Sometime life become so convoluted that it is hard to understand what is happening around you. You are just moving the way it is leading you. You want to do something but you can’t you need somebody to coddle you. Everything is started looking artificial and pretended. Every smile, a little talk, a simple hello, it looks that we are doing formality with others.
The world is diamante which has a diaphanous line of deportment. I feel like a reckless fellow who lost the deportment of life and embittered on his own fortune. The anguishes of loneliness threw me in a ghastly world, which is giving me a scornful smile on my misfortune. The nostalgia of my life inculcates me into the turpitude of bemoaning. I try to confront each and every retreat of pragmatic way of life. But as a Zombie, I knocked off the affinity of liveliness. The sheath of affliction surrounded me with a vicious sling fest, which perpetually decimating me in this menace world.
The incongruity of mind left me to analyze the veracity and I certainly on every step try to probe the acknowledgement of doubt, why God gives us pain as then when we have been good to others?
After the everlasting cogitation, I find an outline of light seen against a dark background and showed me a retort of my vicissitude. I realized that everyone has inherent goodness, whenever God gives us a pain (no matter mentally or physically), it is only to take away something else worse that was going to happen or because he wants to forgive our mistakes. So he gives us a physical and mental pain instead which we can get rid of medicines and painkillers.
- MOHAMMED FARHAN KHAN
Sunday, March 29, 2009
Tuesday, March 24, 2009
THE INHERITANCE OF NEWS AT ITS WORST OF TIMES...
Every morning when I read a newspaper, I just get confused at what expression should I give and make on the news. Should I give a sweet or sad smile or make a happy or sorrowful face? A lot of things are happening these days simultaneously, so it is difficult for anybody to jump directly on conclusion. It creates a husky and dusky situation which ultimately led a hotch-potch of mind.
The situation which is in a worst of times, drowned everybody in the uncertain future. A wild goose chase by the world for its true color and to pass through a crisis safely makes the people of the world to lie and realize the Heisenberg’s principle of uncertainty which certainly apply on every aspect of life. The world is between scylla and charybdis.
The dizzying world economy and the highest temple of capitalism are collapsing. The economic slowdown became a nightmare for the private enterprises and multinational corporate, which finally led them on a ground (after creating an atmosphere of much hyped fake rises). Besides the economic dizziness, the world is psychologically spooling with the terror of terrorism. Terrorism became a major factor of economic slowdown; a large assortment of money has been continuously spending for the security protection and to fight with the world’s greatest evil, despite enduring the economic sluggishness.
At home, we also became a scapegoat of terror attacks, today only I read in a newspaper that the Indian creation of IPL (Indian premium league) became a NRIPL (non-resident Indian league). Now England or South Africa will host the IPL matches, and it is just because of the security purpose. Our country stands defeated before terror. It is also because of the respect given to the election in the country, as election is a bigger issue than the issue of IPL matches. The security wouldn’t be as strong as most of the security would take care of the elections. So it will be host by another country. It is a big shame for the big country like India that it won’t able to provide security for its own creation of art.
On the other hand, elections in India are always considered as the most distress period of times. All the parties of the country, even the national ones are busy in doing their mathematical calculation and balance for their security of seats. But none of the party has any vision for us or for the security of the country. We all know the final results would be a khichdi, whose ingredients are still open for guesswork. As India’s government is better known as (Jugaad government), so it will only stand with the power of coalition.
And our politicians, ufff……are the worst of kind in the world. Recently I heard a lot about Varun Gandhi (son of Sanjay and Meneka Gandhi), he said in his outrageous speech, “All the Hindus stay on this side and send the others to Pakistan. This is the lotus hand; it will cut their throats after elections.” This is what the remark of future politician who is going to take India’s future. Priyanka Gandhi rightly said that he needs ‘Bhagwata Geeta’ to cure the evil in himself. The young well educated politician has the communal feelings inscribed in him, so what could anybody expect for other older politicians. May be, Varun thinks he can bank on the family’s name to save himself after opening his shitty mouth. But I want to warn the politicians like Varun that don’t take the Indian voters’ silence lightly. It can burst you out of this politics. Every Hindu is matured now, he enthused by the prospect of better life, higher income and in which he can enjoy that income peacefully. So these outrageous speeches don’t have any effect on the Hindus of India. We know how to contempt the politicians like Varun in the battlefield. I hope that Election Commission will take some meaningful action against him; otherwise we the Indians will take some strenuous step against the politicians like Varun Gandhi who degraded the moral values of Gandhi name.
