Multilateral international treaties on combating aviation terrorism - 2

1984 edition; The Right to Terrorism/Practical Issues in Europe, by Pfal Traugner A., 1977; The Who, What, When, Where, How, and Why of Terrorism/Paper presented at the Detroit Police Department Conference on “Urban Terrorism: Planning and Chaos,” by Jenkins

BM, 1984; International experience in the fight against terrorism: standards and practice, author Ustinov V., 2002; Political terrorism: theory, tactics and countermeasures, author Wardlaw G., 1982, Cambridge University Press; etc.

The topic " Multilateral international treaties on combating aviation terrorism " has been studied in many aspects, in many different publications and articles. However, students find that researching and analyzing the provisions of universal and regional international treaties on combating terrorism in general and aviation terrorism in particular, thereby making proposals and recommendations to improve national and international laws on this issue is always urgent and has not been mentioned much, so it needs to be further researched. In addition, with the development of modern science and technology today, the fight against international terrorism with its increasingly sophisticated and dangerous acts is always an urgent issue that countries need to pay attention to and solve. For the above reasons, students have chosen the topic " Multilateral international treaties on combating aviation terrorism " to research and write their graduation thesis.

3. Research purpose and tasks

3.1. Research purpose

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Based on a comprehensive study of universal and regional international treaties on combating aviation terrorism as well as regulations of Vietnamese law on this issue, a number of recommendations and solutions to improve national and international laws on combating aviation terrorism are proposed.

3.2. Research tasks

To achieve the above purpose, the thesis has the following specific tasks:

- Research on theory and practice, mainly on issues: concepts, viewpoints and characteristics of aviation terrorism .

- Study the basic contents of aviation terrorism such as: universal international treaties on aviation terrorism; regional international treaties on aviation terrorism, mentioning international organizations and the role of these organizations in the fight against terrorism in general and aviation terrorism in particular.

- Research Vietnamese legal documents on terrorism in general and aviation terrorism in particular, accession, transformation and implementation of international treaties on aviation terrorism; and regional and international cooperation in combating aviation terrorism.

4. Research objects, scope and sources of materials

- Research subjects: Universal and regional international treaties on combating terrorism in general and aviation terrorism in particular, regulations of Vietnamese law on combating, preventing terrorism and aviation terrorism.

- Scope of research: Within the limits of resources and material resources, the thesis does not have the ambition to thoroughly research the overall issue of aviation terrorism, but only tries to research and analyze the basic views of aviation terrorism as a dangerous phenomenon for society, research issues related to its origin and development. The topic focuses on researching a number of universal and regional international treaties on counter-terrorism, accession and implementation of international treaties on counter-terrorism of which Vietnam is a member. Specifically, the following issues: concept, characteristics and classification of aviation terrorism; a number of international treaties on combating

aviation terrorism; regulations of Vietnamese law on combating aviation terrorism, and at the same time providing a number of recommendations and solutions for Vietnam and the international community to more effectively carry out the task of combating aviation terrorism.

- Sources of information: The topic is researched within the scope of multilateral international conventions (universal and regional), with national and international organization connections. During the implementation process, the thesis will use documents, books, newspapers, magazines published domestically and internationally, documents of the United Nations, of international organizations, and refer to information on the Internet as a supplementary source (including information, documents and scientific works) related.

Research on the fight against aviation terrorism cannot fail to mention the current legal documents (national and international) on the fight against aviation terrorism (or related to aviation terrorism), as well as international coordination and cooperation measures on a global, regional, local (or limited) scale and within the scope of each country. It can also be considered as the international cooperation system in the fight against terrorism or when collected together, it can be called a legal collection on the fight against terrorism.

5. Research methods

The topic is researched on the basis of various traditional legal scientific research methods such as: theoretical, synthetic, analytical, psychological methods, etc.

Regarding the theoretical method to study and analyze aviation terrorism, regarding the concept, to analyze the criteria (standards) to distinguish aviation terrorism from other dangerous acts for society, the essence of this method is to give an accurate concept of aviation terrorism.

Regarding the synthesis method, based on the viewpoints to study the origin and causes of aviation terrorism, the relationship between aviation terrorism and other types of terrorism.

Regarding the psychological method, it aims to study and analyze the psychological structure of aviation terrorism, the psychology of terrorists, the motives of terrorist acts, and the psychology of terrorism. This method also considers the cruelty and consequences of aviation terrorism.

Based on different approaches, the thesis will be analyzed and researched from the perspectives of history, sociology, politics, psychology, criminology and international crime.

6. Contributions of the topic

Through the research, the thesis wants to emphasize the importance of the international legal system in regulating international relations in general and in the fight against aviation terrorism on a regional and global scale.

The research thesis aims to provide conclusions, suggestions and recommendations to serve the training and scientific research work, at the same time the research results can be used as useful reference materials for research and for the prevention and fight against aviation terrorism crimes.

7. Structure of the topic

In addition to the Introduction, Conclusion, and References, the thesis includes 3 Chapters:

Chapter 1: Overview of aviation terrorism.

Chapter 2: International treaties on combating aviation terrorism.

Chapter 3 : Vietnam and its accession to international treaties on combating aviation terrorism, some solutions and recommendations.

