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Write analytical essays on the following topic and support your answer with examples

Economics Nov 21, 2020

Write analytical essays on the following topic and support your answer with examples. The worldwide campaign against terrorism has too often become an excuse for governments to repress opposition groups and disregard international law and withiberties. A good example of this is Governments resorting to international private military companies like Blackwater to counter internal terrorison. Based on the above statement, how do you see global peace in the future with the domination of the realists and the absence of the other I theories?

Expert Solution

The General Assembly is currently working towards the adoption of a
comprehensive convention against terrorism, which would complement
the existing sectoral anti-terrorism conventions. Its draft article 2 contains
a definition of terrorism which includes “unlawfully and intentionally”
causing, attempting or threatening to cause: “(a) death or serious bodily
injury to any person; or (b) serious damage to public or private property,
including a place of public use, a State or government facility, a public
transportation system, an infrastructure facility or the environment; or
(c) damage to property, places, facilities, or systems…, resulting or likely
to result in major economic loss, when the purpose of the conduct,
by its nature or context, is to intimidate a population, or to compel a
Government or an international organization to do or abstain from doing
any act.” The draft article further defines as an offence participating
as an accomplice, organizing or directing others, or contributing to the
commission of such offences by a group of persons acting with a common
purpose. While Member States have agreed on many provisions of the draft
comprehensive convention, diverging views on whether or not national
liberation movements should be excluded from its scope of application
have impeded consensus on the adoption of the full text.

Terrorism aims at the very destruction of human rights, democracy and the
rule of law. It attacks the values that lie at the heart of the Charter of the
United Nations and other international instruments: respect for human
rights; the rule of law; rules governing armed conflict and the protection
of civilians; tolerance among peoples and nations; and the peaceful
resolution of conflict.
Terrorism has a direct impact on the enjoyment of a number of human
rights, in particular the rights to life, liberty and physical integrity. Terrorist
acts can destabilize Governments, undermine civil society, jeopardize
peace and security, threaten social and economic development, and may
especially negatively affect certain groups. All of these have a direct impac
on the enjoyment of fundamental human rights.

International humanitarian law contains a set of rules on the protection
of persons in “armed conflict”, as that term is understood in the relevant
treaties, as well as on the conduct of hostilities. These rules are reflected
in a number of treaties, including the four Geneva Conventions and their
two Additional Protocols, as well as a number of other international
instruments aimed at reducing human suffering in armed conflict. Many
of their provisions are now also recognized as customary international
law.15

The International Court of Justice has also affirmed the applicability of the
Covenant during armed conflicts, stating that “the right not arbitrarily to
be deprived of one’s life applies also in hostilities. The test of what is an
arbitrary deprivation of life, however, then falls to be determined by the
applicable lex specialis, namely, the law applicable in armed conflict.”20
In its advisory opinion on the Legal Consequences of the Construction of
a Wall in the Occupied Palestinian Territory, the Court further posited the
applicability of human rights law in times of armed conflict, stating “the
protection offered by human rights conventions does not cease in case of
armed conflict, save through the effect of provisions for derogation of the
kind to be found in article 4 of the [International Covenant on Civil and
Political Rights].”21 Most recently, the Court applied both human rights
law and international humanitarian law to the armed conflict between the
Democratic Republic of the Congo and Uganda.22
Acts of terrorism which are committed outside of armed conflict generally
constitute crimes under domestic and, depending on the circumstances,
international criminal law and thus should be regulated through the
enforcement of domestic and international criminal law.

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