Well leaving apart this political business, the saddest thing happened yesterday was that the sweet lady and the darling of reality show ‘Jade Goody’ is no more with us. She died in sleep only, God give peace to her soul.
[Moun-vrat of 2 minutes for the soul of Jade Goody……]
The only thing which I like about yesterday newspaper is the news of arrival of the most awaited car in the world – the NANO. The small car is surely a big one. Ratan Tata (a man of his word and promise) and his team have done it and now they can say, “YES, WE CAN”. It is strong a setback to those automobile companies who thought the designing of car cannot be priced at this level, now here is the answer. It makes the evolution of automobiles. The NANO will surely become an affordable mode of transport for Indian families which were exposed to the weather and other dangers. It will affect the market of Maruti and two wheelers, as NANO is a better option for all of us and it will definitely affect the traffic police mamas, they have to plan a new traffic circulation in the big cities when the NANO will flown its full fledged hand.
OK that’s all for this post. I desire to convey more things than what I have jotted down here, but Time is not giving me permission as I have a lot of things to do.
- MOHAMMED FARHAN KHAN
[P.S. – I promised you in the previous post that I will show you some of the good and unusual photos which I have taken by my new cell phone. That will surely I show you but later. Don’t forget it …!]
The situation which is in a worst of times, drowned everybody in the uncertain future. A wild goose chase by the world for its true color and to pass through a crisis safely makes the people of the world to lie and realize the Heisenberg’s principle of uncertainty which certainly apply on every aspect of life. The world is between scylla and charybdis.
The dizzying world economy and the highest temple of capitalism are collapsing. The economic slowdown became a nightmare for the private enterprises and multinational corporate, which finally led them on a ground (after creating an atmosphere of much hyped fake rises). Besides the economic dizziness, the world is psychologically spooling with the terror of terrorism. Terrorism became a major factor of economic slowdown; a large assortment of money has been continuously spending for the security protection and to fight with the world’s greatest evil, despite enduring the economic sluggishness.
At home, we also became a scapegoat of terror attacks, today only I read in a newspaper that the Indian creation of IPL (Indian premium league) became a NRIPL (non-resident Indian league). Now England or South Africa will host the IPL matches, and it is just because of the security purpose. Our country stands defeated before terror. It is also because of the respect given to the election in the country, as election is a bigger issue than the issue of IPL matches. The security wouldn’t be as strong as most of the security would take care of the elections. So it will be host by another country. It is a big shame for the big country like India that it won’t able to provide security for its own creation of art.
On the other hand, elections in India are always considered as the most distress period of times. All the parties of the country, even the national ones are busy in doing their mathematical calculation and balance for their security of seats. But none of the party has any vision for us or for the security of the country. We all know the final results would be a khichdi, whose ingredients are still open for guesswork. As India’s government is better known as (Jugaad government), so it will only stand with the power of coalition.
And our politicians, ufff……are the worst of kind in the world. Recently I heard a lot about Varun Gandhi (son of Sanjay and Meneka Gandhi), he said in his outrageous speech, “All the Hindus stay on this side and send the others to Pakistan. This is the lotus hand; it will cut their throats after elections.” This is what the remark of future politician who is going to take India’s future. Priyanka Gandhi rightly said that he needs ‘Bhagwata Geeta’ to cure the evil in himself. The young well educated politician has the communal feelings inscribed in him, so what could anybody expect for other older politicians. May be, Varun thinks he can bank on the family’s name to save himself after opening his shitty mouth. But I want to warn the politicians like Varun that don’t take the Indian voters’ silence lightly. It can burst you out of this politics. Every Hindu is matured now, he enthused by the prospect of better life, higher income and in which he can enjoy that income peacefully. So these outrageous speeches don’t have any effect on the Hindus of India. We know how to contempt the politicians like Varun in the battlefield. I hope that Election Commission will take some meaningful action against him; otherwise we the Indians will take some strenuous step against the politicians like Varun Gandhi who degraded the moral values of Gandhi name.
