- One of the biggest problem today which os being faced by the entire
humanity is the problem of terrorism has become much more profound since
- One big perennial problem which is being faced by the International
community, is the lack of definition of terrorism under International Law.
- Further another problem which arises is the fact that many countries do
not have any definition of terrorism or they themselves use terrorism either
directly or through not State actors.
- Even though there is no globally accepted definition of terrorism, yet
International Law experts have categorically pointed out that, "TERRORISM is
defined as a blatent use of force, by either a State or a non-state actor, to
achieve either political, economic even religious or any other extremist goal."
- Legal international law experts have therefore pointed out that, the use
of force or even threatening use of force, by countries or non-state actors
is illegal under International Law.
Forms Of Terrorism
Even though there is no commonly accepted
definition of terrorism, yet with the changing times and circumstances many new
forms of terrorism have been taking shape, which are as follows:State Sponsered Terrorism
- State sponsored terrorism refers to a form of terrorism, under which,
the State directly or indirectly promotes terrorism, either overtly or
covertly/secretly or through the use of non-state actors.
- Many International Law experts are of the opinion that State sponsored
terrorism is one of the oldest forms of terrorism and has been used since
times immorial by many countries.
- A perfect example of a country, which is accused of promoting state
sponsored terrorism is IRAN, which has often used its most alite Army unit, known as the
revolutionary guards, to spread terror both inside and outside Iran.
- It has also been stated that, Iran has also used a banned terrorist organisation called the Hezbollah for targeting both individuals and countries
which are seems to be anti-Iran.
- It has also been alleged that Hezbollah is often used as a hit square by
the Iranian Government to kill opponents and important leaders outside Iran.
- It is also alleged that Hezbollah is directly aided, funded and trendy
by the revolutionary guards.
- Hezbollah is therefore a banned terrorist organization in many countries
of middle east and of the European Union.
- Since 1948, the State of ISRAEL has often used its secret services and
military organizations to carry out covert and illegal operations throughout
- These agencies are as follows:
- Mossad (Israeli Secret Service)
- Shin Bet
- Sayeret Matkal
- A classical example of such an Israeli covet operation was the capture
and subsequent trial of Adolf Eichmann, a Nazi War criminal from Boenos Aires,
Argentina in 1960.
- Another classical example was the "Operation of Spring of Youth" and
"Operation Wrath of God" , which was planned and executed by various
agencies and departments of the Israeli Government in response to the Munich
Massacre of 1972.
- Another classical example of the investment of Mossas in carrying out covert
operations is "Operation Entebbe" in 1976.
- The Israeli Government is also accused of State sponsored terrorism in
- The Iranian Govt. has routinely claimed that top Iranian nuclear
scientists, working at the Bushehr Nuclear Weapon Program, near Tehran in Iran are routinely
killed or kidnapped by the Mossad.
- IMP - The Iranian Govt. has also alleged that, the senior most commander
of the revolutionary guard Qasim Suleimani, who was assigned near the Bagdat airport in
March 2020 was jointly killed in a military operation by the CIA (Central
Intelligence Agency, America) & Mossad.
- Iran has also accused Israel of using the Jundallah, Abu Nidal & Abu Youssef
terrorist organization who are Pro Sunnis to attack and assationate Shia leaders
Pakistan & State Sponsored Terrorism
- Since 1948, Pakistan has been accused of sponsoring terrorism and state
sponsored terrorism and it is alleged that the Pakistan is allegedly a safe
heaven for the following organization.
- Jaish e-Mohammad
- Lashkar e-Taiba
- Tehreek e-Taliban e-Pakistan
- Lashkar-e-Jhangi- E- Punjabi
- It is alleged that most of these groups are trained and are taught in
the Madrassas of Lahore, Peshawar, Quetta & Multan.
- People of these groups are termed as Lashkars or Mujhaddin, who are also known
as freedom fighter under Islam.
- It is also alleged that many of these organizations received arms,
ammunition, weapons & training from the Pakistani secret service, the ISI (Inter Service
Intelligence), for supporting radical elements in Kashmir & suppressing the
freedom movement of the Balochis in Pakistan.
- Since 1980, it is alleged the Pakistani Govt. has been running extensive
covert operations in Afghanistan, first to help the Afghan Mujahideen & then the
Taliban from 1996.
- Further, since the 1980s to prominent & draded terrorist groups have been
operating in Afghanistan & Pakistan with the help of the ISI namely Gulabadden
Hekmatiyar, Jalaluddin Haqqani.
- It is also alleged that the Pakistani Govt. also ran a covet Nuclear
Weapons Program, under the leadership of Abdul Quadir Khan, so as to spread nuclear
terrorism throughout the world.
