JPRS ID: 10094 USSR REPORT POLITICAL AND SOCIOLOGICAL AFFAIRS

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• Content Type: REPORTS

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JPRS L/ 10094
4 November 1981

I
~
= USSR Re ort
p
= POLITICAL AND SOCIOLOGICAL AFFAIRS
(FOUO 27/81)
Fg~$ FOREIGN BROADCA~T INFORMATION SER~/I~CE
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F~~H c~F�F'!('1.~1 li~E UN1.1'
JPRS L/10094
' 4 November 198Z
- USSR REPORT .
POLITICAL AND SOCIOLOGICAL AFFAIRS
_ t~9Ur~ 27/81)
CONTENTS
INTERNATIONAL
International Cooperation in Preventing Terrorism Emphasized
(I. P, Blishchenko, N. V. Zhdanov; SOVETSKOYE GOSUDARSTVO
I PRAVO, Aug 81) 1
NATIONAL
Book on Development of Soviet National Relationa Reviewed
(L. M. Drobizheva, et al.; ISTORTYA SSSR, No 4, 1981) 12
REGIONAL
Positive National Differences To Remain, Says Scholar
(Y. V. Bromley; AZARBAYJAN KOMMUNISTI, No 7, 1981) 16
- a - [ III - USSR - 35 FOUO]
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~ . INTERNATIONAL
ii
INTERr?ATIONAL COOPERATION IN PREVENTING TERRORISM EM't'HA3I2ED
Moscow SOVETSKOYE COSUDARSTVO I PRAVO in Russian No 8, Aug 81 pp 110-119
~Article by I. P. Blishchenko, ].eading researcher on the I,earned Council for Re-
search on the Problems of Peace and Disarmament, doctor of juridical aciences~
professor, and N. V. Zhdanov, candidate of juridical sciencese "Cooperation be-
tween States 1n Ccmbattin~ Terrorist Acts of an International Nature'!J
_ ~TextJ Since the late 196o's the xorld press has begun to publish with increasin,~g
frequency alarming accounts about airplane hi3aGkings, explosions in emt~assies.
kidna,pping of diplomats, provocatlons and direct attacks on various governmental
and non-governmental bodies, as well as about the use of the mai2s to send plastic-
type letter-bombs. In connection with this, in 1972 at the 2?th Session of the UN
_ General Assembly there was a discussf.on of the problem of "international terror-
ism," which was included on the agenda of the General Assembly by Pa,ragrap~h 92, en-
titlecl "Measures to prevent internationa.l terrorism, xhich threatens the lives of
, innocent persons~ or leads to death, or threatens basic freedoms. and the study of
the root causes of these forms of terrorism and acts of violence, proceeding from
poverty, a dead-end situation, misfortunes~ and despair, and xhich incite cert,ain
peo~le to sacrifice human lives, even including their oWn, in striving to achieve
radical changes" ~1, F 5.~~
, The Soviet Union`s position with rega,rd to the problem of "internationa7. terror~.sm"
has alKays been consistent and principled. Member of the Politburo of the CPSU CC
and U5SR Minister of ~'oreif;n Affairs A. A. Gromyko declared as follows at the 27th
Session of the UN General Assembly= ~~The Soviet Union oppo$es fro~n a position of
principle acts of terrorism which violate the diplomatic activities of states and
their representatives, transport ties betWaen them, the normal course of interna-
tiona.l contacts and meetings, acts o~ violence whic~ ~ not serve any positive ~
vurpose and which brin~ abaut the death of people'� 2.
- Recently there has been an attempt on the part of the nex administration in Wash-
ington to utilize the question of "international tQrrorism," striving to draW
state leaders of a number of Western European countries into a regular camFaign
a~a.inst th8 socialist countries and all ~he democratic forces of the world, using
it to destabilize internationa.l relationae On 28 January 1981 the U.S. Secretary
- of State A. Haig declared that the 3oviet Union "is preparing~ financing, and sup-
pZying international texxorism," and�he tried basica.lly to identify 1t xith the
national-liberation movement. However, in response to questions from the press
and in Congxess~ U.S. officials, of course, could not adduce a single proof of any
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connection betxeen the Soviet Union and terrorism. Furthermore, in April 1981 FBI
Director ~1. Webster in an interview for NBC Television acknoxled~ed ~~hat the Ameri-
Gan administration had "no proof whatsoever that the Soviet Union is behind acts of
terrorism on U.S. territory." Thereby, the FBI chief confirmed that the assertions
of highly placed fi~ures in the administration of R. Reagan concerning the "pen-
chant" of the USSR toward international terror were slanderous and false from be-
~inning to end. i~ot long befors this the CIA prepared a report xhich also con-
tained a conclusion that there xas absolutely no proof of the accusations of the
Rea~an administration, aimed at the Soviet Union. '1'he goal of this entire campaign
is to malign the Soviet Union's peace-loving policy, to distort the essence of the
national-liberation movements, hanging on them the la,bel of international terror-
ism, in order to nrove that aid from the progressive states to these movaments con-
stitutes support for "internationa,l terrorism." Fina,lly. under the gretext of com-
battin~ '�international terrorism," imperialism is attempting to unloose its own
hands for interferPnce in the internal affairs, first a,nd foremost, of those states
where reactionary and facist regL~es are running amuck (for example. El Salva.dor).