Well leaving apart this political business, the saddest thing happened yesterday was that the sweet lady and the darling of reality show ‘Jade Goody’ is no more with us. She died in sleep only, God give peace to her soul.
[Moun-vrat of 2 minutes for the soul of Jade Goody……]
The only thing which I like about yesterday newspaper is the news of arrival of the most awaited car in the world – the NANO. The small car is surely a big one. Ratan Tata (a man of his word and promise) and his team have done it and now they can say, “YES, WE CAN”. It is strong a setback to those automobile companies who thought the designing of car cannot be priced at this level, now here is the answer. It makes the evolution of automobiles. The NANO will surely become an affordable mode of transport for Indian families which were exposed to the weather and other dangers. It will affect the market of Maruti and two wheelers, as NANO is a better option for all of us and it will definitely affect the traffic police mamas, they have to plan a new traffic circulation in the big cities when the NANO will flown its full fledged hand.
OK that’s all for this post. I desire to convey more things than what I have jotted down here, but Time is not giving me permission as I have a lot of things to do.
- MOHAMMED FARHAN KHAN
[P.S. – I promised you in the previous post that I will show you some of the good and unusual photos which I have taken by my new cell phone. That will surely I show you but later. Don’t forget it …!]
Friday, March 20, 2009
THE BEST MIRROR IS AN OLD FRIEND...
Before saying anything, I would like to say SORRY to all of my blogdosts. I am writing this post after so many days, I think it could have been my longest break yet. I don’t know wat happen to me? These days I am not in a mood to write anything, not even my favourite passtime of writing blog. This idleness takes me on the rack. I have so many works pending to complete, I have to submit 14 assignments, one project and 2 other writing works before 31st of march and after that exams are also giving me a sneering smile. Oh my God, “bacche ki jaan loge kya…???”
All in vain, the only thing which is on a smooth ride, is my daily routine of Gym. Yeah at last after two months of great effort I m able to restart my regular session and that too in a very dedicated manner (hats off for Farhan……!!!)
A few days ago, I went to Bombay to meet my friend where incidently I met my another friend whom I lost a decade back. [it is little bit difficult to acknowledge anyone specially when you have a memory of childhood image…]. Firstly I was in a doubt that may be I caughta wrong person, I couldn’t able to recognise him as he became a giant and muscular man. The only think I remember of him is his flat nose and curly hair and because of that only I was able to guess him. I never ever had imagined that I would be able to congregate him, but with the God’s grace I was sitting with him in a ‘coffee house of Mumbai central station’. It was a unforgettable moment for both of us.
Well somebody rightly said, that ‘Destiny makes everything possible, if you really wants to meet anyone then God also helps you’.
We reminded our old memories that how we were suspended, lied to parents and were reprimended, bunked school, got 1/10, lost cricket match, discussed girls and even fight with eachother several times. But as time is very fast and makes us busy, he went somewhere and I also had shifted to other place, leaving behind my old friends. All the day long I was with him only talking, discussing and gossiping about our old friends and their activities.
After meeting him I realized the purity of friendship we carried when we were a child. As we grow older, we lose that purity and kindness of friendship. We make friends and do friendship because we need them not because we love them. The life becomes selfish, inside the photogenic faces we carried a dark selfishness, our own interest to think of others.
I remember one phrase said by some (must be) experienced person, “Count your life by smiles not tears, count your age by friends not years”.
Well at the see off time, we exchanged our numbers and promised eachother to meet regularly whenever get a free time. As a Good friend, I gave him an invitation to visit pune and have a blast on weekened (lolss).
Ahhh……I forget to tell you one thing, in the meanwhile I bought a new cellphone for me – Nokia 5310 Xpress Music. It is a wonderful phone specially for the person like me who loves to listen music all the time. So these days I am enjoying with my new phone. I captured some of many good photographs (offcourse of girls also…hehehe), which I will show you later. Till then enjoy music on YOUR PHONE not mine lolllss……
- MOHAMMED FARHAN KHAN
All in vain, the only thing which is on a smooth ride, is my daily routine of Gym. Yeah at last after two months of great effort I m able to restart my regular session and that too in a very dedicated manner (hats off for Farhan……!!!)
