Contemporary International Legal Attack on Terrorism (From Israel Yearbook on Human Rights, Volume Three, P 9-38, 1973, Yoram Dinstein, ed.)

• NCJ Number: 74031
• Author(s): A W Rovine
• Date Published: 1973
• Length: 30 pages
• Sale Source: Tel Aviv University
• Publication Type: Survey
• Language: English
• Country: Israel

Annotation

This paper discusses aircraft hijacking Conventions and other international efforts to fight terrorism with emphasis on the question of nations' willingness to extradite or prosecute terrorists.

Abstract

The most important contribution of hijacking conventions and draft conventions on joint action, protection of diplomats, and exported terrorism is the characterization of the offenses covered as 'ordinary' (nonpolitical) for purposes of asylum. Extradition or prosecution is the proper response to such crimes; even should such crimes be motivated by worthy objectives, the limits are drawn at violence against the innocent. This does not subvert the traditional right of asylum, although it narrows its scope, since receiving countries are not obliged to return an offender to a nation demanding extradition. If asylum is granted, the case may be submitted to the authorities for prosecution, however. Other steps toward containment of international terrorism include agreements that crimes of international terrorism are to be punished by severe penalties and that a terrorist is subject to the jurisdiction of any nation, whether or not the act has a connection with or impact upon the nation where the terrorist was found. Despite these and other gains, many countries are unwilling to accept an obligation to either extradite or prosecute if the obligation is seen as a weakening of the right of asylum, especially when 2 hijacker escapes from a repressive regime. Other nations refuse to prosecute terrorists whose acts are done in the context of self-determination. However, for all their deficiencies, the Conventions and the draft Conventions constitute guides to policy and action, and serve as an intellectual framework to assist in shaping international thinking, planning, and development of the law. Detailed discussions of three aircraft conventions which have entered into force, a fourth pact dealing with enforcement of the first three, and draft conventions on the protection of diplomats and for the prevention and punishment of certain acts of international terrorism, are included. Footnotes are provided. (Author abstract modified)