(2)
Measures taken after the commission of the act such as the skilful use of the media to destroy the credibility of the terrorist cause and to convince the people that the responsibility for the act devolves at all stages solely upon the terrorist
One dif.culty in exercising deterrence against terrorism in general and interna-tional terrorism in particular is that often, the measures taken are not effective enough to convince the terrorist that in the end, more harm would be caused to him than good. Negotiation with the terrorist in particular has to be done by profes-sionals specially trained for the task. A fortiori, the media has to be handled by specialists with experience. Things would be much more dif.cult for the terrorist if these were done. The greatest problem of deterrence is the pusillanimity of the international community in the face of terrorism and the feeble response offered by States as a composite body. The reasons for this hesitation on the part of the international community to adopt effective measures against international terrorism is by no means inexplicable. When one State supports a revolutionary cause which is aimed against another, it is quite natural that the terrorist is aware of the support he is capable of obtaining from at least one part of the already polarized world. Therein lies the problem.
V. Threat Assessment in ICAO
It is incontrovertible that the underlying philosophical enigma involving the spectre of potential collateral damage should not stop the international community from reacting to terrorism. This is particularly so in civil aviation where weapons of mass destruction accounted for 1,993 lives in the Twin Towers on 11 September 2001 and the threat of a similar repeat offence has not entirely disappeared. Against this backdrop, the three grave and emerging threats to civil aviation are bioterrorism, cyber-terrorism and the misuse of shoulder launched surface to air missiles.15
At its 33rd session held in Montreal from 25 September – 5 October 2001, the ICAO16
Assembly adopted Resolution A33-117
which was a direct response to the terrorist acts of 9/11. The Resolution recognized that a new type of threat was posed to civil aviation which required new concerted efforts and policies of cooperation on the part of States. The Resolution also urges all ICAO member States to ensure, in accordance with Article 4 of the Chicago Convention,18
that civil aviation is not used for any purpose inconsistent with the aims of the Convention, and to hold accountable and punish severely those who misuse civil aircraft as weapons of destruction, including those responsible for planning and organizing such acts or for aiding, supporting or harbouring perpetrators. It also called upon States to cooper-ate with each other in this endeavour and to ensure that ICAO Standards and Recommended Practices (SARPs) relating to aviation security are adhered to.
15There is also a new dimension in the sabotage of aviation which results in damage caused by the hostile use of dirty bombs, electromagnetic pulse devices or biochemical materials. Dirty bombs are devices which cause damage through nuclear detonation involving the spread of radioactivity to undetermined areas. This article will not address this threat. However, for a detailed discussion on this threat see Abeyratne (2005, pp. 117–129).
16The International Civil Aviation Organization, a specialized agency of the United Nations, was established by Article 44 of the Convention on International Civil Aviation (Chicago Convention), signed at Chicago on 7 December 1944 (ICAO Doc 7300/9, Ninth Edition, 2006). The main objectives of ICAO are to develop the principles and techniques of international air navigation and to foster the planning and development of air transport. ICAO has 190 Contracting States. ICAO’s Mission and Vision Statement is “to achieve its mission of safe, secure and sustainable develop-ment of civil aviation through cooperation amongst its member States”. In December 2004, following a decision by the 35th Session of the ICAO Assembly, the Council of ICAO approved six Strategic Objectives for 2005–2010: They are: safety; security; environmental protection; ef.ciency; continuity; and rule of law. The Strategic Objective applicable to this article is security.
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