Aviation Security Law 航空安全法(204)

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The offence of terrorism has also been de.ned as one caused by any serious act of violence or threat thereof by an individual. Whether acting alone or in associa-tion with other persons which is directed against internationally protected persons, organizations, places, transportation or communication systems or against members of the general public for the purpose of intimidating such persons, causing injury to or the death of such persons, disrupting the activities of such international organi-zations, of causing loss, detriment or damage to such places or property, or of interfering with such transportation and communications systems in order to under-mine friendly relations among States or among the nationals of different States or to extort concessions from States.
It is time that terrorism is recognised as an offence that is sui generis and one that is not always international in nature and motivated by the political aims of the perpetrator. For the moment, if terrorism were to be regarded as the use of fear, subjugation and intimidation to disrupt the normal operations of humanity, a more speci.c and accurate de.nition could be sought, once more analysis is carried out on the subject. One must always be mindful however, that without a proper and universally acceptable de.nition, international cooperation in combating terrorism would be impossible.
A terrorist act is one which is mala in se or evil by nature and has been associated with the political repression of the French Revolution era where, it is said, the word terrorism was coined. A terrorist is a hostis humani generis or common enemy of humanity.
International terrorism has so far not been de.ned comprehensively largely due to the fact that owing to its diversity of nature the concept itself has de.ed precise de.nition. However, this does not preclude the conclusion that international terrorism involves two factors. They are:
1.
The commission of a terrorist act by a terrorist or terrorists.

2.
The “international” element involved in the act or acts in question, i.e., that the motivation for the commission of such act or acts or the eventual goal of the terrorist should inextricably be linked with a country other than that in which the act or acts are committed.

Perhaps the oldest paradigm of international terrorism is piracy which has been recognized as an offence against the law of nations and which is seen commonly today in the offense of aerial piracy or hijacking.
Acts of international terrorism that have been committed over the past two decades are too numerous to mention. Suf.ce it to say, that the most deleterious effect of the offense is that it exacerbates international relations and endangers international security. From the isolated incidents of the sixties, international terrorism has progressed to becoming a concentrated assault on nations and orga-nizations that are usually susceptible to political con.ict, although politics is not always the motivation of the international terrorist. International terrorism has been recognized to engulf acts of aggression by one State on another as well as by an individual or a group of individuals of one State on another State. The former typi.es such acts as invasion, while the latter relates to such individual acts of violence as hijacking and the murder of civilians in isolated instances. In both instances, the duties of the offender-State have been emphatically recognized. Such duties are to condemn such acts and take necessary action.
The United Nations has given effect to this principle in 1970 when it proclaimed that:
Every State has the duty to refrain from organizing or encouraging the organization of irregular forces or armed bands, including mercenaries, for incursion into the territory of another State. Every State has the duty to refrain from organizing, instigating, assisting or participating in acts of civil strife or terrorist acts in another State or acquiescing in organized activities within its territory directed towards the commission of such acts, when the acts referred to in the present paragraph involve a threat or use of force.
　
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