Coyote, et al,
When investigating a crime, all the basic interrogatives are important. But your instinct is somewhat correct; maybe not the first or main concern.
And the exact same event can be evaluated differently depending upon the vantage of the jurisdiction. And, the scope and nature of terrorism events is constantly evolving; and growing --- and now includes cyber-terrorism and financial terrorism.
"International Terrorism" means activities with the following three characteristics:
- Involve violent acts or acts dangerous to human life that violates International Humanitarian, Customary or Criminal Law;
- Appear to be intended to:
- (i) to intimidate or coerce a civilian population;
- (ii) to influence the policy of a government by intimidation or coercion; or
- (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
- Occurs primarily transcending international boundaries;
"Terrorist acts" mean intentional acts which, given their nature or context, may seriously damage a country or international organization and which are defined as an offense under national law. These include:
• Attacks upon a person's life which may cause death;
• Attacks upon the physical integrity of a person;
• Kidnapping or hostage taking;
• Causing extensive destruction to a Government or public facility, a transport system, an infrastructure facility; • seizure of aircraft, ships or other means of public or goods transport;
• Manufacture, possession, acquisition, transport, supply or use of weapons, explosives, or of nuclear, biological or chemical weapons,
• Participating in the activities of a terrorist group, including by supplying information or material resources, or by funding its activities in any way, with knowledge of the fact that such participation will contribute to the criminal activities of the group.
In order for these acts to constitute terrorist acts, they must be carried out with the aim of seriously intimidating a population, or unduly compelling a Government or an international organization to perform or abstain from performing any act, or seriously destabilizing or destroying the fundamental political, constitutional, economic or social structures of a country or an international organization.
The generally accepted (totally independent) laws or criteria pertaining to threats to international peace and security
caused by terrorist acts are found in the
UN Security Council List of Resolutions. In this regard the conduct of activities prohibited by the Security Council is a
prima facie case for terrorism by a terrorist.
It seems to me that the main distinction made between "freedom fighters" and "terrorists" is the choice of targets. I don't agree with targeting civilians especially children.
(COMMENT)
Most terrorist organization of an international complexion, identify or associate themselves with the cover of a nationalist for democracy or freedom fighting against a major power. However, "freedom fighters" do not have a depraved indifference to human life and their operations and actions are:
- Not directed against the helpless or infirm.
- Not directed against persons not a member of the opposing force.
- Not directed against civilians IAW Article 50 of Additional Protocol I.
- Not “utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations.” Rule 97 Customary Law
But this is clearly targeting military members - security forces. In that - what is the difference between what the Palestinians are doing and what the Israeli's did?
(COMMENT)
Security Forces is too broad a term. For instance "Police Officers" (Law Enforcement Officers) are generally considered "civilians." However, the use of military forces to perform defense and security functions is a "military" activity. But again,
Article 68 of the Geneva Convention comes into play.
Palestinians who commit an offense which is solely intended to harm the Occupying Power, or involves espionage, of serious acts of sabotage against the military installations of the Occupying Power or of intentional offenses which have caused the death of one or more persons, is punishable under
Article 68 of the Fourth Geneva Convention (IHL).
A good investigation tries to assess each event on it own merit (case-by-case). In fact, it would be a rare case in the History of Man when a belligerent action that has lasted 70 years, did not include questionable activity by each of the parties to the conflict.
Most Respectfully,
R