100 terrorists managed to escape punishment for their crimes. This is partly due to the effect of surprise and unpredictability of extremist actions. They are well equipped with modern types of means of destruction. The main core carrying out terrorist acts is deeply conspiratorial, highly disciplined and usually consists of fanatics ready for any action. On the side of the terrorists - the speed of action in the most vulnerable places, the calculation of panic, the free choice of suitable targets and a wide range of different means of terror, as well as an unlimited choice of place and time to commit a terrorist act.
The accumulated experience in the fight against terrorism and the analysis of the violent actions associated with it make it possible to identify the most characteristic terrorist acts, which can be reduced to the following types: hijacking aircraft with hostages; hostage-taking in the buildings of embassies, representative offices, banks, other major departments and institutions; kidnapping of people, including public and political figures, diplomats, representatives of the propertied classes, party leaders, members of organizations involved; murder; bomb explosions in buildings, vehicles and other crowded places, laying explosive
devices in parcels, parcels, letters, etc.; threats and blackmail to commit a terrorist act.
INTRODUCTION
At present, globalization has affected not only positive social processes, but also such a dangerous phenomenon as terrorism. With the acquisition of an international character, terrorism has become dangerous for society on a global scale.
As N. Nazarbayev notes in the book “The Critical Decade”, “the consequence of the globalization of terrorist activity is the formation of special groups of people engaged in this on a permanent and professional basis ... It has already become obvious that the wide financial possibilities of terrorist organizations allow them to replenish their ranks with mercenaries - professionals ... And, of course, to replenish their funds, terrorist organizations seek to subjugate the drug business, racketeering, prostitution, arms trafficking, smuggling, gambling, etc. In particular, a highly profitable area that terrorist organizations seek to control is human trafficking (trafficking of women, sale of children).
Terrorism over the past few decades has become not only a widespread phenomenon of socio-political relations in the main regions of the world. It has acquired social stability, despite the active efforts made both within individual states and at the level of the world community to localize and eradicate it.
The tense situation acquired such a scale at the beginning of the 21st century that international terrorism has become a common subject of study among philosophers, journalists, political scientists, sociologists, psychologists and lawyers, who are constantly arguing about it.
International terrorist acts are committed with the use of violence against many innocent people and the violation of their natural rights. The constant growth of international crimes of a terrorist nature testifies to the ineffectiveness of the existing tools to combat them. The main problem is that the quantitative and qualitative increase in international terrorist acts clearly outstrips the rate of growth in the effectiveness of combating them. Scientific research, training and coordination of the activities of law enforcement agencies, testing of technical and operational-tactical methods of combating international terrorism, the adoption of international, regional and bilateral agreements on combating international terrorism, improving national legislation in the field of combating international terrorism - all this is happening with a delay , according to the principle "first the problem - then the elimination of its consequences." Any active measures to combat international terrorism are taken only after major international terrorist acts. Such a struggle is not only ineffective, but also gives confidence to the organizers of international terrorist acts in their criminal activities.
Thus, the relevance of the topic of the problems of combating international terrorism is determined by the following factors:
the quantitative and qualitative transformation of international terrorism and the magnitude of the directions of its spread;
the use of international terrorism as a cover for the subversive activities of foreign states;
features of the geopolitical position of the Republic of Kazakhstan.
The purpose of the course work is to analyze current problems in the international legal cooperation of states in the field of combating international terrorism.
The following tasks are aimed at achieving this goal:
reveal the concept, essence, signs of international terrorism and the legal mechanism for combating it;
analyze legal means and methods of preventing international terrorism;
explore legal ways to identify and suppress the activities of international terrorist organizations in the international arena.
The structure of the course work is determined by the goals and objectives. The work includes an introduction, two sections, a conclusion and a list of references.
1. Qualification of international terrorism
kazakhstan treaty fight terrorism
1.1 Issues of formation and development of the normative prohibition of terrorism
The first international experience in the fight against terrorism was the International Conference on Combating Anarchists, held in November-December 1898 in Rome. The Conference was attended by 21 states, including Russia, France, Great Britain, the USA, and others. The main task of this Conference was to establish a permanent agreement between European governments in the interests of public protection in order to successfully counter anarchist communities and their followers.
At the Conference, the question of the difficulty of defining an anarchist crime was discussed, but the sign of anarchism remained indisputable - the goal of violating the state or social order.
Extradition was recognized as one of the main international means of combating anarchists, since the spread of anarchism is mainly facilitated by the impunity of its leaders, who find refuge in foreign countries. When following anarchists in transit through non-neighboring states, the latter are obliged to escort them to the nearest border point. The final document was signed by the participants on December 21, 1898. The general principles of the fight against anarchism, enshrined in this document, were advisory in nature. And, apparently, today the tasks solved at the 1898 Conference have remained relevant. In the late 1960s, the world press increasingly reported on hijackings, explosions in embassies, kidnapping of diplomats, provocations and direct attacks on various government and non-government offices, as well as the use of postal services to send plastic letter bombs. In such conditions, the question of combating terrorist acts within the framework of the international community of states sharply arose. In this regard, the Secretary-General of the United Nations, in his note dated September 8, 1972 (A/8791), requested that an item be placed on the agenda of the XXVII session of the UN General Assembly entitled "Measures aimed at preventing terrorism and other forms of violence that threaten the lives of innocent people or lead to their death, or jeopardize fundamental freedoms.
As a result of the work, the Sixth Committee adopted a draft resolution of the General Assembly on this issue. The resolution recognizes the importance of international cooperation in developing measures aimed at effectively preventing such acts and studying their root causes in order to find just and peaceful solutions as soon as possible.
On December 1972, the General Assembly, on the recommendation of the Sixth Committee, adopted resolution 3034 (XXVII), in accordance with paragraph 9 of which the Special Committee on International Terrorism was established. The Committee included Algeria, Hungary, Great Britain, Yemen, the USSR, the USA, Syria, Tunisia, the Ukrainian SSR, the Czech Republic, France, Yugoslavia, Japan and others.
Thus, the term "international terrorism", having first appeared in the pages of the world press, is now enshrined in UN documents.
