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QUID 2018, pp. 120-124, Special Issue N°2, ISSN: 1692-343X, Medellín-Colombia

BASIC APPROACHES AND DEFINITIONS OF INTERNATIONAL ENFOQUES BÁSICOS Y DEFINICIONES DEL CIBERTERRORISMO INTERNACIONAL

(Recibido el 26-05-2018. Aprobado el 19-07-2018)

PhD. Anna I. Rozentsvaig PhD. Kseniya E. PhD. Anna V. Gubareva Samara National Research Kovalenko Ural Law University, University, Altai State University, Ekaterinburg, Russian Federation Associate professor, PhD in Law, Vice- Associate professor, PhD in Law, [email protected] dean of the Faculty of Law,Department Department of Labor, of Theory and History of State and Law Environmental Law and Civil and International Law, Samara, Procedure, Law Institute Barnaul, Russian Federation, Russian Federation. [email protected] [email protected]

Abstract. In today's world, there is a global problem that threatens the tranquility of all humanity whose name is . Terrorism as a phenomenon, has three characteristics, peculiar attributes, which can be characterized as wrongfulness, surprise, of victims. For an extensive description of such accompanying definitions it is not enough, therefore, for a complete nature it is necessary to uncover concepts to this definition from the point of view of different approaches. It's not a secret for anyone that there is not one precise, fixed definition of the concept of terrorism, each author interprets it in his own way. Terrorism is an unlawful act carried out by a person or group of people with self- serving intentions, which has the nature of danger, surprise and massacre of victims in order to intimidate the population in order to fulfill certain tasks on their part from the authorities.

Keywords. Terrorism, clever, , .

Citar, estilo APA: Rozentsvaig, A., Kovalenko, K. & Gubareva, A. (2018). Basic approaches and definitions of international cyberterrorism. Revista QUID (Special Issue), 120-124.

277 of the Criminal Code of the Russian Federation. A.I. Dolgova characterizes terrorism as a variety of 1. INTRODUCTION terrorist manifestations (acts), points to the complex, tribal nature of terrorism in relation to a Let us turn directly to the approaches in the number of generally dangerous acts and to the fact . Terrorism has characteristic that "the concept of terrorism is much broader than features in various fields, like science, religion, the concept of crime of a terrorist nature." In her politics. Considers that the definition of VI. Dahl opinion, terrorism is the commission of socially corresponds to reality to a greater extent to the dangerous, criminally punishable acts in relation to concept of terrorism, thus, "terrorism" - as an life, health of people, rights and legitimate interests endeavor to intimidate death, execution, threats of of various actors in order to force a third party to and physical destruction, cruel punitive take the decisions required by terrorists. measures and torture, executions. This definition more determines the historical aspect, and at the To gain a deeper understanding of what moment with the development of science, international terrorism is, it is necessary to technology, of mass destruction, terrorism understand its types. To date, distinguish types of is progressing in the ways of its manifestation. terrorism by two criteria. The first criterion is territorial: intra- and international The modern dictionary of foreign words interprets terrorism, the second criterion for criminal as a policy of intimidation, suppression of motivation: political, national and religious. In political and class opponents with the use of studying this issue, we drew attention to a more violence, including physical destruction; a means of detailed description of the types of terrorism, which achieving political and other goals through is given in the article by D. Sochnev. and M. Abasov sabotage, killing, , etc. In their opinion, terrorism can be divided into the following types and forms: state, ethnic, economic- criminal, targeted, individual, revolutionary, 2. DISCUSSION economic, criminal and . This classification is more detailed and allows us to focus Terrorism is a derivative of the term terror. Thus, on a more extensive interpretation of the listed types according to K.V. Zharinov terror is the of terrorism. implementation of repressions by the state against its citizens and political opposition in order to Some authors divide the state terrorism into internal paralyze its domination, and terrorism is inherent in and external state. If the first subspecies is typical oppositional political groups. According to E.P. for a single country that by violence is struggling or Kozhushko, terror is a policy of repression by the trying to fight any kind of dissent on the part of the state, based on the power of its institutions, and opposition authorities, then the external state terrorism is violence carried out by opposition absorbed itself the use of violence already abroad. It groups. The of terror is repression, and the is considered the most dangerous and is divided into terrorist act is a weapon of terrorism. From here it is conspiratorial and . We can say that such a possible to trace the difference, the terrorist act has subspecies is conspiratorial, and even in general a one-off and suddenness, and terror has the state terrorism supports the theory of artificially character of duration. The main similarity is created terrorism. violence. Ethnic terrorists set a goal to change the legislation In the definition of terrorism, there is an approach of the state towards the interests of their ethnicity. that reveals its essence collectively, that is, under An example of left-wing ethnic terrorism is the several , all of which are committed with Basque ETA (ETA - Euskadi Ta Askatasuna, a violence. Basque terrorist organization). The Basque country itself is an unrecognized officially international M.F. Musaelyan points to the opinion of such an community, located on the border of Spain and author as A. V. Gyske, who under terrorism is . The right ethnic - Chechen terrorists. The understood as the totality of crimes committed using most dangerous branch is the right one, an example violence. A. Brilliantov and V. Burkovskaya argue of which is the capture of in the of that terrorism is a complex social phenomenon, Budyonnovsk in 1995. while the actions provided for in Art. 205 of the Criminal Code of the Russian Federation, are only Economic-criminal is most similar to the activities one of its possible manifestations alongside, for of an organized criminal group (hereinafter OCG), example, with the acts provided for in Art. 206 and as the struggle for spheres of influence in the

