Combatting International Terrorism: Limiting the Political Exception Doctrine in Order To Prevent 'One Man's Terrorism From Becoming Another Man's Heroism'

• NCJ Number: 109468
• Journal: Villanova Law Review Volume: 31 Issue: 5 Dated: (September 1986) Pages: 1495-1547
• Author(s): K F Mullally
• Date Published: 1986
• Length: 53 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This comment considers the effectiveness of international extradition law for apprehending terrorists; considers U.S. efforts to reform extradition law and limit the scope of the political-offense exception; and assesses the impact of judicial, legislative, and executive attempts to combat international terrorism by limiting the scope of the political-offense exception.

Abstract

A review of the law and practice of extradition indicates that the political-offense exception is a major impediment to the apprehension, prosecution, and punishment of international terrorists. Although the political-offense exception has a valid purpose, its scope should be limited so that terrorists cannot avoid prosecution and punishment for offenses that violate both domestic and international law. Terrorist acts which involve violent, random, indiscriminate attacks upon innocent persons should fall outside the scope of the political-offense exception. The Supplementary Extradition Treaty between the United States and the United Kingdom severely limits the scope of the political-offense exception and should be included in all extradition treaties. 251 footnotes.