A few days ago, I went to Bombay to meet my friend where incidently I met my another friend whom I lost a decade back. [it is little bit difficult to acknowledge anyone specially when you have a memory of childhood image…]. Firstly I was in a doubt that may be I caughta wrong person, I couldn’t able to recognise him as he became a giant and muscular man. The only think I remember of him is his flat nose and curly hair and because of that only I was able to guess him. I never ever had imagined that I would be able to congregate him, but with the God’s grace I was sitting with him in a ‘coffee house of Mumbai central station’. It was a unforgettable moment for both of us.
Well somebody rightly said, that ‘Destiny makes everything possible, if you really wants to meet anyone then God also helps you’.
We reminded our old memories that how we were suspended, lied to parents and were reprimended, bunked school, got 1/10, lost cricket match, discussed girls and even fight with eachother several times. But as time is very fast and makes us busy, he went somewhere and I also had shifted to other place, leaving behind my old friends. All the day long I was with him only talking, discussing and gossiping about our old friends and their activities.
After meeting him I realized the purity of friendship we carried when we were a child. As we grow older, we lose that purity and kindness of friendship. We make friends and do friendship because we need them not because we love them. The life becomes selfish, inside the photogenic faces we carried a dark selfishness, our own interest to think of others.
I remember one phrase said by some (must be) experienced person, “Count your life by smiles not tears, count your age by friends not years”.
Well at the see off time, we exchanged our numbers and promised eachother to meet regularly whenever get a free time. As a Good friend, I gave him an invitation to visit pune and have a blast on weekened (lolss).
Ahhh……I forget to tell you one thing, in the meanwhile I bought a new cellphone for me – Nokia 5310 Xpress Music. It is a wonderful phone specially for the person like me who loves to listen music all the time. So these days I am enjoying with my new phone. I captured some of many good photographs (offcourse of girls also…hehehe), which I will show you later. Till then enjoy music on YOUR PHONE not mine lolllss……
- MOHAMMED FARHAN KHAN
Wednesday, March 4, 2009
A SUITABLE NOVEL...
“How do you read this much digest novel?” a person asked me, sitting in a sleeper class compartment.
I replied, “I don’t have to complete it in one day, it takes me several days, sometimes a few months and it is very interesting novel, every time I read two pages it makes me more curious to go further”.
It happens when you see somebody to have such a digest novel and u become impatient because of the thickness of it. When I was a child I too became agitated and can’t digest the digest novels, but gradually my age overpowers this habit and now I develop little patience for novels and digests.
Recently I saw Vikram Seth’s ‘A Suitable boy’, oh my God!! How he had written it? I was stunned- amazed-dazed as it contains 1273 pages. It was a huge novel, having a big and heavy size. I wonder how anyone carries it on a trip and I have no doubt if I throw it on anyone he get injured or if he is unlucky possibly he can die also. Then I thought may be, he (Vikram Seth) is the most patient person in the world. The shock took me to remember my mathematics book of 12th class (R.D.sharma), I think it has more pages than this novel. Certainly I realize reading a novel is an easy task than solving those horny calculus questions. If I could solve those horniest thing, than I can read this novel also. Thanks for R.D.sharma for boosting my patience.
My friend is also a writer, in fact a very good writer. He is writing a three novels and one among them is on my life, not a biography (hehehe…not yet a starry life) but on a particular experience of my life.
I told him,“see Vikram Seth’s ‘a Suitable boy', you should take inspiration from him. He has written such a huge novel and you are not able to complete one single novel also”. Then he replied in a funny way, “Why shouldn’t I combine my all three novels and make it a multiple story novel like what Ram Gopal Verma did in his films ‘Darna mana hai’ and ‘Darna zaroori hai’.” I quickly responded,”Then I m sure bhai, people will address it as a 'A. ki novel' (RGV’s ki aag)” and we both broke into a laugh.
Well after this long perpetual incidence, I made my mind to buy “a suitable boy” and at least once in my lifetime I should have to read this heavy novel. So that I can say to my friends, that I am not impatient person because I read “A SUITABLE BOY”.