November 1937 in Geneva was opened for signing the Convention on the Prevention and Punishment of Terrorism, prepared by the Committee of Experts. The Convention stressed that its purpose is "... to increase the effectiveness of measures to prevent and punish terrorism in cases where it is of an international character ...". The Convention has not entered into force. It was signed by Albania, Argentina, Belgium, Bulgaria, Venezuela, Haiti, Greece, Dominican Republic, Egypt, India, Spain, Cuba, Monaco, Netherlands, Norway, Peru, Romania, USSR, Turkey, France, Czechoslovakia, Ecuador, Estonia and Yugoslavia .
The next step in the cooperation of states in the fight against terrorist acts of an international nature was the adoption of the following conventions: the Convention for the Suppression of Unlawful Interference in the Activities of Civil Aviation; Convention on Crimes and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on September 14, 1963; Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague; Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal. The most important provisions of these conventions are the inevitability of punishment for the actions listed in them, the transfer of the case for criminal prosecution without any exceptions, the extension of the conventions to both government and non-government airlines. However, these conventions have not solved all the problems associated with unlawful interference in the activities of civil aviation. In particular, questions remained open about the prosecution and punishment of persons who commit crimes outside any national territory, about the provision of protection to officials of airport services.
When characterizing acts of unlawful interference in the activities of civil aviation, it should be borne in mind that acts of violence that began with attempts to seize control of an aircraft in order to use it as a convenient means of transport in order to leave the state, developed into violent actions on international airlines with the aim of hostage-taking or outright destruction of an aircraft by virtue of its registration in a particular state. These actions are accompanied by the death of innocent people, which undermines confidence in air transport, creates a sense of fear and insecurity among the crew of aircraft, passengers, aircraft maintenance personnel and employees of other services and facilities used in civil aviation.
It seems that acts of unlawful interference with the activities of civil aviation, to the extent that they constitute offenses under the above conventions, should be considered as terrorist acts of an international character committed in air transport.
Taking into account that in the 60-70s of the last century, terrorist acts were especially often committed against diplomatic representatives and missions of states, the International Law Commission, on the basis of UN General Assembly resolution 2780 (XXVI) of December 3, 1971, developed a Draft Convention on the Prevention of Crimes and punishment for crimes against diplomatic agents and other internationally protected persons.
The Convention, adopted on December 14, 1973, specifies the circle of persons enjoying international protection. Based on Art. 1 such persons include: a) the head of state or the head of government located in a foreign state, as well as family members accompanying them; b) any official of a state or international organization who, in accordance with general international law or international agreement, enjoys special protection in connection with the performance or by reason of the performance of functions on behalf of his state or international organization, as well as members of his family who enjoy special protection.
Art. 2 of this Convention defines the range of crimes against internationally protected persons. These crimes include, in particular, the deliberate commission of: a) murder, kidnapping or other attack against the person or freedom of an internationally protected person; b) a violent attack on the official premises, living quarters or means of transport of an internationally protected person that may endanger the person or freedom of the latter.
The practice of the League of Nations and the United Nations followed the path of developing conventions that separated the terrorist activities of individuals from the policy of terror pursued by states, and provided protection against terrorist acts of an international character by virtue of certain functions of the person or special position of property in respect of which the terrorist act was committed. Under the protection of international law against the commission of terrorist acts of an international nature are currently: crews of aircraft and air lines, both internal and external, by virtue of the conclusion of the Hague and Montreal conventions for the suppression of unlawful interference in the activities of civil aviation; persons and their residential and official premises, in respect of which the host state must provide special protection by virtue of the functions assigned to these persons on behalf of their state or the international (intergovernmental) organization in whose service they are. Such protection is provided on the basis of the Convention on the Privileges and Immunities of the UN Specialized Agencies of 1947, the Vienna Convention on Diplomatic Relations of 1961, the Vienna Convention on Consular Relations of 1963, the Convention on Special Missions of 1969, the Convention on Relations between States and International organizations 1971, Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents 1973.
Terrorist acts can be committed both in peacetime and in wartime. In conditions of armed conflict, first of all, the Geneva Conventions and the Statute of the Nuremberg Tribunal (Article 6), which prohibit the commission of terrorist acts against prisoners of war and the civilian population, as well as the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, concluded under the auspices of UNESCO in 1954, are in force. d. In addition, the provisions of international law that prohibit and prosecute the commission of these acts can be divided into rules prohibiting these acts on the territory of a state in relation to its citizens, and rules that, in particular, aim at preventing terrorist acts of an international character and punishment for doing so. These acts acquire an international character by virtue of the object and content of the terrorist act.
The UN showed particular activity in creating mechanisms of international legal regulation of the fight against terrorism after the September 11, 2001 terrorist attacks in the United States. Thus, the UN General Assembly considered the issue of these tragic events the very next day after the attack and unanimously adopted a resolution calling for international cooperation in order to prevent and eradicate acts of terrorism and bring to justice the perpetrators, organizers and sponsors of acts of violence. On the same day, the Security Council, in its resolution 1368 (2001), called on the international community to redouble its efforts to prevent and suppress terrorist acts, including by enhancing cooperation and ensuring the full implementation of relevant international anti-terrorism conventions and Security Council resolutions, in particular resolution 1269 (1999).
The most important event in the anti-terrorist cooperation of states was the resumption of the activities of the Special Committee, established in accordance with General Assembly resolution 51/210 of December 17, 1996, with the aim of developing a Comprehensive Convention on International Terrorism.
Thanks to the work of the said Special Committee, on September 28, 2001, the Security Council unanimously adopted Resolution 1373 on combating international terrorism. This document provides for a wide range of specific measures at the national, regional and international levels aimed at combating terrorism. Among them, the following measures are of particular importance: a ban on the financing of terrorist activities; declaring criminal any activity related to the collection of funds on the territory of any state in order to support terrorism; requiring States to put an end to all terrorist recruitment and arming activities; strengthening border control measures to prevent the illegal entry of terrorists; speedy accession of all states to the current international conventions of the United Nations on combating terrorism and their full implementation; exchange of information and cooperation between all states on issues of coordinating the fight against terrorism.
A feature of this resolution of the Security Council is that all the measures indicated in it must be implemented by the states (clause 1), which makes the resolution not a recommendation, but a mandatory one.
All the numerous provisions of this Security Council resolution, in our opinion, can serve as a basis for accelerating the development and adoption of the Comprehensive Convention on International Terrorism.
Summing up the consideration of the issue of developing cooperation between states in the fight against international terrorism, we can draw the following conclusions.
The most effective cooperation between states in the fight against international terrorism is carried out at the regional level and within the framework of the United Nations.