Pakistan & Balochistan
- Balochistan is the largest province of Pakistan & controls most of the oil &
natural gas resources in Pakistan.
- However, the people of Balochistan, the Balochi have been fighting for a
separate homeland called Balochistan since 1948.
- The Balochi have always contended that they have a distinct identity, culture
& even religious practices and that they were captured by Pakistan by force in
- Since the 1970s, a Balochi rebel group & the Baloch liberation Army under
Akbar Khan Bugti have been fighting against the Sunni dominated Pakistani Govt.
- The Pakistani Govt alleged that it is the Indian secret service RAW which arms
& finances the Balouch rebels in Balochistan.
India & Terrorism
Pakistan & Proxy War against India
- According to a lot of Indian jurists, Indian has been one of the biggest
victims of terrorism & has specifically been facing the problems of
terrorism since 1989.
India & Balochistan - Allegations by Pakistan
- Indian legal experts as specifically pointed out towards the fact that
1989 the Pakistani establishment has been running a full scale proxy war in
the Kashmir Valley through the help of non state actors, who have been
specifically trained in the terrorist camp, in Pak-Occupied Kashmir (PoK), allegedly by the
Pakistani Secret service, the ISI (Inter Service Intelligence), along with the
support of the Pakistani Army the Govt. & the Pakistani deep state.
- The Indian Govt. has also accused the Pakistani Govt. of coming of with
a false narrative & story about Kashmir in order to win the support of the
- The Indian Govt. has also alleged that the Pakistani Govt. has always
been supporting pro Pakistani elements in India, including the Khalistani
movement in Punjab in 1980s, & banned terrorist organizations, operating in
- Since 1989, the ISI has been financing the army, aiding & abetting these
non-state actors in every way possible.
- Even in the Kargil war of 1999, it was alleged that these non-state actors had
been helped by the Pakistani Govt. & that, the Pakistani army has used these
agencies to fight a proxy war in the Kashmir Valley against the Indian forces.
- The Pakistani establishment since the 1970s has accused the Indian
Govt., of supporting insurgency & Bolouch rebels, within Balochistan.
- The Pakistani Army has alleged that, the Indian forces have been
constantly targeting Pakistani Army convoice in Balochistan, destroying Pakistani oil
fields & running a low scale proxy war, against the Pakistani Govt.
- Both the countries have stated that the other one is the biggest
exporter of State sponsored terrorism.
- However, on 12th January, 2022, ironically the Sindh High Court categorically
started that the Pakistani Army is the biggest Bully, land grabber (illogically
occupying land) and institution of terrorism in Pakistan.
- IMP- This decision is in line with an earlier judgement of the Lahore High
Changing Dynamic Of State Responsibility & The Doctrine Of Non-Intervention In 2020-21
- The entire dynamics of International relations & politics in 2020 & 2021
has undergone a tremendous change, only because of the fact that seems the
outbreak of the COVID-19 Pandemic, the entire dilitics & dynamics of International Law,
policy & relations has undergone a tremendous change.
- Countries are being asked to behave in such a way, which will not harm
the territorial sovereignty & integrity of another State.
- Further, States are asked not to allow their territory to be used for
any harmful activity or illegal act which may hamper the rights of another
- In this regard, China has heavily been criticized since 2020 on the
grounds that - by not disclosing critical information. It has blatantly
violated the territorial sovereignty & integrity of a host of States.
- Leading International Law experts had also pointed out the fact that
China was the epicenter of the COVID-19 Pandemic, & that it did not comply
with International agencies, including the UN & WHO while cooperating during
the COVID-19 Pandemic.
- The Chinese administration was also accused of helping rogue regimes in
Africa and Myanmar in coming to power and even legitimacy which is a clear
contravention and violation of Article-2(4) of the UN Charter.
- There is a legal maxim called "sic utere tuo ut alienum non legus", which
means use your property in such a way, so as not to harm the property or rise of
- Further, the Chinese Govt. also forced other countries to purchase
faulty medicines & kits from China which later turned out to be a complete
loss for all the country.
- In this regard China had willfully neglected its duty of acting in a way
of not cooperating with international agencies or countries to redress the
- China had also openly killed the Rohingya Muslims and was interfering with the
efforts of International agencies of knowing about the status of the Rohingya
- China had also violated the substantiative provisions of the Genocide
convebtions and had allowed its territory ti be used for International crime
including genocide and war crimes which are illegal under the genocide
State Responsibility & Pakistan During Covid 19 Pandemic
- During the covid 19 pandemic, the deep state of Pakistan was also responsible
for running extensive covert operations to support the Afghan Taliban and
Pakistan Taliban, especially considering the fact from 2002 to 2014, the
Pakistani Government had blocked and banned the Taliban government and had
helped the US coalition courses to come to power and install a puppet regime in
- Further from march to august 2021, the Pakistani secret service called ISI,
specialized units of the Pakistani army northern light infantry regiment had
covertly supported the Taliban under Mulla Mohammad Biradar and Haibatullah
Akhundzada to come to power in Pakistan in Afghanistan by our throwing them
legitimately elected government of Mohammad Ashraf Ghani.
