О ПОНЯТИИ «МЕЖДУНАРОДНЫЙ ТЕРРОРИЗМ»
Статья посвящена понятию международного терроризма, в частности проблеме его нормативного определения. Автор анализирует доктринальные точки зрения на рассматриваемый вопрос, оценивает позиции отдельных государств и международного сообщества в целом на существующие определения понятия, признаки и классификации международного терроризма. Рассматриваются основные международные соглашения по борьбе с терроризмом, принятые в рамках Совета Европы, а также Шанхайская конвенция о борьбе с терроризмом, сепаратизмом и экстремизмом 2001 г. ; A special hazard of international terrorism is that it essentially is an act of indirect aggression, which is masked under independent actions of separate individuals or groups of individuals. A true organizer of a terror act remains beyond the reach of justice. The determinations of terrorism, given in doctrinal sources, present the attempts to give a general definition with the help of general feature extraction of this phenomenon. The difficulty in the matter of international terrorism fact-finding is that it is usually almost impossible to prove the fact that the terrorist act was committed with the connivance, with the assistance or even was organized by the official bodies or state functionaries, as far as the factual terrorist act executors in these cases are separate individuals or groups of individuals who do not officially work on behalf of the state. The problem is also a presence of double standards in the terrorists' action evaluation by the other states and the grating of political asylum, which is testified by the experience of many countries. In 2005 the Convention of the Council of Europe on prevention of terrorism was signed. In Article 1 it is regulated that for the aims of the current Convention ''terrorist crime'' means any of crimes within regulations and determinations in one of the treaties listed in the Appendix. Moreover, Convention-2005 introduces liability for public incitement to terrorist act execution, recruitment, training of terrorists, and stresses that this liability does not depend on the factual crime execution. Both conventions consider extradition of executors of any terrorist acts or other individuals, who assist them, for the aims of trial and punishment, to be the main way in combating international terrorism. Such a procedure may appear to be an efficient means against states' participation in terrorist acts preparation and execution against people and legal entities of another country. One of the decisions considered most successful was the one of Shanghai Convention of 2001 on combating terrorism, separatism and extremism, as far as Article 1 determines ''terrorism'' traditionally, equating to it the crimes from Shanghai Convention treaties enumerated in the Appendix and gives two extra qualifying attributes. The analysis and study of terrorism in all its manifestations, especially after its transformation from a phenomenon, associated with separate countries, into a planetary scale threat, appears to be a complicated problem, in which there are much fewer clear juridical and political determinations than it seems. As a result, the issue of international terrorism notion determination remains a component of a really effective collaboration of the countries in combating this crime. It is unlikely, considering the quickly progressing forms of terrorism, to manage to criminalize all its manifestations, if in addition to the list of similar forms not to make an emphasis on most general criteria of the given international crime.