The international legal acts adopted by the UN on combating terrorism, firstly, distinguish between the terrorist activities of individuals and the policy of terror pursued by states; secondly, they introduce the principle of "extradite or prosecute", which ensures the inevitability of punishment for terrorism. These acts ensured the protection of international law to aircraft crews, persons in respect of whom the state must provide special protection by virtue of the functions assigned to these persons.
An analysis of the anti-terrorism acts adopted within the framework of the UN gives grounds for the conclusion that, depending on the subject and object of the commission, as well as the degree of social danger, terrorist acts can be classified as:
a) an international crime in case of state terrorism (indirect aggression);
b) a crime of an international nature (the presence of an international element, a significant danger to international relations);
c) a crime of a national nature (the absence of an international element, but a significant social danger for a particular state).
The qualification of a terrorist act determines the form of legal cooperation of states in this area, which can be expressed as:
a) the creation of a body of international jurisdiction;
b) development of a convention mechanism for legal cooperation between states in this area; c) unification.
Some researchers believe that, if we talk about such a phenomenon as modern terrorism, then the countdown can start from 1945. Two terrible events are historically and logically linked - the bombing of Hiroshima and Nagasaki in 1945 and the disaster in New York on September 11, 2001.
Regulatory prohibition and methods of combating terrorism have also been developed in the national law of states.
The most active fight against international terrorism is carried out by the United States after the well-known events of September 11, 2001. The House of Representatives of Congress in October 2001 approved the final version of the bill on combating terrorism, which greatly expands the powers of the US intelligence agencies. One of the key provisions of the bill provides for a simplification of the procedure for law enforcement agencies to obtain court approval to listen in on the conversations of possible extremists and related persons, track their activities on the Internet, and search their homes. In addition, the bill toughens punishment for terrorists and those who provide them with material and other assistance. Given some legislators' concerns about civil liberties, the sanction provision for wiretapping is limited to four years.
The US experience shows the following methods of combating international terrorism:
) open access to financial information of citizens and organizations in banks;
) free exchange of data between different departments;
) expanding the powers of federal authorities and intelligence organizations in the fight against money laundering; expanding the powers of the Treasury Department in regulating the reporting of US banking institutions.
In addition, a ban has been introduced on the entry into the United States of persons who, according to the ministries of justice of the CIS countries, are involved in the laundering of "dirty" money.
Despite the fact that the Republic of Kazakhstan is a politically stable state, it is necessary to pay special attention to foreign and international experience in combating international terrorism. Lack of own experience entails unpreparedness for sudden international terrorist acts due to their unpredictability. In addition, law enforcement agencies need knowledge of the world experience in preventing international terrorism, since the prevention of socially dangerous phenomena must be carried out when there is still no potential danger. This is also due to the fact that the prevention of international terrorism lies in the solution of socio-economic problems in the state, the correct course of foreign and domestic policy, the consensual solution of interstate, interethnic and religious problems. To do this, it is necessary to use the practice of combating international terrorism in other countries, and, therefore, to possess information, systematize, analyze and adapt to the conditions of Kazakhstan.
For these purposes, the National Security Committee, the Prosecutor General's Office, the Ministry of Internal Affairs and the Ministry of Foreign Affairs, in order to coordinate actions to combat terrorism at the domestic and interstate levels, have formed a single data bank on terrorism and other manifestations of extremism and separatism on the basis of the relevant interagency regulatory act. The exchange of such information at the interstate level, as well as direct cooperation in the main areas of operational and service activities in the fight against terrorism, is carried out on the basis of international obligations.
World experience in the fight against international terrorism has determined the paramount importance of the fight against the financing of terrorism and organized crime, which have determined the main areas of activity of the law enforcement agencies of the Republic of Kazakhstan.
An analysis of the reports of the KNB, the Ministry of Internal Affairs, the Ministry of Foreign Affairs and the Prosecutor General's Office on the results of the fight against terrorism in the Republic of Kazakhstan showed that these bodies do not actually use foreign experience in combating international terrorism for Kazakhstan, treating it as unsuitable for the political security of the country. But if only 2 cases of people transiting in preparation for terrorist activities were revealed in Kazakhstan, this does not mean that there were no other cases, and they will not happen in the future.
The transit potential of Kazakhstan, along with its proximity to Uzbekistan, Tajikistan, Kyrgyzstan, Russia, simply does not allow us to accept 2 cases of transit of terrorists for recruitment as the only ones. This, on the contrary, indicates the low quality of the work of the Kazakh special services, from which attention should also be paid to the problems of the functioning of special services, for example, the United States and England. Many "hidden" problems in this way are also in the sphere of transit of financial flows for the financing of terrorism through Kazakhstan.
It seems that it is necessary to more actively adapt information about the world experience in combating international terrorism within the framework of the created data bank under the KNB, the Ministry of Foreign Affairs, the Ministry of Internal Affairs and the Prosecutor General's Office to the conditions of Kazakhstan, paying special attention to foreign experience in the legislative and practical prevention of international terrorism.
1.2 Legal definition of terrorism
An analysis of recent terrorist attacks shows that the demands put forward by terrorists represent a wide range of aspirations, from attempts to obtain a certain amount of money or release imprisoned like-minded people or members of criminal groups and ending with attempts to change the existing system, violation of state integrity or state sovereignty. Not only human victims, but also individual elements of the constitutional order of a state or even a group of states act as an object of terrorists: the order of government, political structure, public institutions, the economic power of the state, etc.
The UN Committee on Crime Prevention and Combating Crime at its XI session in 1990 pointed out the lack of a generally accepted definition of the concept of "international terrorism". or performer) while planning their activities, receive guidance, travel from other countries, flee or seek asylum, or receive assistance in any form in a country or countries other than those in which the activities are taking place.”
In the adopted recommendations to states, the Committee noted that, since the first study of international terrorism conducted by the UN, the international community could not reach agreement on the content of the term "international terrorism". At the same time, the Committee noted that the adoption of a specific definition of international terrorism is of dubious value for the fight against it.
One can hardly agree with such an approach of the UN Committee on Crime Prevention and Combating It regarding the definition of international terrorism. Without a clear definition at the universal level of this type of international crime, it is difficult and even impossible to finally develop and adopt the Comprehensive Convention for the Suppression of International Terrorism, work on which has been going on since 1998. terrorism, hinder the adoption of this convention.
