NCJ Number
62156
Journal
NEW YORK LAW FORUM Volume: 19 Dated: (FALL 1973) Pages: 325-350
Date Published
1973
Length
27 pages
Annotation
A PROPOSAL IS PRESENTED FOR PROSECUTING TERRORISTS AND FOR HOLDING HEADS OF STATE ACCOUNTABLE FOR SUPPORTING OR FAILING TO APPROPRIATELY RESPOND TO TERRORIST ACTS AND THEIR PERPETRATORS.
Abstract
A SUFFICIENT BODY OF WORLD OPINION AND INTERNATIONAL LAW EXISTS TO LABEL SPECIFIC ACTS OF TERRORISM, NOTABLY AIRCRAFT HIJACKING, AS INTERNATIONAL CRIMES, WITH PERPETRATORS AND THEIR SUPPORTERS LIABLE TO TRIAL AND POSSIBLY CONVICTION IN NATIONAL AND INTERNATIONAL COURTS. WHEN A STATE FAILS TO ACT AGAINST THE TERRORIST OR AIDS AND ABETS THE TERRORIST, THE STATE WHOSE NATIONALS ARE INJURED, OR THE VICTIMS THEMSELVES, MAY PROTEST TO AN INTERNATIONAL AGENCY. SUCH AN AGENCY, SIMILAR IN FUNCTION TO THE EUROPEAN COMMISSION ON HUMAN RIGHTS, WOULD INVESTIGATE AND SEEK TO RESOLVE THE MATTER BY NEGOTIATION. FAILING IN SUCH EFFORTS, THE VICTIMS WOULD TAKE THE CASE TO THE INTERNATIONAL CRIMINAL COURT. THE STATE CONSIDERED RESPONSIBLE FOR THE ACT WOULD BE REQUIRED TO COMPENSATE THE VICTIMS AND PROSECUTE THE TERRORIST, OR IMPLEMENT OTHER APPROPRIATE MEASURES. THE VICTIMIZED STATE COULD, UPON ADJUDICATION, FREELY ENGAGE IN REPRISAL ACTIONS TO CAPTURE THE TERRORISTS OR DETER FURTHER ACTION, BUT ONLY IT ALL EFFECTIVE INTERNATIONAL MEASURES WERE ABSENT. WHILE THE PAST PERFORMANCE OF INTERNATIONAL INSTITUTIONS IN INTERPRETING AND ENFORCING INTERNATIONAL LAW IS POOR, THESE INSTITUTIONS WILL EVENTUALLY BECOME IMPARTIAL, COMPRISED OF JUDGES AND OFFICIALS DEDICATED TO THEIR TASKS AS INTERNATIONAL CIVIL SERVANTS. FOOTNOTES ARE PROVIDED. (RCB)