economy, the individual more involves terrorism extend to the category of marine terrorism blackmailing one individual to achieve a goal from in full. the authorities, manifested in the seizure of air transport, the revolutionary more deepens into At the same time, L.A. Mogiorian believes that the history, an example of which is the expression of main danger of terrorism at sea is not only that it "Narodnaya Volya", the criminal is connected with threatens the safety of maritime navigation, but also contract killings of politicians at the request of tramples on the social principle of freedom of the influential bankers. seas. In this regard, the question arises of the correlation between the phenomena of sea Equally interesting are religious, computer, and terrorism at sea, as crimes that encroach on the ecoterrorism. Religious, for example, is the most freedom and safety of navigation and require the dangerous and frequent, arising on the basis of application of measures to respond to such religious affiliation and the protection of its manifestations of violence in the sea. interests. L.A. Mogiorian said that the terrorism on the sea is As for international terrorism, such an author as slightly different from the piracy known from time L.A. Mogiorian detailed his vision. International immemorial. At the same time, L.A. Mogiorian terrorism, in his opinion, is determined by signs, admits that pirates tend to pursue personal goals, of namely: if the terrorist act is committed in which enrichment is common, while terrorists are absolutely other countries than there, citizens of inspired by political aspirations that can be which are the terrorists themselves, if the crime is expressed in the struggle of certain political groups directed against persons who enjoy international for power. protection, if the preparation itself took place outside the country's national belonging to terrorists, Now we will trace such moments of the if a terrorist commits an act in one state. And he manifestation of terrorism as taking a human or takes refuge in quite another - the question arises of group of persons . his . In general, international terrorism In the Russian legislation, this crime has a separate most often manifests itself in an attack on officials qualification, but is closely related to Art. 205 of the of another state - ambassadors, consuls, on ships and Criminal Code of the Russian Federation, that is, a buildings enjoying international protection. terrorist act. At the international level, such crimes Important is the issue of a small deepening in the are also closely related. The main difference is that concept of terrorism at sea (piracy) and terrorism in the terrorist act itself a priori leads to casualties, and information systems (cyberterrorism). As for piracy, the capture of the hostage by the terrorists of the the clearest parameters are reflected in the United victims may not have, depending on this, Nations Convention on the Law of the Sea of 1982 qualifications to differ. The time has come when the in Art. 101. Piracy, according to this document, any world community needed to take concrete actions in act of a forcibly detained private vessel by another the fight against terrorism and in particular with vessel for the purpose of robbing ship's citizens, the hostage taking. In connection with this property of a ship on the high seas, and any aircraft circumstance, in 1963, the on in open airspace, as well as the voluntary use of crimes and certain other actions committed on board another's ship in their own interests in contradiction an aircraft was adopted, and after 7 years the Hague interests of passengers and ship owners. Convention on the Suppression of Unlawful Seizure of the Aircraft was adopted. The seizure of an The most comprehensive definition of maritime aircraft poses a danger to those who are in it, terrorism is contained in the Rome Convention for accordingly, passengers and crew act as hostages, to the Suppression of Unlawful Acts against the Safety ensure the invaders own security and bring their of Maritime Navigation of 1988, which refers to criminal intent to the end. terrorism as: deliberate seizure, damage to a ship or cargo, violent encroachment on persons on board, An important achievement for the world community and other actions, threatening the safe navigation of in the fight against hostage-taking was the adoption the vessel. by the UN General Assembly on December 17, 1979. resolution 34/146, which was opened for Thus, terrorism at sea is one of the manifestations of signature and ratification of the International international terrorism, characterized by special Convention against the Taking of Hostages. And methods and conditions of commission, while the only in 1987, after the USSR ratified the main features and characteristics of international International Convention Against the Taking of Hostages, criminal responsibility for such an act was