On July 1, 2002, the Rome Statute of the International Criminal Court entered into force. Thus, the permanent body of international justice for criminal cases on international crimes, the idea of the need to establish which in the world community arose at the beginning of the 20th century, has become a reality. However, among the crimes falling under the jurisdiction of this Court, there is no international terrorism, which in modern conditions, when this act has become a real threat to all mankind, does not seem justified. The Republic of Kazakhstan, like many countries, has not ratified the Rome Statute of the International Criminal Court.
For the first time, the question of attributing international terrorism to international crimes under the jurisdiction of the International Criminal Court arose in the mid-1930s. 20th century This was preceded by major terrorist attacks. So, on October 4, 1934, in Marseilles, during an official visit to France, King Alexander of Yugoslavia was killed by a bomb explosion. A mortal wound was also inflicted on French Foreign Minister L. Bart. The killer fled to Italy, which refused to extradite the perpetrator, arguing that, according to the provisions of the current international law on political asylum, persons who committed a criminal act for political reasons are not subject to extradition. In response to these developments, France proposed the development of a draft International Criminal Code condemning terrorism as an international crime and the establishment of an International Criminal Court to punish terrorists within the framework of the League of Nations. A committee specially created by the League of Nations prepared a draft of the relevant convention. However, when discussing the draft at the governmental level, opposition of a number of states to the proposal to establish the International Criminal Court emerged. It was opposed, in particular, by the Netherlands, citing their country's long tradition in the field of political asylum. Subsequently, two conventions were proposed for discussion: on terrorism and on the International Criminal Court. On May 31, 1938, 19 states signed the Convention on Terrorism. 13 states, including the USSR, have signed the Convention on the International Criminal Court. However, neither convention has entered into force. Only one country - India - has ratified the first of them. The Convention on the Establishment of the International Criminal Court has not been ratified by any state, including Kazakhstan.
If the states parties to the Rome Statute decide to take cases of international terrorism under the jurisdiction of the International Criminal Court, then the Rome Statute will then need to be amended to establish a list of acts constituting acts of terrorism. The Court, in a preliminary ruling, will have to determine whether these actions threaten international peace and security. After the adoption of such a decision, the Security Council, just as in the case of aggression, will have to be given the authority to take measures to maintain international peace and security.
If such a state of affairs existed, for example, during the events that occurred on September 11, 2001 in New York and Washington, then the International Criminal Court, having decided that the terrorist acts committed contain signs of international terrorism, and having documented the involvement in these acts of Al-Qaeda, would begin the process of investigating these acts, and the Security Council could authorize a counter-terrorist operation in Afghanistan.
Some lawyers, proceeding from the fact that terrorism is primarily an international phenomenon, in the analysis and qualification of which each state relies on its own interests (economic, geopolitical, military, etc.), are rather skeptical about the prospect of unanimity of the world community regarding a clear and comprehensive definitions of terrorism. So, in particular, V.E. Petrishchev notes in this regard that “one can, of course, imagine a utopian situation in which the supreme authorities of all states decide to jointly fight international terrorism, relying on certain universal values. However, to what consequences in the field of practical politics the approach leads, when not the interests of one's own country, but "universal" ideals are put at the forefront, we know from the lesson of our own recent history. In real life, statesmen who are rooting for the well-being of their own country and their people form a policy based precisely on national interests. At the same time, the methods of its practical implementation outside can take the most cynical forms.
In international legal terms, the concept of terrorist activity was first defined in the Convention on the Prevention and Punishment of Acts of Terrorism, adopted by the Assembly of the League of Nations on November 16, 1937. In accordance with this Convention, the participating States assumed the obligation to refrain from any action aimed at terrorist activities directed against another state, and hinder the actions in which these activities are expressed. The participating States also committed themselves to preventing and suppressing the following types of criminal activities directed against the State and with the aim or ability to terrorize certain persons, groups of persons or the public, which constitute an act of terrorism within the meaning of the Convention:
.Intentional acts against life, bodily integrity, health and liberty: heads of state, persons enjoying the prerogatives of the state, their hereditary or appointed successors; spouses of the persons named above; persons vested with public functions or duties, when the specified action was performed by virtue of the functions or duties of these persons. Intentional acts consisting in the destruction or damage to public property or property intended for public use owned or administered by another State Party. A deliberate act capable of endangering human lives by creating a general danger. .Attempt to commit violations provided for in the provisions of the Convention. In particular, the fact of manufacturing, obtaining, storing or supplying weapons, explosives or harmful substances in order to carry out a criminal offense in any country was recognized as criminal. Thus, the International Convention of the League of Nations on the Prevention and Punishment of Acts of Terrorism of 1937 codifies an important sphere of regulatory influence of international law in the struggle of the world community against the international crime of terrorism. The development of the multidimensional topic of international terrorism by the practice of international law intensified in the 70-80s of the XX century, when a total of 19 international conventions were prepared. The concept of terrorism is officially practiced today in forty-five normative legal acts of the domestic law of Kazakhstan and international treaties with the participation of the Republic of Kazakhstan. The Law of the Republic of Kazakhstan dated July 13, 1999 "On Combating Terrorism" defines international terrorist activities: “International terrorist activity is terrorist activity: carried out by a terrorist or a terrorist organization on the territory of more than one state or damaging the interests of more than one state; citizens of one state in relation to citizens of another state or on the territory of another state; in the case where both the terrorist and the victim of terrorism are citizens of the same state or different states, but the crime was committed outside the territories of these states”. It can be seen from the definition that the recognition of terrorism as international depends on the presence of a foreign entity in terrorist activities or its interests. For international criminal law, it is important to note that since terrorism in general is an intentional crime, the intent of a terrorist or terrorist organization to use a foreign element is, in our view, mandatory. The most successful, in our opinion, is the definition of terrorism in the UK Anti-Terrorism Act of February 19, 2001: “Terrorism is actions taken for political, religious and ideological reasons or the threat of actions that are associated with violence against a person and danger to personal life, risk to public health or safety, damage to property, interference with or disruption of electronic systems and which is intended to influence the government or intimidate the public. This definition contains: the main motives for terrorist acts (political, religious and ideological), which makes it possible to avoid an excessively wide consolidation of the range of terrorist crimes; methods of committing terrorist acts (use of violence or the threat of its use); objects of terrorist actions (a person, his life, health and safety of the population, property, electronic systems); goals