NCJ Number
63635
Journal
PROCEEDINGS OF THE AMERICAN SOCIETY OF INTERNATIONAL LAW Volume: 1978 Issue: 72 Dated: (1978) Pages: 343-351
Date Published
1978
Length
9 pages
Annotation
THE EXTENT AND IMPACT OF INTERNATIONAL LAW IN CONTROLLING INTERNATIONAL TERRORISM IS EXAMINED, AND CHANGES ARE SUGGESTED BY A PANEL OF LEGAL EXPERTS.
Abstract
A ROUNDTABLE, COMPOSED OF LAW PROFESSORS AND OTHER AUTHORITIES CONCERNED WITH INTERNATIONAL AFFAIRS, WAS CONVENED TO EVALUATE THE RELEVANCE OF CURRENT INTERNATIONAL LAW, CONVENTIONS, AND THE UNITED NATIONS IN THE PREVENTION AND DETERRENCE OF TRANSNATIONAL TERRORISM. IT CONCLUDED THAT THE FORCE OF INTERNATIONAL LAW IN THESE MATTERS IS DEBATABLE. SPECIFIC TREATIES HAVE BEEN SIGNED FOR AERIAL HIJACKING AND PROTECTION OF DIPLOMATS. OTHER MATTERS NEEDING SPECIAL ATTENTION INCLUDE (1) LIMITED COVERAGE SUBSTANTIVE TREATIES, SUCH AS THE PROPOSED CONVENTION TO MAKE HOSTAGE-TAKING A CRIME; (2) PROCEDURAL TREATIES TO BUTTRESS EXISTING CONVENTIONS, ESPECIALLY TO EXTRADITE OR PROSECUTE CASES; (3) AIRPORT SECURITY MEASURES; (4) ESTABLISHMENT OF AN INTERNATIONAL PENAL INSTITUTION; (5) UNILATERAL MEASURES, SUCH AS THOSE INTRODUCED IN THE U.S. SENATE TO BRING ECONOMIC PRESSURE TO BEAR; (6) STATE RESPONSIBILITY NORMS TO BE INVOKED WHEN APPROPRIATE; (7) POSSIBLE FORCIBLE SELF-HELP MEASURES, SUCH AS RESCUE OPERATIONS FOR HOSTAGES; AND (8) POSSIBLE NUCLEAR THEFT CONVENTIONS. IN ALL OF THESE AREAS, EXISTING CONVENTIONS WERE REFERRED TO, DIFFERENT OUTLOOKS FOR CHANGE PUT FORTH, AND DIFFICULTIES PREDICTED, SUCH AS THE POLITICAL DIFFICULTY OF ATTAINING IMPLEMENTING LEGISLATION BEFORE A TREATY COMES INTO FORCE. A MAJOR CONCERN EXPRESSED BY PENALISTS WAS THAT NEGOTIATORS HAVE FLEXIBILITY IN DEALING WITH TERRORISTS AND THAT THE OPTIONS FOR GOVERNMENTS NOT BE NEEDLESLY IMPAIRED. OTHER SUBJECTS RAISED DEALT WITH THE THE RESOURCES OF A COUNTRY TO DEAL WITH AIRPORT SECURITY, VIEWING TERRORISM IN SOME CASES AS PIRACY, THE FAITH OF THE UNITED STATES IN COMBATING TERRORISM THROUGH UNILATERAL INITATIVES, AND A SUGGESTED FRAMEWORK OF DISTINCTIONS FOR DIFFERENT KINDS OF TERRORISM. THE REPORT OF THE PANEL DISCUSSION COVERS EACH OF THESE MATTERS BRIEFLY AND CONTAINS NO VERBATIM TRANSCRIPT. NO REFERENCES ARE INCLUDED. (RFC)