- MOHAMMED FARHAN KHAN
I replied, “I don’t have to complete it in one day, it takes me several days, sometimes a few months and it is very interesting novel, every time I read two pages it makes me more curious to go further”.
It happens when you see somebody to have such a digest novel and u become impatient because of the thickness of it. When I was a child I too became agitated and can’t digest the digest novels, but gradually my age overpowers this habit and now I develop little patience for novels and digests.
Recently I saw Vikram Seth’s ‘A Suitable boy’, oh my God!! How he had written it? I was stunned- amazed-dazed as it contains 1273 pages. It was a huge novel, having a big and heavy size. I wonder how anyone carries it on a trip and I have no doubt if I throw it on anyone he get injured or if he is unlucky possibly he can die also. Then I thought may be, he (Vikram Seth) is the most patient person in the world. The shock took me to remember my mathematics book of 12th class (R.D.sharma), I think it has more pages than this novel. Certainly I realize reading a novel is an easy task than solving those horny calculus questions. If I could solve those horniest thing, than I can read this novel also. Thanks for R.D.sharma for boosting my patience.
My friend is also a writer, in fact a very good writer. He is writing a three novels and one among them is on my life, not a biography (hehehe…not yet a starry life) but on a particular experience of my life.
I told him,“see Vikram Seth’s ‘a Suitable boy', you should take inspiration from him. He has written such a huge novel and you are not able to complete one single novel also”. Then he replied in a funny way, “Why shouldn’t I combine my all three novels and make it a multiple story novel like what Ram Gopal Verma did in his films ‘Darna mana hai’ and ‘Darna zaroori hai’.” I quickly responded,”Then I m sure bhai, people will address it as a 'A. ki novel' (RGV’s ki aag)” and we both broke into a laugh.
Well after this long perpetual incidence, I made my mind to buy “a suitable boy” and at least once in my lifetime I should have to read this heavy novel. So that I can say to my friends, that I am not impatient person because I read “A SUITABLE BOY”.
- MOHAMMED FARHAN KHAN
Tuesday, March 3, 2009
WHETHER THE CRIME OF TERRORISM COULD BE PROSECUTED AT THE ICC?
[This article is dedicated to my friend for whom i have written]
Though the prodigy of Terrorism has been existent from many decades, but it has gained international recognition after the dreadful attack of terrorist on world trade center on 11h September 2001. From then, the activities of terrorist has gained in frequency and the various groups of terrorist has proven that by operating on a network basis it can spread terrorists around the globe to undertake attacks in various parts of the world. So now terrorism is not merely a domestic problem and in the future we will not be able to rely on domestic legislation only. It is necessary to determine international concepts and approaches which tackle crimes of terrorism on an International level as well.
After the sixtieth ratification, the Rome statute entered into force, in accordance with Article 126(1) and created the world’s first permanent International Criminal court with a seat at The Hague. Article 1 of the Rome statute states that “(the court) shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern”; these crimes comprise Genocide (Art.6), Crimes against Humanity (Art.7) and War Crimes (Art.8). After extensive debates, the negotiators agreed to also include the crime of aggression. However, the ICC will not exercise jurisdiction over the crime of Aggression unless agreement is reached regarding how to define the crime and regarding the conditions for the court’s exercise of jurisdiction over it.
At the heart of current debate, I am here to explore what role the international criminal court might play in combating terrorism in terms of international law enforcement. In 2009, a review conference will take place to consider whether the Rome statute should be amended and the crimes of Terrorism should be prosecuted at ICC?
However many scholars assert that some terrorist acts could be prosecuted as crimes against humanity, but this is not a favorable condition, a more explicit jurisdiction over the crimes of terrorism would be beneficial because terrorism is really a separate category of crimes and it mandates separate prosecution.
