NCJ Number
52268
Journal
Ohio Northern University Law Review Volume: 5 Issue: 2, Dated: (1978) Pages: 432-443
Date Published
1978
Length
12 pages
Annotation
IT IS ARGUED THAT THE TIME HAS COME TO TERRORIZE THE TERRORIZERS AND THAT A CONCERTED EFFORT SHOULD BE MOUNTED TO COPE WITH TRANSNATIONAL TERRORISM AS A CRIMINAL RATHER THAN A POLITICAL OFFENSE.
Abstract
BECAUSE POLITICALLY MOTIVATED ACTS OF TERROR ARE AS MUCH A VIOLATION OF INTERNATIONAL LAW AS NONPOLITICAL CRIMINAL CONDUCT, AN INTERNATIONAL MEANS IS NEEDED TO PROSECUTE AND INCAPACITATE TERRORISTS. SANCTIONS ANALOGOUS TO THOSE DEVELOPED FOR PIRATES AND WAR CRIMINALS SHOULD BE INSTITUTED FOR ACTS OF TRANSNATIONAL POLITICAL AGGRESSION DESIGNED TO TERRORIZE INNOCENT NONCOMBATANTS. BOTH AN INTERNATIONAL CRIMINAL COURT AND AN INTERNATIONAL CRIMINAL CODE DEFINING, RESTRICTING, AND PUNISHING ACTS OF INTERNATIONAL TERRORISM SHOULD BE DEVELOPED. ADDITIONALLY, THE POLITICAL OFFENSE EXCEPTION LIMITING THE PROSECUTION AND EXTRADITION OF POLITICAL OFFENDERS SHOULD BE RECONSTITUTED TO EFFECTIVELY DISTINGUISH BETWEEN GENUINE REVOLUTIONARY ACTIVITY AND COMMON CRIMINALITY. FURTHER, INTERNATIONAL LAWS MANDATING RESPONSES TO TERROR DIRECTED AT 'INTERNATIONAL PROTECTED PERSONS' SHOULD BE AMENDED TO CONCENTRATE ON PROTECTING INNOCENT PARTIES RATHER THAN SHIELDING PUBLIC SERVANTS. AT THE SAME TIME, GOVERNMENTS SHOULD STRIVE TO MAKE PUBLICITY WORK FOR THEM RATHER THAN FOR THE TERRORISTS. THE TIME HAS ALSO COME TO GO BEYOND THE DATA BANK APPROACH TO STUDYING TERRORISM AND TO PUT TOGETHER A MODALITY CAPABLE OF MONITORING, COLLATING AND SYNTHESIZING THE EXISTING BODIES OF THEORIES AND ANALYSES. REFERENCES ARE FOOTNOTED. (KBL)