of terrorist actions (impact on the government, intimidation of the population). Such a well-coordinated system of defining terrorism, in our opinion, can be taken as a basis for defining international terrorism and further research. There is only one remark regarding the purpose in the definition: the purpose of influencing public authorities, since not in all countries the executive branch has such extensive powers as in England. In some part, international terrorism borders on the concept of "aggression". Thus, there is a point of view that "international terrorism can be defined as an act of violence or a campaign of violence carried out outside the recognized rules and procedures of international diplomacy and war." In our opinion, international terrorism is not aggression, but it is often used as a means of aggression by states. Moreover, aggressor states use international terrorism secretly, often officially even being on friendly terms with their opponent. If the subject of international terrorism is necessarily a terrorist - an individual or, more often, a terrorist organization, then states are necessarily the subjects of aggression. Thus, the UN Resolution of December 14, 1974 states that "aggression is the use of armed force by a state against the sovereignty, territorial integrity and political independence of another state or in any other way inconsistent with the UN Charter, as established in this definition". It is clear from the definition that international terrorism can be precisely the armed force that one state uses against another in aggression. For quite a long time, legal science and the legal practice of states have been trying to develop a uniform doctrinal understanding of the crime of international terrorism. The development of such an understanding of the essence of this crime is necessary to increase the effectiveness of the fight against it, in the suppression and elimination of which the entire international community is interested. Despite a significant number of universal and regional international treaties on the issues of combating international terrorism, the generally recognized concept of "international terrorism" based on strict criteria for identifying and systematizing events has not yet been developed. The term "international terrorism" is now firmly established both in scientific use and in journalism, in the statements of political figures, etc. However, despite the fact that practically all political negotiations include the question of countering international terrorism, there is no generally accepted interpretation of this concept. Many definitions of international terrorism are offered in the legal and other scientific literature. So, M.I. Lazarev believes that international terrorism is the use by certain individuals of violence associated with an international element in order to intimidate their opponents and force them to act or remain inactive in the direction necessary for terrorists. The international element means "any involvement of violence in a foreign state or the presence of goals or international means used in this". According to I.P. Safiullina defines international terrorism as the organization, facilitation, financing or encouragement of acts against another state or connivance in the commission of such acts that are directed against persons or property and which by their nature are intended to cause fear among statesmen, groups of persons or the population as a whole. to achieve the set political goals. E.G. Lyakhov believes that international terrorism is: ) illegal and deliberate commission by a person (group of persons) on the territory of the state of a violent act against foreign state or international bodies or institutions and (or) their personnel, means of international transport and communications, other foreign or international objects that are protected under international law; ) organized or encouraged by a foreign state on the territory of this state illegal and deliberate commission of violent acts by a person (group of persons) against national state bodies or public institutions, national, political and public figures, the population or other objects in order to change the state or social system, provocation international conflicts and wars. Considering terrorism as an international crime, I.I. Karpets gives the following definition: “Terrorism is an international or domestic, but international (that is, covering two or more states) organizational and other activities aimed at creating special organizations and groups to commit murders and attempted murders, inflict bodily harm, the use of violence and the capture of people as hostages for the purpose of obtaining a ransom, the forcible deprivation of a person of freedom, associated with mockery of a person, the use of torture, blackmail, etc.; terrorism may be accompanied by the destruction and looting of buildings, dwellings and other objects. As can be seen from the above quotation, such a definition of terrorism clearly does not fit into the framework of the modern understanding of international and even domestic terrorism, since it is based on a list of already existing independent crimes, the essential ultimatum feature of terrorism itself is not singled out, the distinction between "international" and " domestic but international in nature” terrorism. Like any phenomenon, terrorism can be classified by goals, by means of implementation, by level of generality, by region, and so on. V.P. Torukalo and A.M. Borodin cites the following classification of terrorism: “Firstly, terrorism can be divided into international and domestic (not going beyond one country). Secondly, terrorism is divided into non-state, which is the activity of various groups, and state, in which violence is aimed at intimidating the population in order to preserve the existing order. Thirdly, terrorism can be subdivided depending on the grouping's focus on ultra-left or ultra-right political terrorism, religious terrorism, and ethnic or nationalist terrorism. Fourth, terrorism can be subdivided, depending on the type of crime committed, into hostage-taking, hijacking, political assassinations, bombings, and other acts. In addition, in recent years, concern has been raised by the possibility of nuclear and chemical terrorism, that is, terrorism using nuclear or chemical weapons, as well as terrorism directed against nuclear or chemical facilities, as well as energy systems. And finally, terrorism carried out with the help of states that support international terrorism is singled out as an independent type of terrorism. From a local phenomenon, which terror was at the beginning of the 20th century, it has become global. The preparation of a terrorist act, the mechanism for its implementation, the amount of funding, the depth and degree of impact on society - everything has become more ambitious. This is facilitated by the globalization of the world economy, the development of communications, and the improvement of information technologies. Modern international terrorism is often presented as a special type of war: “This war ... will be a struggle between the haves and have-nots, between those communities and young generations who feel politically and economically disadvantaged on the one hand, and those who, benefiting from the existing status- quo, defends its traditions, principles and conveniences on the other... The tension that gives rise to terrorists in the countries of the "third world", and not only in the Middle East, is spurred on by the information revolution, which encourages the disadvantaged to increasingly rebel against their unequal position. In our opinion, international terrorism is terrorism with a foreign element, the legal consequences of which are the emergence of interstate relations over it, due to the fact that: ) the terrorist act is committed outside the state of which the terrorists are citizens; ) the terrorist act is directed against foreigners, internationally protected persons, their property and vehicles; ) the terrorist act is directed against international and foreign organizations; ) the preparation of a terrorist act is carried out in one state and carried out in another; ) having committed a terrorist act in one state, the terrorist takes refuge in another. For terrorism of an international nature, the individuals who committed it are liable under the national legislation of the country and on the basis of international agreements of the states whose interests are affected as a result of the commission of such a terrorist act. At present, it is relevant to attribute international terrorism to international crimes, and not to crimes of an international nature, due to the fact that it encroaches on the peace and security of mankind. International terrorism as a crime against peace and security is recognized by many researchers. Thus, international terrorism is an internationally wrongful act, which is violence or the threat of its use, infringing on fundamental international legal principles, the international legal order, committed against states, other subjects of international law, individuals and legal entities with the aim of coercing these subjects to perform certain actions or refrain from them. In order to recognize international terrorism as an international crime, it is necessary to adopt the General Convention for the Suppression of International Terrorism and introduce appropriate changes to the Rome Statute of the International Criminal Court. 