introduced. Consequently, we can trace this The number of Internet users is constantly growing. concept, according to these international legal acts. In the US, they are 158 million, in Europe - 95, in According to Art. 1 of the Hague Convention for the Asia - 90, in America - 14, and in Africa - 3. Suppression of Unlawful Seizure of Aircraft: any In Russia, according to various estimates, the person on board an aircraft in flight who: number of Internet users is about 8 million. Connection to the Internet is possible from a) unlawfully, by violence or threat of violence, or anywhere in the world. If to speak about the by any other form of intimidation, seizes or controls developed infrastructure, in this context the Internet the aircraft, or attempts to commit any such act, or covers today more than 150 countries of the world. b) is an accomplice in a person who commits or The rapid development of informatization has also attempts to commit any such act, commits a crime. led to the emergence of new types of crimes, such as Also according to Art. 1 of the International computer crime and computer terrorism. Convention against the Taking of Hostages: As a new and insufficiently studied criminal 1. Any person who seizes or detains another person phenomenon, cyberterrorism deserves special and threatens to kill, damage or continue to detain attention and requires a special approach to solving another person (hereinafter referred to as "hostage") this dangerous for mankind problem. Of particular in order to force a third party, and namely: the state, concern to law enforcement agencies are the the international intergovernmental organization, terrorist acts related to the use of the global Internet, any natural or legal person or group of persons - to from whose open sources it is possible to obtain a commit or refrain from the commission of any act as technology for the manufacture of biological, a direct or indirect condition for the release of the chemical and even nuclear weapons of terrorists. hostage, committed the crime of hostage-taking Hacking websites, cyber-terrorists gain access to within the meaning of this Convention. information of various kinds, including secret 2. Any person who information. a) tries to commit an act of taking hostages or Computer terrorism is increasingly rapidly and "effectively" acquiring a color of international, b) takes part as an accomplice of any person who global and, in accordance with a number of commits or attempts to commit an act of taking international instruments, cyber terrorism is one of hostages, also commits an offense for the purposes the international crimes. of this Convention. Not the last place at the present time is the political Terrorism is closely linked with separatism. In motivation for inflicting cyber attacks on various today's world, the largest centers of separatism have infrastructures of developed countries. The main a regional specificity, which is similar in targets of electronic terrorists were the United geographically close conflicts. Most of the major States, Britain, Germany, Australia, Brazil, centers of separatism and the ongoing bloody ethno- Denmark. The confrontation of the digital world religious conflicts are near the imaginary axis, against the US has increased in response to the mountain chains, places passing from the British policy pursued towards and the support of Isles through Middle Europe, the Balkans, the Israel. This can be confirmed by the recent attack by Caucasus, the highest mountain systems of the Unix Security Gadz on a number of corporate and Hindu Kush, Pamir and the Himalayas to the islands government systems in protest against the planned of the largest Sunda archipelago in the world. To US-British military action against Iraq. this giant Eurasian arc, 36 of the 49 largest separatist conflicts in the world are tending, as a rule, the most The number of cyber attacks against American intense and fierce, for example in Kosovo, government bodies in September was twice the Chechnya, Kurdistan, Kashmir. This axis was called number of attacks in August. For example, the the belt of instability. emergence of a new worm VBS / Nedal (Laden versa). For its distribution, the worm uses the text And yet, how does separatism differ from terrorism? associated with the sad events of September 11, Everything is very simple: terrorism is an act of a 2001 in New York. VBS / Nedal is a destructive mortal attack against humanity or a certain group of malicious code that destroys the contents of individuals in general, for the sake of some idea, executable files. It is distributed by e-mail, sending separatism for the separation of a certain territory itself to each recipient found in the Microsoft from the state itself is equated with terrorism for the Outlook Address Book on the infected computer. mass of victims.