On the other hand, the problem of "internationa,I terrorism" really daes ekist, and
all the peace-loving states are directly concerned with putting an end to it. This
problem encom~e,sses two groups of questions~ sit4ations where terrorist. , acts are
- carried out by a state or with the support of a state and situRtior~s Khere terror-
ist acts are carried out by priva,te persons or orgbnizations of priva,te persons.
The li.terature and the practice frequently mix these phenomena., and this compli-
cates the working out of an optimum line for combatting specific crimes.
Moreover, it is necessary to take into consideration the specific conventionality
of the term "interna,tiona,l terrorism," which has become widespread in the litera-
ture and in the gractice of the UN. Various phenomena, are understood under this
term, but in all cases it is a matter of actions directed at worsening interna- �
tional rela,tions. Precisely such a concept of a terrorist act is also contained
in Art. 67 of the Criminal Code of the RSF3R. In our viex, one must agree with I.
I. Karpets, xho in his work entitled "Interna,tional Crimes" adduces the folloWing
definition of terrorism in the broad sense of the xords "Terrorism is an interna-
ti.onal or intra-state, but having an international na,ture, orga,nized and other ac-
tivity, directed at creating special organizations and groups for committing mur-
ders, using violence and the.seizure of persons as hostages for the purpose of ob-
taining ransom or the sa,tisfaction of other demands, the forcible depriva,tion of
a person�s freedom, often accompe,nied by the use of torture, bla,ckmail, etc.= ter-
.rorism may also be manifested in the destruction of buildings, their being plun-
dered, and similar activns" ~3J:
- It is obvious that the interests of coopera,tion among states will be facilitated.
by a detailed classifica,tion and definition of the make-up of terrorist acts fall-
in~ within the realm of international la,x~ First of all, it should be noted that
a terrorist act, or a policy of terror as a whole~ can be conducted in peacetime
as well as in wartime. With regard to wartime, international la,x already contains
a number of norms concernin~ the prohibition of and the prosecution for ttie com-
mittin~ of actions bearing a~,errorist nature and qualified as war crimes and
crimes a~ainst humanity, in regai,rd to prisoners of war, peaceful inhabita,nts, com-
batants and civilians who have ceased participating in military activities~ even
in case of a conflict which is not international in nature, with rega,rd to
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nartisans and members of the home gua.rds~ whose sta.tus as prisoners has been m.a.de
equa,l with the status of prisoners of War frnt~ among the regula.r units.
In t~eacetime systematic and mass terrori.st acts may be ca.rried out by a state's
authorities in rega,rd to its o~r:i citizens for the purpose of frightening them,
elimina.tin~ an opposition (for example~ the policy of terror in facist Germa~y
a~a.inst the Communist Party and all those who thought differently than the rulin~
pe.rty, the terror in Chile after the military coup of il 3eptember 1973, etc.), to
enforce a policy of racial discrimination, racial sugremacy, genocide (for example,
the apa,rtheid re~ime fn the ~epublic of South Africa,, the Pol Pot regime in Y.ampu-
chea). Terrorist acts committed by the auth~rities of any given sta.te on the ter-
ritory of another sta,te, or the permission or encouragement of any sort of activi-
ty on the territory of another state, designed to commit a terrorist act in ano-
ther state, must be qualified as acts of indirect aggression. For example, the
territory of Pakistan is being utilized by right-wing circles of the United States
and China, for training bands to make armed incursions into Afghanistan and to ca.r-
ry out terrorist activities �here~ terrorist groups are bein~ hurled from China,'s
territory into Burma~ Thaila,nd, Mala.ysia, Indonesia~ and the Philippines.
