THE DEFINITION OF TERRORISM IN INTERNATIONAL AND NATIONAL LAW: ANALYSIS AND LEGAL CONTENT

Abstract

Тhe article is devoted the concept of terrorism in international and Kazakhstan law. The article proposes to consider terrorism as a multidimensional phenomenon rather than just single act of violence. We can also consider terrorism as multi leveled. For instance, formulation of ideology, preparation and recruitment of people, financing, defining the aim can be done on one level. Also the influence of foreign states can be identified on this level. Terrorism also includes a multitude of acts. One must consider the subject of the act, the object of the act, and the motive of the act. As a result some scholars make a distinction between terrorism and terrorist acts. The aim of acts of terrorism is to form negative attitude to state or international organization.  

The primary connecting link between terrorism and terrorist act is final goal. The final goal of terrorism in this sense is to affect the conduct of state officials or international organizations because they are the “symbols” of power for society and state.

In our view, terrorism has three goals.

1. Final goal – state, international organization.
2. Immediate goal – immediate object of terrorist act.
3. Interim goal – society, population.

Perhaps there is forth goal as personal goals, such as revenge, achieving social justice, impunity, public effect or “fame”.

Thus, in our point of view, terrorism is activities aimed at the preparation, financing, and committing acts of terrorism in the states through which the achieved effects on the actions of officials of States or international organizations (or harmed international relations and the rule of law) in the interests of the subject of terrorism.