The concept of ‘Crimes against humanity’ is defined under Art.7 of ICC statute, which as follows, “[Crimes against Humanity] is describes such an attack, a course of conduct involving the multiple commission of Acts…and condemns widespread systematic attacks targeted at any civilian population” Hence, all Al-Qaeda attacks considered indicate a systematic policy which aims to target and destroy American symbols or facilities like the World Trade Center or American lives. But what about the previous attacks? How many such single attacks have to occur in order to count as ‘systematic’ in terms of crimes against Humanity? Even if all these attacks are carried out by same group, one could argue that intervals in which they occurred are much too broad to reveal a regular pattern. It follows that the first few attacks could not be tried as crimes against Humanity, unless they met the ‘widespread’ criteria. However, in order to get the criteria of ‘crimes against Humanity’, it could be carried as massive, frequent, large scale action, collectively with considerable seriousness and directed against a multiplicity of victims. Then, does the bombing in Saudi Arabia in 1995 constitute crimes against Humanity? Only seven people were killed then or the bombing of the USS Cole in October 2000, where seventeen were killed and 39 injured? Both these latter cases clearly do not meet high threshold criteria, and therefore could not be tried as crimes against Humanity. Consequently, terrorists would escape ICC prosecution. There needs to be an opportunity to prosecute terrorists without having to prove that terrorist’s acts are parts of a systematic or widespread attack. By including crimes of Terrorism in Art.7 of the ICC statute certain terrorist could not be prosecuted by the ICC.
The fact that several anti-terrorist conventions already exist should facilitate the formulation of a provision concerning crimes of terrorism. Certain delegates of the preparatory committee for the Rome conference opposed the inclusion of treaty based crimes as it can overburden the ICC. They also alleged that the court had limited financial and personnel resources, it could run the risk of danger of financial deficit and other general acceptance. However, according to the ‘Complementarily principle’, ICC will only exercise jurisdiction if a state is not already doing so genuinely, it exercise its jurisdiction only if state is not able to prosecute the terrorist due to some personal reasons.
The advantage of prosecuted the crime of Terrorism in the ICC gives a benefit at large as smaller states will particularly benefit because of their lack the financial resources to prosecute terrorists. Colombia, for example has been faced with this dilemma time and again. An international concerted effort against terrorism will be efficient only and if the claims of all states will be taken seriously.
Secondly, as the ICC is a neutral forum for prosecution in the international level. The neutrality of the ICC could contribute to a more effective prosecution of terrorists. It could help avoid the possibility that terrorists seek shelter in states that distrust the judicial system of the victimized state, do not want to extradite for political reasons or are simply unwilling to prosecute. And it would potentially minimize the risk of states acting in violation of international law and against international concerns by refusing to extradite or prosecute. And ICC on the contrary, consisting of an international and geographical equitable selected panel of judges, in an unbiased forum.
In a concluding way, it is important to amend the ICC statute with an express provision concerning crimes of terrorism. One has to keep in mind that terrorism is a separate category and as such deserves separate contemplation and prosecution. Therefore, the ICC should not charge terrorists with already existing crimes like crimes against Humanity or War crimes. As I have already mentioned above that not all terrorists’ acts meet the high threshold of crimes against humanity. Consequently certain terrorists could escape ICC jurisdiction even though there act was extremely disgraceful or a serious crime of international concern.
The ICC is currently the only capable international institution that could fill the gap b/w terrorist and prosecution and with sufficient support of international community, the ICC could be a powerful mechanism to deal with it. It would be serious setback if the court would allow prosecuting the crimes like terrorism.
- MOHAMMED FARHAN KHAN
Though the prodigy of Terrorism has been existent from many decades, but it has gained international recognition after the dreadful attack of terrorist on world trade center on 11h September 2001. From then, the activities of terrorist has gained in frequency and the various groups of terrorist has proven that by operating on a network basis it can spread terrorists around the globe to undertake attacks in various parts of the world. So now terrorism is not merely a domestic problem and in the future we will not be able to rely on domestic legislation only. It is necessary to determine international concepts and approaches which tackle crimes of terrorism on an International level as well.
After the sixtieth ratification, the Rome statute entered into force, in accordance with Article 126(1) and created the world’s first permanent International Criminal court with a seat at The Hague. Article 1 of the Rome statute states that “(the court) shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern”; these crimes comprise Genocide (Art.6), Crimes against Humanity (Art.7) and War Crimes (Art.8). After extensive debates, the negotiators agreed to also include the crime of aggression. However, the ICC will not exercise jurisdiction over the crime of Aggression unless agreement is reached regarding how to define the crime and regarding the conditions for the court’s exercise of jurisdiction over it.