In March 1974 the [TN Genera,l Assembly adopted a definition of aggression in which
similar acts, as well as fellow traveling or the support of activities directed at
- the committing of such acts, are qualified as an aggression `4J. This is precisely
how the UN Security Council qualified the actions of Israel, as expressed in the '
'commission by Israeli commandos in Beirut on 10 April 1973 of terrorist acts
aRainst the leaders of the Palestinian 'resistance movement. '
F~om the uoint of view of qualifying these actions, which are sometimes termed
state terrorism, one should also bear in mind Far. 6, Art. 2 of the draft Code of
crimes a~ainst the peace and securit~ of mankind, as prepared by the UN Commission
on Interna,tiona,l .',aw at its sixth session in 1954� According to this document, a
- crime aaainst the peace and security of mankind (and, consequently~ as inclica,ted in
Art. 1 of the draft, a crime of "international la,w") is the "conduct or encourage-
ment b,y the authorities of any sta.te of orga.nized activity, directed at committing
terrorist acts in another sta,te." Such a qualification is completely 3ustified~
inasmuch as an act of ag~ression by one state a~~inst another, re~a,rdleas of whe~
ther it is direct or indirect in nature, undoubtedly is a crime according to in-
ternational lax, not only because it is committed by a sub,ject of internationa,l la,w
but also because such an action threatens internationa.2 peace and seeurity. Con-
sequently, the actions being considered here are encompe,ssed by the concept of ag-
gression, and they may certainly be relegated to the category of interna.tiona,l
crimes.
In a sunplementary protocol on armed internationa,l conflict to the Geneva, Conven-
tions of 1949 on the rnotection of victims of Nar, as adopted on 10 June 19'T7, the
fol].owin~ actions are re~arded, in p~,rticular, as the grossest viola,tions of the
Conventions, which may Qua,lify in certain cases as terrorist actsi turning a civi-
lian population or individual civilians into an ob~ect of atta.ck, committing an at-
tack of an indiscriminate nature, affecting the eivilian population or civilian ob-
jects~ when it is Frnown that such an attack Hill be the ca,use of extreme huma,n los-
ses, casualties among civilians, or Will bring about damage to civilian ob3ects,
turnin~ undefended locations and demilitarized zones into ob3ects of atta,ck~
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committing an attack aga.inst a person when it is known that he has ceased to par-
ticipate in military actions. Thus, in case of terrorist acts committed by a
_ state or its officials, ~hese actions are qua,lified in accordance xith interna-
tional la,w as crimes a~a,inst the international peace and security of sta.tes, as
crimes aga,inst manklnd and as war crimes.
A somexhat different siti:atinn arises when the terrorist acts are committed by an
individua,l who is not carrying out the Kill of a sta,te but is acting out of his
oxn persona,l motive~ or the motives of an organization to Which he belongs. For
example, the murder of a representa,tive of a foreiqn atate may take pla.ce for per-
sona.l motives also.
If the first group of crimes is basica,lly covered by internationa,l statutes, al-
thou~h ~hese statutes still do need further internationai developaent, the second
group of crimes, in view of their sporadic nature, has not been accorded so much
consta.nt attention by the internationa,l community up to the present time. The r.e-
sponsibility for the terrorist acts of individua,ls which threaten internationa,l
relations is regulated fundamentally on the level of na.tional legisla,tion and, in
a number of instances, by interna,tiona,l agreements. Nevertheless~ the growth in
the number and the danger of such actions requires uniformity in defining them and
cooperation a.mong states in preventing and prosecuting them.
A terrorist act should fa7.1 under the 3urisdiction of internationa,~ la,W if it in-
cludes the folloHinq factors committed by an individual~ 1) violent actions in the
form of an attempt or the commission of an attack, seizure, kidnapping,or causing
of bodily harm, murder, or actions creating a threat with regard to ~he official
representatives of a state and the members of their familiesi 2) the seizure of,
infliction of damage upon, and destruction of property necessary for the conduct
of political, economic, technical~ trade, and cultural relations betkeen sta,tes,
as well as the commission of these actions with regard to the funds, equipment,
and facilities of airline, xater~ railroad, and automotive transport. Moreover,
in order to rele~ate such actions to the category of acts of internationa,l terror-
ism, it is necessary that there be present a special motive for the crime--a com-
plication of international relations. The indicated purpose of a terrorist act
defines its narticula,r social danger and, consequently~ ita qualification. It is
obvious that the terrorist acts which have become the ob~ects of the T1N's atten-
tion constitute, from the viewpoint of its own qualific~,tion, crimes of an inter-
national nature.
Differences in the nositions of sta,tes with rega.rd to intsrnationa,l terrorism led
to a situation whereby neither the 2%th Session of the UN General Assembly nor i.ts
ensuir.g sessions were able to work ou+ specific m~qsures aimed at combatting ter-
rorist acts which threaten the normal course of interna,tional relations. The Spe-
cial Committee which was created on the ba,sis of UN General Assembly Resolution
3~3~+ (2ith Session)~ dated 18 December 1972, also failed, to further advance the
discussion of the problem as a whole. Not one of its three subcommittees--the
Full Subcommittee on defining interr~ationa,l terrorism, the Fu131 Subcommittee on
studying the root causes of international terrorism, and the Full Subcommittee on
stud,ying measures to nrevent international terrorism--was able to Work out a ge-
nerally accepted position witr~ regard tu the essence of the matter. The principe,l
attention in its work was devoted to considerin~ the question of that variety of
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