2. Participation of the Republic of Kazakhstan in international cooperation in the fight against international terrorism 1 Significance of international treaties in the field of combating international terrorism On many issues of terrorism - both as a phenomenon and as an international crime - unity has been achieved, which is very important due to the danger that terrorism poses to human society. The modern system of multilateral cooperation in the fight against terrorism as a whole has developed mainly over the past half century under the auspices of the UN. It is based on thirteen universal conventions and protocols relating to the fight against various manifestations of terrorism: Convention on Offenses and Certain Other Acts Committed on Board Aircraft (Tokyo, September 14, 1963). Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (Montreal, 23 September 1971). Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (New York, December 14, 1973). Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementing the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (Montreal, February 24, 1988). Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (Rome, 10 March 1988). Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (Rome, 10 March 1988). Convention on the Marking of Plastic Explosives for the Purpose of Detection (Montreal, March 1, 1991). International Convention for the Suppression of the Financing of Terrorism (New York, December 9, 1999). International Convention for the Suppression of Acts of Nuclear Terrorism (New York, April 13, 2005). These multilateral agreements are direct legal acts regulating the fight against the international form of terrorism. These international legal acts do not apply if terrorism is committed within the limits and in violation of the interests of one state and does not give rise to international relations. Currently, the Republic of Kazakhstan has acceded to 12 out of 13 conventions and protocols related to terrorism. Accession to such kind of documents requires revision of the legislation of the Republic of Kazakhstan concerning the issue regulated in the international act, analysis of possible situations on this issue in case of joining the international act from the standpoint of the interests of Kazakhstan. Therefore, the process of accession to international conventions is carried out gradually, but still at a faster pace than in other post-Soviet states. Let's analyze the main norms of international agreements and conventions in the field of combating international terrorism, to which Kazakhstan has joined. Tokyo Convention on Offenses and Certain Other Acts Committed on Board Aircraft. The scope of this convention extends to: Criminal offenses; Other actions that actually or potentially threaten the safety of the aircraft or persons or property on board; In accordance with the provisions of the Convention, the aircraft commander has the right to apply to a person who has committed or is preparing to commit the above acts, “reasonable measures, including coercion”, necessary to protect the safety of the aircraft, or persons and property on it. At the same time, he has the right to apply with a request for assistance on this issue to other crew members or with a request for assistance to passengers. Article 10 of the Convention provides for a mechanism to protect those involved in the application of measures against such an intruder, as well as the owners of the aircraft in the event of legal proceedings caused by the appeal of the person against whom such measures were taken. The Convention (Article 11) for the first time enshrined the obligation of states to take all appropriate measures to restore or maintain control over an aircraft by its lawful commander in the event of unlawful, forcible interference by someone in exercising control over an aircraft in flight. According to the commented convention, its state-participants must allow the landing on their territory of any person suspected of committing or having committed violations under the Convention. In addition, the authorities of the State of landing are required to promptly investigate the circumstances of the case, to inform other States concerned of the results, as well as of their intention to exercise jurisdiction. The provisions of the Tokyo Convention were supplemented by subsequent agreements - the Hague Convention for the Suppression of Unlawful Seizure of Aircraft and the Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, which to a certain extent develop cooperation between states in the fight against crimes affecting the interests of more than one state . The states-participants of the Hague Convention undertook to apply harsh penalties to criminals committing the forcible seizure of this vessel on board a flying aircraft, or the forcible establishment of control over the vessel, as well as their accomplices. The Convention also applies if the perpetrator is in the territory of a state other than the state of registration of the aircraft. The principle of universal jurisdiction underlying the Convention obliges States parties to extradite criminals or try them. Many provisions of the Hague Convention were subsequently used for the relevant norms in other international agreements on combating international terrorism, for example, provisions relating to the suppression of the actions of criminals, information exchange, mutual criminal procedure assistance, etc. The Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation criminalizes the following acts: an act of violence against a person on board an aircraft in flight if such an act is likely to endanger the safety of that aircraft; destruction of an aircraft in service, or causing damage to this aircraft, which puts it out of action and may threaten its safety in flight; placement or actions leading to the placement on an aircraft in operation of a device or substance that can destroy it or cause damage to it, threatening, among other things, its safety in flight; destruction or damage of air navigation equipment or interference with its operation, if such an act may endanger flight safety; communication of deliberately false information that poses a threat to the safety of an aircraft in flight. An attempt to commit any of these actions or complicity in their commission is also equated to a crime. States parties to the Convention undertake to apply severe penalties to perpetrators of such crimes. The Convention provides for ensuring the inevitability of punishment. To this end, it establishes universal jurisdiction and obliges the participating States to either extradite the offender or hand him over to the competent authorities for the purposes of criminal prosecution. Both of these conventions, complementing each other, constitute the international legal basis for the interaction of states in order to prevent the commission of crimes in the field of international civil aviation, as well as the inevitability of punishment if such a crime is nevertheless committed. However, the formation of the legal basis for cooperation in this area was completed only in 1988 with the adoption of the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, which supplemented the Montreal Convention of 1971. Thus, the foundations for international legal cooperation of various countries to protect airports from international terrorist attacks. The offenses referred to must be subject to the jurisdiction of a State party to the Montreal Convention when the offender is in its territory and it does not extradite him. These documents are intended to ensure the cooperation of various countries in such a way and in such forms as to guarantee the safety of one of the fastest means of transport used in international traffic from terrorist attacks. 