At the heart of current debate, I am here to explore what role the international criminal court might play in combating terrorism in terms of international law enforcement. In 2009, a review conference will take place to consider whether the Rome statute should be amended and the crimes of Terrorism should be prosecuted at ICC?
However many scholars assert that some terrorist acts could be prosecuted as crimes against humanity, but this is not a favorable condition, a more explicit jurisdiction over the crimes of terrorism would be beneficial because terrorism is really a separate category of crimes and it mandates separate prosecution.
The concept of ‘Crimes against humanity’ is defined under Art.7 of ICC statute, which as follows, “[Crimes against Humanity] is describes such an attack, a course of conduct involving the multiple commission of Acts…and condemns widespread systematic attacks targeted at any civilian population” Hence, all Al-Qaeda attacks considered indicate a systematic policy which aims to target and destroy American symbols or facilities like the World Trade Center or American lives. But what about the previous attacks? How many such single attacks have to occur in order to count as ‘systematic’ in terms of crimes against Humanity? Even if all these attacks are carried out by same group, one could argue that intervals in which they occurred are much too broad to reveal a regular pattern. It follows that the first few attacks could not be tried as crimes against Humanity, unless they met the ‘widespread’ criteria. However, in order to get the criteria of ‘crimes against Humanity’, it could be carried as massive, frequent, large scale action, collectively with considerable seriousness and directed against a multiplicity of victims. Then, does the bombing in Saudi Arabia in 1995 constitute crimes against Humanity? Only seven people were killed then or the bombing of the USS Cole in October 2000, where seventeen were killed and 39 injured? Both these latter cases clearly do not meet high threshold criteria, and therefore could not be tried as crimes against Humanity. Consequently, terrorists would escape ICC prosecution. There needs to be an opportunity to prosecute terrorists without having to prove that terrorist’s acts are parts of a systematic or widespread attack. By including crimes of Terrorism in Art.7 of the ICC statute certain terrorist could not be prosecuted by the ICC.
The fact that several anti-terrorist conventions already exist should facilitate the formulation of a provision concerning crimes of terrorism. Certain delegates of the preparatory committee for the Rome conference opposed the inclusion of treaty based crimes as it can overburden the ICC. They also alleged that the court had limited financial and personnel resources, it could run the risk of danger of financial deficit and other general acceptance. However, according to the ‘Complementarily principle’, ICC will only exercise jurisdiction if a state is not already doing so genuinely, it exercise its jurisdiction only if state is not able to prosecute the terrorist due to some personal reasons.
The advantage of prosecuted the crime of Terrorism in the ICC gives a benefit at large as smaller states will particularly benefit because of their lack the financial resources to prosecute terrorists. Colombia, for example has been faced with this dilemma time and again. An international concerted effort against terrorism will be efficient only and if the claims of all states will be taken seriously.
Secondly, as the ICC is a neutral forum for prosecution in the international level. The neutrality of the ICC could contribute to a more effective prosecution of terrorists. It could help avoid the possibility that terrorists seek shelter in states that distrust the judicial system of the victimized state, do not want to extradite for political reasons or are simply unwilling to prosecute. And it would potentially minimize the risk of states acting in violation of international law and against international concerns by refusing to extradite or prosecute. And ICC on the contrary, consisting of an international and geographical equitable selected panel of judges, in an unbiased forum.
In a concluding way, it is important to amend the ICC statute with an express provision concerning crimes of terrorism. One has to keep in mind that terrorism is a separate category and as such deserves separate contemplation and prosecution. Therefore, the ICC should not charge terrorists with already existing crimes like crimes against Humanity or War crimes. As I have already mentioned above that not all terrorists’ acts meet the high threshold of crimes against humanity. Consequently certain terrorists could escape ICC jurisdiction even though there act was extremely disgraceful or a serious crime of international concern.
The ICC is currently the only capable international institution that could fill the gap b/w terrorist and prosecution and with sufficient support of international community, the ICC could be a powerful mechanism to deal with it. It would be serious setback if the court would allow prosecuting the crimes like terrorism.
- MOHAMMED FARHAN KHAN
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