free law journal - volume 3, number 1 (18 january 2007)

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FREE LAW JOURNAL - VOLUME 3, NUMBER 1 (18 JANUARY 2007)violence. But acts of terrorism are acts of violence. Therefore,situations of disturbance are marked by acts of terrorism.Article VI:Some terrorism, be it individual or collective, is disturbance.Comments:According to ICRC, situations of internal disturbances involvesituations in which there exists not a non-international armedconflict as such, but a confrontation within the country,characterized by a certain seriousness or duration and whichinvolves acts of violence. These latter can assume variousforms, from the spontaneous generation of acts of revolt allthe way to the struggle between more or less organized groupsand the authorities in power. In these situations, which donot necessarily degenerate into open struggle, the authoritiesin power call upon extensive police forces, or even armedforces, to restore internal order. See International Committeeof the Red Cross, Conference of Government Experts on theReaffirmation and Development of InternationalHumanitarian Law Applicable in Armed Conflicts (Geneva, 24May-12 June 1971, Vol. V, “Protection of Victims of Non-International Armed Conflicts”, p. 79. Under disturbances allacts of violence short of armed conflicts may be included, e.g.,“riots,” “violent strikes,” and protests.Article VII:Some terrorism, be it individual or collective, is armed conflict. 5Article VIII:All individual or group terrorism is a method of warfare when it isconsidered at armed conflict level.Article IX:5 E.g., indiscriminate bombardment.66DR. ANWAR FRANGI - A PROPOSAL OF A UNIFORM CODE FORPOLITICAL CRIMES AND TERRORISM
FREE LAW JOURNAL - VOLUME 3, NUMBER 1 (18 JANUARY 2007)No terrorism is a type of conflict. 6Notwithstanding the previous provision, terrorism is disturbancewhen it is characterized by certain duration. 7Article X:All individual political offence, if violent, is terrorism.Comments:An individual political offense is deemed “tension,”notwithstanding the fact that it may degenerate into “disturbance”or even an “armed conflict.”Article XI:At the opposite ends of the conflict spectrum, political offence orterrorism, be it individual or collective, can be committed in timeof peace or in time of war.Comments:1. Tension and international armed conflicts are at oppositeends of the conflict spectrum, the former being the lowest, thelatter the highest, in intensity.2. Acts of violence are not required at tension level. Now,political crimes can be violent or non-violent, whereasterrorism involves only violent acts. Therefore, politicalcrimes to the contrary of terrorism can be qualified as“tension.”3. Although it is conceivable that political crimes would becarried out at international level in time of war, it isinconceivable that they would be carried out at internationallevel in time of peace. Terrorism, however, can be performedat international level in time of peace and in time of war.6 Since acts of terrorism are only recognized as a method of warfare.7 See Comments to Article VI67DR. ANWAR FRANGI - A PROPOSAL OF A UNIFORM CODE FORPOLITICAL CRIMES AND TERRORISM
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