- The Pakistani role in supporting the Taliban also becomes much more
clear because the Pakistani administration was one of the first regimes to
recognize the Taliban Government
- Further the role of the Pakistani administration became much more clear
When the Prime minister of Pakistan Imran Khan calls the Taliban terrorist freedom
fighters and appeal to the international community to recognize the Talibani
- It has also been alleged that the Taliban administration routinely
receives support from madrassas and the Pakistani army, not western command in Peshawar.
- Further the prime minister of Pakistan Imran Khan had himself agreed that
forty thousand freedom fighters or Mujahidin, who were unfortunately designated
as terrorists by the international community are living in Pakistan.
- Pakistan is under the obligation of respecting the territorial
sovereignty and integrity of other states and not allowing its territory to
be used for illegal or covert activities against other countries.
- In 2001, the united nation had come out with a law called ILC, Draft articles
on state responsibility under which it is expressly prohibited for the state to
undertake any action which may violate the substantive right of other states.
- In this regard, it can be presumed beyond reasonable doubt that
Pakistanis have also violated the Substantive provision of ILC Draft articles.
- Further Pakistan during the covid 19 Pandemic has also violated art 2(4) of UN
Charter, by running extensive covert operations throughout, south Asia, and
especially in Afghanistan.
- Pakistan has also violated the legal maxim "sic utere tuo ut alienum non
leads" its territory and resources to be used for illegal activities under the
paradise of international law.
Place & Position Of Individual
- According to an international law expert in the 19th-century, public
international law did not bind the conduct of individuals but was rather
concerned with the conduct of countries
- Certain other legal experts including Bentham, and Kelson were of the opinion
that because International law is not a law only, it does not bind prime facie
conduct of individual
- This position continued until the 2nd World war
- After the 2nd WW international humanitarian law developed and a series
of laws and conventions were signed including the Geneva convention and UDHR and it's
two additional protocols
- Further development of international criminal law very clearly pointed
out a fact that individuals can be tried for a specific crime, genocide, war
crimes, crimes against humanity, and crime of aggression.
- The development is clear-cut proof that individuals now have a special
place under Public International law and specific law (IHC) and (ICC) seeks to protect
the rights of individuals under the domain of Public International law.
Decision Of ICJ V. The Position Of Nationals
Judgment of nottebohm case:
- The ICJ in a very famous case called Nottebhom's case involving Liechtenstein
and Guatemala in 1951 categorically stated that the state may take up the cause
of individuals and their substantive rights are violated under International
- And on this ground India had also filed a case against Pakistan in ICJ on the
Issue of Kulbhushan Jadhav.
Written By: Shashwata Sahu, Advocate
- Nottebohm's case (Liechtenstein v. Guatemala)
- Nottebohm (P), was born in Germany in 1881, lived in Guatemala (D) for 34
years, retaining his German citizenship and family and business ties with it. He
however applied for Liechtenstein (P) citizenship (in 1939) a month after the
outbreak of World War II. Nottebohm (P) had no ties with Liechtenstein but
intended to remain in Guatemala. The naturalization application was approved by
Liechtenstein and impliedly waived its three-year. After this approval,
Nottebohm (P) traveled to Liechtenstein and upon his return to Guatemala (D), he
was refused entry because he was deemed to be a German citizen. His
Liechtenstein citizenship was not honored.
- Liechtenstein (P) thereby filed a suit before the International Court to
compel Guatemala (D) to recognize him as one of its nationals. Guatemala (D)
challenged the validity of Nottebohm's (P) citizenship, the right of
Liechtenstein (P) to bring the action, and alleged its belief that Nottebohm (P)
remained a German national.
- ICJ held that nationality was a legal manifestation of the link between person
and state granting nationality and recognition that person was more closely
connected with that state than with any other state
- The court agreed with Guatemala and held that claims by Lichtenstein
were inadmissible. Although the Court stated that it is the sovereign right
of all states to determine its citizens and criteria for becoming one in
municipal law, such a process would have to be scrutinized on the
international plain in questions of diplomatic protection.
- The Court upheld the principle of effective nationality, where the
nation must prove a meaningful connection to the state in question. This
principle was previously applied only in cases of dual nationality to
determine which nationality should be used in a given case. However, Nottebohm had forfeited his
German nationality and thus only had the nationality of Liechtenstein.
, LL.M., KIIT School of Law