Under Hague Convention:
Annex to the Convention
REGULATIONS RESPECTING THE LAWS AND CUSTOMS
OF WAR ON LAND
SECTION I ON BELLIGERENTS
CHAPTER I
The Qualifications of Belligerents
Article 1.
*The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps fulfilling the following conditions:
*To be commanded by a person responsible for his subordinates;
*To have a fixed distinctive emblem recognizable at a distance;
*To carry arms openly; and
*To conduct their operations in accordance with the laws and customs of war.
*In countries where militia or volunteer corps constitute the army, or form part of it, they are included under the denomination "army."
Art. 2.
The inhabitants of a territory which has not been occupied, who, on the approach of the enemy, spontaneously take up arms to resist the invading troops without having had time to organize themselves in accordance with Article 1, shall be regarded as belligerents if they carry arms openly and if they respect the laws and customs of war.
SECTION II HOSTILITIES
CHAPTER I
Means of Injuring the Enemy,
Sieges, and bombardments
Art. 22.
The right of belligerents to adopt means of injuring the enemy is not unlimited.
Art. 23.
In addition to the prohibitions provided by special Conventions, it is especially forbidden -
*To employ poison or poisoned weapons;
*To kill or wound treacherously individuals belonging to the hostile nation or army;
*To kill or wound an enemy who, having laid down his arms, or having no longer means of defence, has surrendered at discretion;
*To declare that no quarter will be given;
*To employ arms, projectiles, or material calculated to cause unnecessary suffering;
*To make improper use of a flag of truce, of the national flag or of the military insignia and uniform of the enemy, as well as the distinctive badges of the Geneva Convention;
*To destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war;
*To declare abolished, suspended, or inadmissible in a court of law the rights and actions of the nationals of the hostile party. A belligerent is likewise forbidden to compel the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war.
Art. 24.
Ruses of war and the employment of measures necessary for obtaining information about the enemy and the country are considered permissible.
Art. 25.
The attack or bombardment, by whatever means, of towns, villages, dwellings, or buildings which are undefended is prohibited.
Art. 26.
The officer in command of an attacking force must, before commencing a bombardment, except in cases of assault, do all in his power to warn the authorities.
Art. 27.
In sieges and bombardments all necessary steps must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, provided they are not being used at the time for military purposes.
It is the duty of the besieged to indicate the presence of such buildings or places by distinctive and visible signs, which shall be notified to the enemy beforehand.
Art. 28.
The pillage of a town or place, even when taken by assault, is prohibited.
Terrorist/ Terrorism: Point of View
The term has been applied promiscuously to all forms of violence. But to get beyond propaganda, terrorism must be defined according to the quality of the act itself, not the identity of the perpetrators or the nature of their cause. An act is not terrorism simply because one opposes the cause, or because someone labeled "terrorist" carries it out. Nor is an act not terrorism because a cause is deemed noble. Ends do not justify means.
Terrorism is older than the word itself, which has roots in the "Reign of Terror" during the French Revolution. The practice of threatening, injuring or killing innocent people for political, religious or other ideological reasons goes back to at least Biblical times. Zeal (Greek for "jealous") is the basis of zealot – the name given to a Jewish sect that led a bloody uprising against Roman occupation 2,000 years ago. And thug (Hindu for "thief" based on Sanskrit "sthagati" for "concealed person") originally referred to a member of a band of killers in India who waylaid and strangled travellers as part of a religious ritual.
Would "zealots" and "thugs" be considered terrorists today? There is disagreement over what the word means. Richard Baxter, a judge on the International Court of Justice, once said: "We have cause to regret that a legal concept of 'terrorism' was ever inflicted upon us. The term is imprecise; it is ambiguous; and above all, it serves no operative legal purpose." Some have returned to a different judge's famous comment about another word. In 1964 U.S. Supreme Court Justice Potter Stewart admitted it might be impossible to "intelligibly" define obscenity, but quickly added "I know it when I see it."
That said, what are the qualities of terrorism?
All terrorist acts involve violence or the threat of violence. A terrorist act ordinarily would be considered a crime – murder, kidnapping, arson. Most terrorist acts would also violate the rules of war.
Ordinary criminals may terrify, but they are not terrorists. A single perpetrator pursuing his own cause may be a terrorist, but lone wolves often turn out to be lonely crackpots.The Unabomber was not a terrorist and neither is Nidal Malik Hassan.
Wars may involve acts of terror, but every act of extreme violence is not terrorism. The Nazi's "final solution," the London Blitz, the atomic bombs on Hiroshima and Nagasaki fall in the categories of genocide, war crimes, or simply elements of brutal, total war, but are not necessarily terrorism. Hitler wanted to physically eliminate all Jews, not terrorize them. Aerial bombardment, until recently, was imprecise. Do collateral casualties constitute terrorism if not the product of deliberate strategy? Probably not. But to say that an act fits better in the category of war crimes than terrorism does not lessen our need to condemn it.
What sets terrorism apart from other violence is this: terrorism consists of acts carried out in a dramatic way to attract publicity and create an atmosphere of alarm that goes far beyond the actual victims. Indeed, the identity of the victims is often secondary or irrelevant to the terrorists who aim their violence at the people watching. This distinction between actual victims and a target audience is the hallmark of terrorism and separates it from other modes of armed conflict. Terrorism is theater.
It is hard, when we are told, to know exactly where the line exists between terrorists and the brave would-be liberators of oppressed people–freedom fighters. Besides, many nations in the world have come into existence after lengthy struggles for liberation. Many pundits assert that the difference between a terrorist and a freedom fighter is purely a matter of perception. When our guy kills in battle, he’s a freedom fighter; when our enemy does, he is a terrorist. Similar acts get different labels depending on who is doing the labeling. What powerful states call terrorism may be an inevitable response to injustice.
contd..



