The Need for Regulation of Cyber Terrorism Phenomena in Line With Principles of International Criminal Law

• Author: Enver Buçaj
• Position: Associate Professor, PhD, University of Prizren 'Ukshin Hoti', Law Faculty, Kosovo
• Pages: 141-162

JURIDICA

141

The Need for Regulation of Cyber

Terrorism Phenomena in Line With

Principles of International Criminal Law

Enver BUÇAJ

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Abstract: This paper scrutinizes and highlights imminent need to regulate cyber terrorism pheromone

in line with principle of international law. In so doing, this paper in tends to ascertain legal basis to

regulate cyber terrorism at international l evel. It explains the normative conduct by drawing on

adjustments of certain member states of European Union as well as from none-European member

states. Particular attention will b e given as to how Koso vo has addressed cyber terrorism within its

legal framework of criminal acts. The paper also addresses practical consequ ences of cyber terrorism

in context of cyber-attacks events in attempt to establish legal basis for its prevention and punishment

of cyber criminals wherever it happens. The author articulates its arguments by examining the

presumed threats as a result of cyber terrorism activities, as well as based on well-known cyber

terrorist behaviors and constant literature that insinuate that cyber-attacks are imminent threats.

Lastly, as there is neither a particular treaty nor State practices, the author considers of utmost

importance to spell out different views and statistics alluding that the need to regulate cyber terrorism

in line with principle of international criminal law is a necessity.

Keyword: Cyber Crime; Cyber Terrorism; International Criminal Law; Necessity

1. Introduction

Terrorism has become a permanent phenomenon of contemporary life, which

contains a wide range of threats, including those against the security and welfare of

ordinary people, against the stability of the state political system, economic

development and the spread of democracy. Contemporary terrorists are more

organized, more professionally well versed and better equipped than their

predecessors have done throughout history. Technological development offers

them new attack targets and “skill” technical updates (Department of Justice, 2001,

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Associate Professor, PhD, University of Prizren “Ukshin Hoti”, Law Faculty, Kosovo, Address: 1

Shkronjat, Prizren 20000, Kosovo, Corresponding author: hazirifatos@gmail.com.

AUDJ, vol. 13, no. 1/2017, pp. 141-162

ACTA UNIVERSITATIS DANUBIUS Vol. 13, no. 1/2017

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p. 51). Terrorists of tomorrow will be able to use the most modern equipment,

chemical, biological or nuclear explosions to perform mass and political unrest.

Today's world is a society made up of diverse communication networks, where

production and distribution of food, oil pipelines and gas and so forth, are not built

by having in mind the idea that one day they will be exposed to risks terrorism.

Already we have seen how both of these networks, civil air transport and mail

delivery mechanisms turned against Americans on September 11, 2001 (Yonah,

2002, p. 6). Despite the maximum commitment of all parties that fight crime,

whether national or international, must not have illusions and ideas that terrorism

will be completely eradicated. Therefore, it is very important and necessary to

determine the regulation of terrorism according to international criminal law

principles.

Ben Saul noted that “a combination of pragmatic and principled arguments

supports the case for the definition of terrorism in international law”, including the

need to punish violations of human rights, to protect the state's policy and to be

very cautious, to distinguish public violence from domestic violence, and to ensure

international peace and security (Saul, 2008, p. 1). On the other hand, Carlos Diaz-

Paniagua, who has coordinated the negotiations of the United Nations Convention

proposed comprehensive framework against international terrorism, has set out the

need to provide a precise definition of terrorist activities in international law;

starting from the knowledge that “criminal law has three goals: to declare that the

conduct is prohibited, to prevent it and to express condemnation of society to acts

of wrong” (Diaz, 2008). This brings to light that the role normative criminalization

has special significance in the case of terrorism. Thus, international treaties on

criminal law seek prevention and punishment of terrorist activity.

The definition of terrorism in international treaties and criminal law has multiple

counts for several reasons:

• First and foremost, is that the definition of terrorism has symbolic and normative

role to express the conviction of the people in society who commit prohibited acts.

• Second, it eases international agreements. A precise definition of terrorism

obliges states to declare that they are willing to take stringent obligations on

matters relating to the exercise of their national jurisdiction, also limits the scope of

these obligations, makes less costly agreement etc.