Chapter 1

OVERVIEW OF AIRLINE TERRORISM

1.1. Concept, characteristics and classification of terrorism

The term terrorism is derived from the Latin word “terror”, which means “terrible, terrifying”. The same meaning is in English “terror” and in French “terreur”. The element of frightening the opponent (or those directly affected by terrorism) is always present in any terrorist act, but psychological repression is not the basic purpose of terrorism. Increasing fear plays a supporting role in achieving the goals of interests, material, politics or forcing the government to carry out the terrorist’s demands, change the political regime, etc. In this, the subject of terrorist activities does not limit threats, they apply force at the most brutal level.

Many scientists and practitioners believe that there is almost an overlap between the concepts of terrorism, radicalism and extreme politics. The concept of radicalism (Latin: radix – root) is understood as a resolute political-social ideology and action aimed at “fundamental” change in the current political and social institutions [61, p.216].

Sometimes the term radicalism is used almost synonymously with the concept of extremism, but the difference from extremism is that radicalism usually focuses on a content of ideas and then on the methods of implementing them. Radicalism can be a special “ideology” without being effective, extremism is often effective but not an idea. Extremism first of all focuses on the methods and means of struggle, then can be transformed into the content of ideas. As a term, the concept of radicalism appeared in England in the 18th century during the industrial revolution and later this concept was called the philosophy of radicalism by I. Bentam (British).

The concepts of “terrorist” and “terrorist” appeared at the end of the 18th century, the Jacobins (France) often used this concept (both in communication and writing) in normal relations with each other. But in the process of the great French revolution, the term “terrorist” acquired a derogatory meaning and it became synonymous with “criminal”.

The term “terrorism” is increasingly used more broadly and means mainly violence. Before the 70s of the 20th century, this term was popular and today it is used to refer to the violent motives of the “weak” side, the side with opposing political goals. To increase fear, terrorists can apply arson or explosions of shops, train stations, headquarters of political parties, etc. In modern conditions today, terrorists have applied hostage taking, hijacking planes, terrorist acts often have public characteristics and are directed towards impacting society or the government. Today, terrorists have also quickly recognized the characteristics of the times, such as: the government depends heavily on elections, on public opinion; has a strong international media system, likes terrorism to make a strong impression because in just a moment it can create a wide public opinion; People in most countries have developed a habit of “forgetting” political violence and fearing it.

Nowadays, the popular and effective method of terrorism is no longer violence against government representatives, but against peace, against those who cannot protect themselves and, most importantly, those who are not related to the target of terrorism - that is, people, civilians. And with the effective support of the international media system, the results of terrorism are spread very quickly in community life.

Since the 1970s, the term international terrorism has been widely used in the draft law on crimes against peace and security of humanity.

The United Nations, in which international terrorism is understood as “committing, organizing, assisting in committing, financing or encouraging by the agents or representatives of one State to act against another State, or tolerating or condoning such acts against persons or property with the intent to create fear among the authorities, groups or the population generally”.

Western European scientists have defined terrorism primarily as the use or threat of use of force for political purposes [64]. In the German dictionary of criminology, terrorism is listed as the highest level of extremism. There is no general concept of terrorism that applies to both national and international law, the concept of terrorism gives advantages to state agencies not only in Germany, but also in other countries. Terrorism is briefly defined as political terrorism carried out by organized groups, these groups follow political motives or reasons, they systematically use force in relations with third parties voluntarily and unpredictably, they apply force to pursue the goal of causing fear [51].

At the end of the 20th century, the phenomenon of terrorism in Western Europe [54, p.3] changed both in quantity and quality, so major scientists in different countries studied terrorism with different approaches and assessments. That is the reason for the emergence of hundreds of different concepts about this socio-political phenomenon [57, p.3]; [62, pp.130-135]; [53]; [55, p.72].

According to the laws of some European countries, terrorism is understood as the use of criminal acts for political purposes, so terrorism is considered a violation of the law, so terrorism will be fought by law through legal measures, for example, the German government fights to eliminate terrorism by law [50]. Terrorism is intolerable political and social violence, violence always causes psychological consequences in society, but aims to make one's actions innocent [47].

Acts such as hijacking aircraft, hijacking aircraft, kidnapping diplomats, committed with clear motives and purposes, are special crimes, forms of political violence, such acts are international terrorism or international aviation terrorism.

In Russian dictionaries it is stated that terrorism is a policy of intimidation, of putting pressure on political opponents by means of coercion until their destruction. International terrorism is an act of coercion directed against citizens or subjects protected by international law (murder of heads of foreign states and governments, heads of diplomatic missions, explosions of embassies or diplomatic compounds, representatives, organizations, headquarters of international organizations, etc.) [43]; terrorism is a crime against public security, committing explosions, arson, destruction or other acts that create danger and cause death to people, bring significant material damage or are attacks with socially dangerous consequences, if such acts are committed with the aim of violating public order, frightening residents or helping to influence the adoption of decisions by government bodies, including threats to commit such acts with such purposes (Part 1, Article 205 of the Criminal Code of the Russian Federation) [56]; Terrorism is not only a crime recorded in Article 205 above but also a social phenomenon including many other acts such as acts of violence (murder, occupation of buildings, means of transport, kidnapping) or acts of intimidation carried out by various methods against political opponents or others with the purpose of frightening, creating an atmosphere of fear, terror, and terror in society, causing instability [63, pp.724-725]; terrorism is a policy of frightening, oppressing classes and political opponents by all means until the opponents are destroyed.

The forms of terrorism are very diverse, can be non-declared war, arrest

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