2011. október 27. és november 2. között az ÁJTK Büntetőjogi és Büntető Eljárásjogi Tanszékének két docense Dr. habil. Karsai Krisztina és Dr. Szomora Zsolt, valamint doktori ösztöndíjasa Neparáczki Anna Viktória Pekingben járt a International Forum on Crime and Criminal Law in the Global Era elnevezésű tudományos kör harmadik ülésén.
A konferencián 21 ország képviseletében vettek részt jogászok, szociológusok, pszichológusok. Magyar delegáció most érkezett először a Forum ülésére, ahol hárman is képviselhették a magyar jogtudományt (Dr. Karsai Krisztina, Dr. Szomora Zsolt, dr. Neparáczki Anna Viktória), illetve a Szegedi Tudományegyetemet.
A konferencia célkitűzése a terrorizmus elleni globális küzdelem olyan csomópontjainak megtalálása volt, amelyet minden delegáció tud képviselni. Konkrét célkitűzésként rajzolódott ki a konferencia alkalmával, hogy a kínai kollégák egy terrorizmus elleni globális nemzetközi egyezmény (ENSZ) létrehozása mellett tették le voksukat, úgy tűnt, hogy különösen fontos számukra e nemzetközi egyezmény majdani létrejötténél való bábáskodás. Szakmailag teljesen védhető és támogatandó célkitűzés ez, nyilván a legnagyobb nehézséget az fogja okozni, hogy egészen pontosan mit is fog ezen egyezmény terrorizmusként definiálni. Másfelől azonban azt mindenképpen el kell kerülni, hogy az egyes államok saját politikai céljaikra használják fel a terrorizmus elleni küzdelmet (s különösen a terrorizmus miatti félelmet).
A konferencia alkalmat teremtett arra, hogy meglátogassuk a Peking University jogi karát, ahol Prof. Dr. Shizhou Wang látta vendégül kis csoportunkat.
Látogatást tehettünk továbbá a Magyar Köztársaság Nagykövetségén, ahol Dr. Kusai András nagykövet és Dr. Sárközy Péter főkonzul fogadott bennünket. (A fotón: Neparáczki Anna Viktória, Dr. Szomora Zsolt, Dr. Kusai András, Dr. Karsai Krisztina, Dr. Sárközy Péter)
Szegedi sajtóvisszhang idekatt
|Prof. Dr. He-vel, a Forum egyik alapítójával és meghívónkkal|
|Prof. Dr. Shizhou Wang, Tanszékünk 2010-es Humboldt Kolleg konferenciájának egyik főelőadója|
According to the resolution of the Second Session of IFCCLGE, the theme of the Third Session is “the Basic Trend of Worldwide Terrorism and Countermeasures in the Global Era”. The three major focal points will be: 1) the basic trend of worldwide anti-terrorism; 2) global strategies of anti-terrorism and concrete measures; 3) settling theoretical issues involved in the comprehensive anti-terrorism convention, especially the concept of terrorism. If possible, a Comprehensive Convention on Anti-terrorism will be drafted and presented to the UN for reference.
The convening of this conference collides with the tenth anniversary of 9/11 Terrorist Attacks, an unforgettable grief all around the world. “911” Event, an important turning point of the global anti-terrorism, kicked off the anti-terrorism campaigns against international terrorism, which is a fighting line worldwide, invisible, and changing .
Over the past ten years, with sword and fire, terrorists have committed unforgivable crimes and sowed hatred both interiorly and exteriorly, killing and injuring innocent people indiscriminately and cruelly, plundering wealth, causing destructions and death, and bringing disaster, misfortune and dread to the whole world. The existence of terrorism is a severe threat to all states and all people for it is everywhere around us and brings us disaster and distress at any time and in any places. The human society is confronting unprecedented challenge, therefore, people all over the world must draw together to face the challenge and fight against terrorism, thus safeguarding the dignity, life, freedom and basic human rights, and maintaining the stability, civilization and development of human societies.