terror "and" terrorist act. Journal Of Russian Law. 1. 3. CONCLUSION Gyske A.V. (2000). Theoretical and methodological To date, terrorist acts are carried out much more aspects of ensuring public safety of the often than hostage-taking, however, such incidents Russian Federation. . happen absolutely in any places - shopping centers, hotels, theaters, by plane, on a ship. It happens very Brilliantov A., Burkovskaya V. (2003). On the issue mercantilely - the material benefit for the ransom of of directions of unification of the legislations peaceful and innocent citizens, for the purchase of of the CIS member states on the fight against new types of weapons in the future to continue the terrorism and hostage-taking. Criminal law. oppression of the masses of people. Dolgov A.I. (2005). Specification of the concept of Thus, summing up the first paragraph, we come to terrorism in criminological and legal the following conclusions: there is no precise purposes. Criminal Law. definition of the concept of terrorism; terrorism differs from terror; there are several aspects of Sochnev D.V., Abasov M.M. (2013). The main terrorism, often encountered and practiced by types and most common forms of criminals such a "plan", in particular cyber international terrorism. Police and terrorism, terrorism at sea, hostage taking. investigative activities. Proceeding from the proposed definitions by Criminal Code of The Russian Federation. Part Two different authors, I can say that closer to my point of (1996). Legal reference system "Consultant view and in general the formation of an Plus". Retrieved May 29, 2018. Recuperado understanding of international terrorism and de terrorism as a whole had all the definitions. One http://www.consultant.ru/document/cons_do definition supplements the other, and whose c_law_10699/. subjective judgment turns out to be more complete and understandable if it is combined with a similar Modzhoryan L. (1983). Terrorism: truth and fiction. but more narrowly defined one. A great interest was Moscow. caused by the article by D. Sochnev and M. Abasov, namely, how they disclose these species. A separate opinion formed the delineation of ethnic and religious terrorism. Earlier there was a difficulty with the distinction of such species. Now it can be said with certainty that ethnic is more connected not with the manifestation of the religion of ethnic groups, but with national identity and the consolidation of such ethnic groups in a certain territory, not without an aspect of religious relations.

REFERENCES

Musaelyan M. F. (2009). Concept "terrorism" and its relation with the concepts of "terror" and "terrorist act". Journal of Russian Law, 1 (145). Zharinov K.V. (1999). Terrorism and terrorists. Directory. Moscow. Kozhushko E.P. (2000). Modern terrorism: an analysis of the main directions. Minsk. Musaelyan M.F. (2009). The concept of" terrorism "and its correlation with the concepts of"