2.2 Cooperation of the Republic of Kazakhstan with international organizations on combating international terrorism The Republic of Kazakhstan takes an active part in international organizations. The development of the foreign policy activity of the Republic of Kazakhstan at the international level within the framework of international organizations began in 1992, when Kazakhstan joined the UN. This organization was rightly considered not only as a center for coordinating joint actions of states, but also as an important source of knowledge in the matter of modernization and state building. The cooperation of the UN with its partners in the maintenance of international peace and security is governed by the clearly defined provisions of Chapter VIII of the UN Charter. The main responsibility for this lies with the UN Security Council. It is he who must authorize any action to ensure peace, including those undertaken by regional mechanisms. The UN and its specialized agencies in the humanitarian and socio-economic sectors are called upon to play a leading coordinating role in eradicating the breeding ground for conflicts, their prevention, and post-conflict reconstruction. The global system of countering terrorism itself should be based on a solid foundation of international law with the UN coordinating role, taking into account the powers and main responsibility of its Security Council in the field of maintaining international peace and security. The key role of the UN in the fight against terrorism is determined by many factors: the very position of the UN and its authority, known for its accumulated experience, including in the fight against terrorism. It is possible to increase the effectiveness of the fight against international terrorism only if, through the UN system, the common political will and unity of approaches to the problem of all states of the world are preserved. A phenomenon of recent years is the activity of the UN Security Council in confronting the terrorist threat. Resolution 1269, in fact, opened a new page in the history of the UN Security Council, became the prologue of its systemic work to counter the terrorist threat. The major milestones along this path are resolutions 1373 (2001) and 1566 (2004). The first of them will go down in history, if only because it qualified acts of terrorism as a threat to international peace and security and thereby transferred anti-terrorist cooperation under Chapter VII of the UN Charter, binding on all states. The involvement of the Security Council in anti-terrorism has strengthened the role of the UN as a whole in this area. With the establishment by the Council of the Counter-Terrorism Committee (CTC), a mechanism for global monitoring of compliance by UN member states with obligations under the 12 basic anti-terrorist conventions has been created. Other monitoring mechanisms of the Security Council in the antiterrorist direction are also being formed. For example, the Committee, acting on the basis of Security Council Resolution 1267, is responsible for enforcing the sanctions regime based on the list it draws up of members of Al-Qaeda and the Taliban, as well as individuals and legal entities involved in their activities, and other structures. The main task of the Committee, established by resolution 1540, is to prevent weapons of mass destruction from falling into the hands of so-called non-state actors, primarily terrorists and other criminal elements. The anti-terrorist resolutions of the Security Council, the activities of the CTC and its other monitoring mechanisms have largely contributed to the improvement of the convention norms and their implementation by the majority of states. This was especially evident in the area of combating the financing of terrorism, where, in cooperation with the FAFT and the Group of Counter-Terrorism Actions, functioning under the auspices of the G8, it was possible to build on the basic parameters of the relevant 1999 UN convention and form a viable international system for suppressing the financial support of terrorism. Under the auspices of the CTC, in cooperation with the relevant structures of the G8, regional organizations (primarily such as the OSCE, the CIS, the OAS, the EU, the Council of Europe), a new direction has taken shape - assisting countries in need in building up their anti-terrorist potential, pulling those who are lagging behind into high orbits interaction in the fight against terrorism, the main parameters of which are set by the antiterrorist coalition of states. The Republic of Kazakhstan is actively interacting with other countries within the framework of the UN. Through the submission of national reports to the Counter-Terrorism Committee of the UN Security Council on the anti-terrorist activities carried out in Kazakhstan in the framework of the implementation of UN Security Council Resolution No. 1373 (2001), information is exchanged on the conduct of the fight against terrorism in other states. In accordance with the Decree of the Government of the Republic of Kazakhstan "On Measures to Implement UN Security Council Resolution No. 1373 dated September 28, 2001" dated December 15, 2001 No. 1644, state bodies of the Republic of Kazakhstan were instructed to take the necessary measures to counter and prevent terrorism. After the adoption of this resolution and taking into account many provisions of the Guidelines of the UN Security Council Committee on Combating Terrorism, the Law “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Combating Terrorism” was adopted, including the Law “On Combating Terrorism” » and the Criminal Code, which provide for increased liability and punishment for the creation, leadership and participation in terrorist organizations. The UN Security Council annually provides the Republic of Kazakhstan with lists of international terrorist organizations, international terrorists and data on individuals and legal entities through whose accounts in second-tier banks financing of international terrorism can be carried out. In turn, the Permanent Representative of Kazakhstan to the UN in the annual report to the Counter-Terrorism Committee of the UN Security Council reports on the results of verification of the submitted lists. Kazakhstan also takes a proactive position in relation to the UN, calling on the organization to take more active steps in the fight against international terrorism. This is especially necessary in the terrorist hotspots of Central Asia, where the UN is not in key positions. We adhere to the opinion of M.S. Ashimbaev, who believes "that in the next 5-6 years the role of the UN and other international organizations providing security will be somewhat revised." The Republic of Kazakhstan often represents in the UN the interests of such regional organizations as the Collective Security Treaty Organization, the SCO, the CIS, making presentations in the field of combating international terrorism and security in Central Asia at meetings and general debates of the UN Security Council on this issue. In such speeches, the Republic of Kazakhstan often assumes responsibility for supporting by a regional organization certain actions of the Counter-Terrorism Committee of the UN Security Council, makes proposals in the field of combating terrorism on behalf of regional organizations. Subsequently, the Republic of Kazakhstan pursues an appropriate policy in regional organizations in order to implement the recommendations of the UN Security Council entrusted to Kazakhstan at such meetings. The NCBI of the RK is a kind of “connecting” mechanism and body of this organization in a country that is a member of Interpol, since the establishment of the organization itself and its full development, in practice proves that it is a necessary element of the entire Interpol system, its integral part. After all, it is through its National Bureau that any Interpol member state can “connect” law enforcement agencies directly with the General Secretariat of the organization in terms of exchanging the necessary information, as well as with law enforcement agencies and national bureaus of other Interpol member countries. Thus, the national bureau of Interpol provides national law enforcement and police agencies with a real opportunity to actively cooperate in the common cause of combating transnational crime. Established in 1993, the NCBI of the Republic of Kazakhstan (NCBI RK) in fact proves that it is a necessary element in the national system of law enforcement agencies of the republic and its role in the fight against crime is very large. It can be said with confidence that the accession of the Republic of Kazakhstan to Interpol and the creation of the NCBI of the Republic of Kazakhstan allowed our republic to carry out the bulk of cooperation and interaction between the law enforcement agencies of Kazakhstan and foreign colleagues within this authoritative international organization. There was a real opportunity to send requests through the Bureau, to establish the location of certain persons, to receive copies of various necessary documents, etc. To date, the National Central Bureau of Interpol in the Republic of Kazakhstan maintains business contacts with law enforcement agencies of 47 states, trying