We, experts of criminology and criminal law from France, German, Italy, America, Japan, Spain, Russia and China, have organized the International Forum on Crime and Criminal Law in the Global Era to push the international criminal reform so as to practice rule of law, protect and safeguard human rights, and during the process of, we are shouldering the obligatory and sacred responsibility. Three major purposes are designed:
First, conducting in-depth study of the basic trend of worldwide anti-terrorism and mapping strategic situations of the current anti-terrorism.
Anti-terrorism is an organic part of the global politics and the changes of global political structure will have decisive influence on terrorism, which inevitably will change along with the global political strategies and situations and that of each area and state, as we have noted clearly.
In recent years, the fundamental change of global political pattern marks the termination of post cold war and the coming of multi-polar world, with the establishment of G20 and the retire of G8 as one of the notable symbols. The evolution of the world major strategic forces pushes the American government to change its international and anti-terrorism strategies.
When Obama came into office serving as the President of America in 2009, he put forth a set of external strategic theories and anti-terrorism strategies different from that of Bush government. The basic point of Obama’s strategy in Afghanistan and Pakistan lies in that it integrates the anti-terrorism wars in the two regions as a breakthrough and takes military and economic assistance as the means to ease the contradicts of America with Islamic world, agglomerate consensus of NATO and construct vigorously a new order of international anti-terrorism instead of Bush’s unilateralism and militarism of anti-terrorism strategy. Such a strategic change has brought alteration to the anti-terrorism situations in different areas and to various extents.
At present, the dramatic and remarkable changes of the strategic situations in Middle East are the political unrest originated from the Egypt Evolution in February, 2011, which has extended to many states of the Middle East (and also North Africa). The Middle East is undergoing the severest institutional and structural turmoil in the history which has forced America, Iran, Israel and other related parties to adjust their strategies in this district. The development prospect of states of the Middle East is hard to predict yet. However, there is one definite point that the changes of the political structure and strategic situation of the Middle East will inevitably cause the changes of the strategic situation of anti-terrorism of Middle East.
It has been noticed that during the unrest of Egypt, an organization called “Islamic State of Iraq” had called upon the protest Egyptians to start a “holy war (Jihad)”. “Islamic State of Iraq” is a branch of the "Al Qaeda" group and has engineered many explosions, including the explosion of the Egyptian church. The terrorism’s intervening into the political structure of the Middle East makes the anti-terrorism situation of many states in that area more disturbing.
It is also noticed that Kavkazcenter , a Russian website released on Feb. 7th, 2011 a video speech of Doku Umarov, a chief of Chechnya anti-government force, in which he announced that he was responsible for the terrorist attack happened in the Domodedovo International Airport of Moscow on 24th, January (this attack with at least 31 deaths and 130 injuries is the most serious terrorist attack Russian has ever suffered, occurring after the explosion in Moscow subway on 29th, March, 2010 with over 40 deaths of innocent passengers). Doku Umarov also threatened to launch more terrorist attacks to revenge. He said that their organization is committed to building a “free Islamic state” in North Caucasoid. The interdependence of ethnic separatism and terrorism has been upsetting the world.
In addition, the American National Counterterrorism Center stated on 9th, February, 2011 that at present, the biggest threat of American safety is no longer Bin Laden, the leader of "Al Qaeda" group, but Anwar Aoraki, a radically religious extremist of Yemeni descent. Since the "9/11" Event, the America has been treating Bin Laden as the "No.1 terrorist". The Secretary of U.S. Department of Homeland Security also expressed that the terrorist threat to America turned to be the "most serious" since the "9/11" Attacks and she said that the sudden attack might happen to the land from the US.
All of these indicate that the worldwide anti-terrorism campaigns have stepped into a new historical stage. It is hoped that the director-generals and delegations of each state to attend this conference will organize the most illustrious experts from theoretical and practical circles of their counties to conduct in-depth study of the global, regional (especially that in South Asia, Middle Asia, Middle East, North Africa, East Africa, Europe and America) and domestic strategic situations of anti-terrorism,and present distinct papers and show people an updated map of anti-terrorism strategic situations.
Second, research into the global strategies and concrete measures of anti-terrorism.
