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Is Al-Qaeda, A legal Personality?

International law at large is a residue of


International consensus and sanctions. Therefore

Qaeda movement has openly announced that it aims


to do anything to harm the United States and
American interest anywhere in the world.

International state actors will recognise the particular

Fundamentalist Islamic radicalism; as

organisation, individual, movement or government as

propaganda by Al-Qaeda includes direst violation of

International legal personality if the general

human rights and humanitarian aspect of any

consensus establishes that particular international

municipal law and therefore this institution does not

personality as capable of enforcing rights and duties

suffices any grounds to get it recognised as

despite of the fact that it is an outcome of

international legal entity and Al-Qaeda also does not

endogenous or exogenous causes.

have political structure to gather consensus to be get

President Bush Jr. administration post 9/11


for the first time recognised Al-Qaeda as
international threat and then President Obama
administration went ahead to delegitimize
international human rights laws and International
humanitarian laws and killed its crown Bin-laden by
claiming that international laws were quaint and
obsolete and old fashioned in the face of the
threat from al Qaeda. In case of unification of
Germany, recognition of Taiwan or Tibet and the
special status to Holy see Vatican City and in case
like operational autonomy to regional power pacts or
movements like Non-alignment movement the
international community came to consensus
somehow to legitimize it either for special interests
or just for the diplomatic accommodation.
Al-Qaeda is indulged in many activities
which are prohibited under various international law;
lets say in the case of Convention on the prevention
of punishment of the Crime of Genocide singed in
1948 it applies both in peace and war and leads to
both state and individual responsibility. The Al-

recognised. The strength of Ai-Qaeda militia is


Around 30,000 involved in different sorts of terror in
around 100 countries including UK, USA, Germany,
Spain, Afghanistan, Pakistan, West Africa, Arabian
peninsula, India, Somalia and Syria their militia is
involved over around 10 in battles or wars, consist of
10 allies in war against west and for Fundamentalist
Islamic radicalism With the industrial revolution the
foundations for a new world order were established
throughout the Western world. With new
technological advancements the world was not only
becoming more efficient but also much smaller.
Travel times were halved and people could interact
with one other much faster than before. However, it
was not only people that could travel faster, it was
also ideologies, philosophies and business.
Though the purpose of international law is
noble and important, it is equally important to
understand that without the legal personality
international law would not be as efficient. For
international legal personality enables individual
states to be personified and as such facilitate legal
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procedure. Thus states could be taken to court or

The social rights activist claims these acts as

accused of breach of international law. Those

grave hindrance of Individual security at cost of

wishing to take action against them can do so with

National Security. For example the US federal

the support of the clearly defined legal system

government was condemned at various instances for

Though Bin-Ladens death served as a


deterrence for many wannabe radicles and in a way it
has helped USA and so called peace loving
international players to increase their funding for
peace missions which includes Pakistan too i.e. the
biggest contributor for war against terror, while the
fact is Pakistan itself has become victim and safe
haven for radicalistic ideologies.
The international law will only impose

spying over personal conversations of its citizens


(especially Muslims and Mexicans) and the extent of
these activities went to the level of accessing
Brazilian PMs personal call records and minutes of
personal meetings as Reuters in one of their reports
said that "Tampering in such a manner in the lives
and affairs of other countries is a breach of
international law and, as such, it is an affront to the
principles that should otherwise govern relations
among countries, especially among friendly nations,"

sanctions if the damage caused by Al-Qaeda is

Rousseff told the annual gathering of world leaders

computable and assessable; but the fact is the

at the United Nations. The solution to this is

damage it has caused is so much complex and dense

obviously not easy but more productive use of these

that to curb more damage means actually letting

laws can really save the world from the humanitarian

more damage to happen to catch them and prosecute

conspirators such as Al-Qaeda and therefore can curb

them. As far as municipal law regarding this aspect is

the extent of the terrorisms.

concern the USA PATRIOT Act, USA Freedom Act


(induced by National Security requirement) or say its
Indian counterpart UAPA (Unlawful activities
prevention act, 1967) which cherishes the
constitutional guarantees such as (i) freedom of
speech and expression; (ii) right to assemble
peaceably and without arms; and (iii) right to form
associations or unions are concern the different
International treaties of human rights and against
terror and killings intends to cherish the same values
at international level.

The main challenge in undertaking these


activities is unforeseeable damage occurred due to
the reasons of spying. If the activities keep the
importance of sovereign integrating in mind then the
whole problem can be remedied by different
measures. The strongest measure which is the soul of
International Law discipline is Consensus: the
most prominent method of solution to these
problems. The presence of consensus had a peaceful
history of dispute resolutions and also carries the
immense potential to save the world in future too.

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