This article examines distinguishing features of terrorist-oriented criminality in the Socialist Republic of Vietnam, exploring quantitative indicators of certain types of crimes. It is concluded that the current level of political violence in Vietnam is low. Using a wide range of data sources on composite indicators (Global Terrorism Index, Global Terrorism Database and Global Peace Index), it is concluded that to date Vietnam has recorded a low level of political violence. The research explores basic «criminogenic» conditions or factors that lead to relevant risk of growth of political violence. It should be noted that to some extent ethnic tensions still exist in Vietnam. There is also a great concern about criminal activity of a number of domestic and international terrorist organizations, which, in the short or long term, could disrupt domestic political situation and escalate terrorism. The researchers argue that although political and religious motives (e.g. establishing an Islamic state) underlie certain terrorist activities of international terrorist organizations and the fact that Muslims in Vietnam make up about 0,1 % of the countrys population, Vietnams international commitment to counter-terrorism is likely to make it a target of retaliation by these organizations. In addition, there is a possibility that these organizations may commit terrorist acts within the territory of the Socialist Republic of Vietnam to support and fund terrorist activities in the future. We summarized that as at present in force Criminal Code of the Socialist Republic of Vietnam includes special provisions that carry liability for individual acts showing signs of terrorism (arts. 113, 299, 300 CC SRV) and norms within international obligations that cover criminal liability for other crimes of terrorist nature (crimes with indicators of terrorization). The comparative legal analysis of anti-terrorist statutes presented in the 2015 version of the Criminal Code of the Socialist Republic of Vietnam reveals legal and technical defects in certain material elements of terrorist offences. It is noted that Vietnamese legislator distinguishes two forms of terrorism: «traditional» terrorism, which pursues political aims (criminal acts against the peoples government, committed for the purpose of combating it) and terrorism aimed at creating a climate of fear in society.
The article attempts to study the political and legal essence (nature) of international crime as a negative impact of social reality in the analysis of various approaches. It is concluded that the concept of international crime in the context of modern trends in globalization and transformation of social relations is relevant by its definition. It is argued that in the theory of international criminal law, there are four approaches, different defining factors that comprise the contextual element of an international crime violations of international peremptory norms (jus cogens); the special nature of the external expression of such acts indicating the inherent danger of the phenomenon (as, for example, the direction of intent, seriousness and scale, special attitude on the part of the international community); functional relationship with an agent acting as a criminal policy; and encroachment on international peace and human security. Modern methods of development of the international community are applied in modern literature) as are torture, encroachments on persons enjoying international immunity, international terrorism, piracy, illegal circulation of weapons of mass destruction, etc. The option of criminalizing acts that infringe on international peace and human security and are committed as international crimes is also not excluded. An international crime is a complex affair committed in the context of institutional politics, infringing on international peace and security, and challenging the concept of the international community, thus, falling under universal jurisdiction.
The article examines the political and legal aspects of the possible qualification of cyberattacks as acts of aggression and international terrorism. It is noted that cyber threats, which in the modern conditions of the development of the information and digital environment are considered in many national security doctrines as new challenges that threaten not only national interests, but also international law and order. It is concluded that modern trends in the development of international relations, taking into account the current state of scientific and technological progress, demonstrate the possibility of qualifying cyberattacks as acts constituting a crime of aggression or international terrorism.
The article attempts to study the political and legal essence (nature) of international crime as a negative phenomenon of social reality within the analysis of various scientific approaches. The complex use of four scientific research methods (analysis, synthesis, formal legal, and comparative methods) allowed us to analyze different theoretical approaches regarding the concept definition of "international crime." The authors concluded that the concept "international crime" could be considered in four aspects in the modern doctrine of international criminal law: 1) acts that are expressed in state violation of international obligations arising from the operation of international norms of jus cogens, which predetermine the international legal responsibility; 2) acts that are expressed in state violation of international obligations arising from the operation of international norms of jus cogens, which entail the implementation of international criminal liability of individuals responsible for their commission; 3) acts that, due to specific forms of external expression, embody the highest character of public danger, allows us to characterize them as evil in itself (malum in se); 4) acts that infringe on definite elements of the international legal order -international peace and security of humanity. The definition of international crime is given, which means a complex act committed in the context of an institutionalized policy that encroaches on the international peace and security of humanity and causes concern to the international community and, as a result, falls under universal jurisdiction.
The article examines the doctrinal aspects of understanding cyber terrorism as an atypical manifestation (form) of traditional terrorism, actualized in the light of the intensive development and widespread dissemination of information and communication technologies (ICT) in the modern world. The conclusion is substantiated that cyber terrorism is a conceptually relevant concept, which is perceived either as a way of committing a terrorist act (truncated understanding), or as any terrorist crimes that are committed through the use of information and communication technologies (broad understanding). Analysis and generalization of scientific positions regarding the development of an optimal definition of cyber terrorism made it possible to define this phenomenon of social reality as the illegal use of information and communication technologies in relation to computer information, computer systems and networks in critical segments of the state and in the private sector, which create the danger of death of people, causing significant property damage or the onset of other socially dangerous consequences, with the aim of whipping up fear and tension, as well as influencing the authorities for political or other, inherent in the ideology of terrorism, motives.
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