The United Nations Global Counter-Terrorism Strategy was adopted by Member States on September 8, 2006 in the form of a resolution and an annexed Plan of Action. This is a unique and globally significant instrument designed to strengthen the anti-terrorism efforts of all states, regions and the world. However, restricted by the global political pattern, it has not been effectively implemented. At the present moment, we need to in line with the current strategic situation, study seriously this strategic plan and its implementation methods and explain it theoretically so as to put forward reasonable proposals.
In addition, since the 9/11 terrorist attacks, many states have also formulated successively state safety strategies against terrorism, putting forward guiding principles of guarding, striking and coping with terrorist threat, including organizing special institutions and forces to combat terrorism, enacting anti-terrorism laws, enforcing information work of anti-terrorism, adjusting safety institutions, establishing early warning mechanism against terrorist attacks, investing armies with the power of anti-terrorism, intensifying measures of coping with massive terrorist attacks, etc. These anti-terrorism strategies and concrete measures must also be adjusted in accordance with the development and changes of the overall situation to further intensify and improve various kinds of anti-terrorism mechanisms and measures. Considering all of the above, it is hoped that the direct-generals and the delegations of all states organize experts to conduct research and present outstanding papers.
Third, studying and formulating fundamental theories covered in the overall anti-terrorism convention, especially the concept of anti-terrorism. If possible, a Comprehensive Anti-terrorism Convention will be drafted, and presented as a reference for the UN.
A comprehensive anti-terrorism convention is the necessary requirements in the practice of the rule of law and the guarantee and protection of human rights during the process of international anti-terrorism war, where the lack of rule of law has been a long existed and serious problem.
For example, some states, for their own interests, take double standards during the anti-terrorism combat, or even intervening directly or indirectly into terrorist actions; some states use terrorist means against terrorism (implementing national terrorism); other states violate the decision of No.60/158 passed by the United Nations General Assembly on Dec. 16th, 2005 that “On the Protection of Human Rights and Basic Freedom during Anti-terrorism” and maltreat the imprisoned terrorists inhumanly (for example, the American black prison ). All of these activities have destroyed severely the international anti-terrorism cooperation, weakened its power and to some extent encouraged the expanding and development of terrorism, which has brought about serious harm out of the imagination of people.
Only with the formation and its implementation of a convention, and standardizing in a law to unify the anti-terrorist actions of each governments, enhancing the leading status of the UN during anti-terrorism, can anti-terrorism combat prevent and conquer various kinds of anarchy, striking various kinds of anti-terrorism actions and effectively guaranteeing and protecting human rights in accordance with law, which is a problem to be settled urgently in the combat.
In fact, the UN has already realized the importance of this problem, and a working group under the Law Committee of the UN General Assembly had made a “Draft Comprehensive Convention on Terrorism” before the 9/11 Event. In the Summit's outcome document in September, 2005, all leaders agreed that every effort will be made to come into consensus on the general definition of terrorism and then finally to determine a comprehensive convention on international anti-terrorism.
On September 8th, 2006, the UN General Assembly passed “The United Nations Global Counter-Terrorism Strategy” which reaffirms that member states to make every effort to reach an agreement on and conclude a comprehensive convention on international terrorism, including by resolving the outstanding issues related to the legal definition and scope of the acts covered by the convention, so that it can serve as an effective instrument to counter terrorism.
However, until now, such a convention has not been concluded yet. And the biggest obstacle is how to give a recognized and scientific definition of “terrorism”. It might well be that “One man's terrorist is another man's freedom fighter” and such a terrible case makes it hard to have an agreed understanding.
Considering such a condition, the third session of the IFCCLGE will dedicate to study and put forward a scientific definition of terrorism, and based on this, experts from various states will form a group to make a “Comprehensive Convention on Terrorism” and spend one year to propose a draft convention presented to the UN for reference. The specific schedule will be discussed and determined at the director-generals conference of 2011.
The draft of comprehensive counter terrorism convention must be based on and guided by the “The United Nations Global Counter-Terrorism Strategy” that are passed unanimously by the state members of the UN, so as to avoid divergence and turnovers and make it more easier to come to consensus.
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