to increase the efficiency of its work through mutually beneficial exchange. The NCBI of the Republic of Kazakhstan, being a structural subdivision of the Ministry of Internal Affairs of the Republic of Kazakhstan, is designed to ensure international interaction of departments of the bodies of the Ministry of Internal Affairs with similar bodies of the Interpol member states in the fight against crime, in compliance with national legislation, norms and principles of international law and generally accepted human rights and freedoms. In general, the NCBI in the Republic of Kazakhstan is guided in its activities by the laws and other regulatory legal acts of the Republic of Kazakhstan, international treaties to which Kazakhstan is a party, the Charter and other regulatory acts of the Ministry of Internal Affairs of the Republic of Kazakhstan and the Regulations on the National Central Bureau of Interpol in the Republic of Kazakhstan. An analysis of the terrorist acts committed in recent years indicates the trends of active politicization. It is impossible not to notice the fact that today, due to the adoption of incorrect managerial, and sometimes political decisions on socio-economic and other issues directly related to the life of a state, there is a process of "merger" of terrorists, carried out under the slogan of national liberation. movement for political purposes. If earlier political terrorists were in no way classified as criminals, today political terrorism is completely merged with criminality. The practice of the work of the CIS countries (including Kazakhstan) with the states that are members of the Interpol system has shown that universal and regional agreements in themselves do not provide a comprehensive and effective fight against international crime. One of the main reasons for this situation is the absence in the legal systems of states of uniform norms for the prevention and suppression of organized transnational crime. The main means of their implementation are international treaties. Here we are talking about the unification of the legal systems of the states that are part of the single system of Interpol, on the issues of combating international crime. Priority in the OSCE is given to cooperation with Kazakhstan. The Republic of Kazakhstan has been a member of the OSCE since January 1992. Joining this organization was caused by the desire of Kazakhstan to actively participate in pan-European processes that allow developing and putting into practice the principles laid down in the Helsinki Final Act of 1975 and other documents of the organization. In January 1999, the OSCE Center was opened in Almaty. NATO can play the most important role in ensuring the strategy of combating international terrorism, but not only as a shock military force, but taking into account the currently updated strategy of the North Atlantic Alliance, with the likely creation of the so-called "specialized anti-terrorist capabilities" of the alliance. The development of interstate cooperation will be facilitated by the creation within the Bureau for Coordinating the Fight against Organized Crime and Other Dangerous Types of Crime on the Territory of the Member States of the Commonwealth of Independent States of a structural unit for coordinating the fight against illicit trafficking in drugs and precursors and its regional operational group in the Central Asian region. CONCLUSION In conclusion, here are the conclusions and suggestions on the topic of the work: The study made it possible to formulate a definition of international terrorism from the standpoint of international law: International terrorism is an internationally wrongful act, which is violence or a threat of its use, infringing on fundamental international legal principles, international legal order, committed against states, other subjects of international law, individuals and legal entities in order to compel these subjects to perform certain actions or refrain from them. The International Terrorist Association is a stable and cohesive organization that exists in various forms (groups, gangs and formations), openly or secretly created for the purpose of carrying out international terrorist activities, having structural subdivisions on the territory of several countries, a hierarchy of subordination and financing of targets. In order to improve the fight against international terrorist organizations, create a system of international data banks on financial organizations, their clients and on the global system of control over the movement of funds. Any humiliation of Islam, even militant, leads to an even greater increase in its supporters. The results of our study showed that the less the media spreads about Islam in a particular terrorist act, the more people notice the real goals of the terrorists. It is necessary to support the religion of Islam where it exists, to propagate true non-belligerent Islam, to explain its true canons, to monitor the quality of training of spiritual servants in institutes and seminaries at the level of the ministries of education and culture. The KNB, the Ministry of Internal Affairs, the Ministry of Foreign Affairs and the Prosecutor General's Office do not actually use foreign experience in the fight against international terrorism. It is necessary to more actively adapt information on world experience in combating international terrorism within the framework of the data bank created under the KNB, the Ministry of Foreign Affairs, the Ministry of Internal Affairs and the Prosecutor General's Office to the conditions of Kazakhstan, paying special attention to foreign experience in the legislative and practical prevention of international terrorism. In order to strengthen the fight against terrorism, it is proposed to expand the obligation of citizens of the Republic of Kazakhstan to report information about a terrorist act not only to the competent authorities, but also to any other state bodies. This will ensure the promptness of the report and avoid any confusion on the part of the reporter about the definition of the bodies directly involved in the fight against terrorism. In cases where an ultimatum is put forward by terrorists, the proposal to terrorists to negotiate should be mandatory, and not permissible, in order to preserve the life and health of people, material values, and also to study the possibility of suppressing a terrorist act. In addition, it seems doubtful to eliminate terrorists without negotiations and warning when a clear threat to material values is detected. In this case, due to the fact that material objects are not the highest value in the state, a warning, in our opinion, is at least necessary. In order to provide material support for the fight against terrorism, it is necessary to create a Specialized Center for identifying and blocking sources of financing for terrorist organizations, including international ones, like the Financial Security Committee under the Ministry of Economy and Finance in Italy or the Terrorist Assets Tracking Center under the US Treasury Department. Under the Center, it is necessary to create the Kazakhstan State Fund for Combating Terrorism and Extremism and send to this fund the funds confiscated under articles falling under terrorist and extremist. The Fund's resources should be directed to the fight against terrorism and extremism. The CIS has not yet developed an effective antiterrorist legal framework. The international legal regulation of the fight against terrorism within the framework of the CIS is designed to develop procedural ways to implement responsibility for this crime. This task is currently being solved mainly within the framework of the national legislation of the Commonwealth states, which also limits the legal possibilities of fighting within the CIS as a whole. The legal regulation of anti-terrorist cooperation among the Commonwealth states has not created the prerequisites for the complete transformation of its declarative and advisory nature into a concrete resolution; a common system for preventing and combating terrorism has not been created on the territory of the Commonwealth countries; an effective mechanism for the implementation and control of the implementation of contractual documents and collective decisions has not been established. LIST OF USED SOURCES 1 Nazarbaev N.A. Critical decade. - Almaty: Atamura, 2003. - P.35. Zhilin Yu. Globalization in the context of the development of modern civilization Free Thought - XXI. - 2002. - No. 4. - C.5. Kostenko NI Theoretical problems of formation and development of international criminal justice. - Dis. ... doc. legal Sciences. - M, 2002. - 406 p. Report of the Special Committee on the Question of the Definition of Aggression 31 January-3 March 1972 (A/8719). // Sat. 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