NCJ Number
55223
Journal
Israel Law Review Volume: 13 Issue: 2 Dated: (1978) Pages: 194-202
Date Published
1978
Length
9 pages
Annotation
THE SIMILARITY BETWEEN TERRORISM AND TRAFFICKING IN NARCOTIC DRUGS AS UNIVERSAL CRIMES IS DISCUSSED, AND EXTRADITION PROCEDURES FOR TERRORISTS ARE CONSIDERED.
Abstract
THE CITIZENS OF MANY COUNTRIES CONSIDER TERRORISM AND TRAFFICKING IN NARCOTICS AS CRIMES OF SEPERATE CHARACTER, SINCE TERRORISM IS PERCEIVED AS A POLITICAL OFFENSE AND NARCOTICS DEALING IS VIEWED AS ILLEGAL ACTIVITY FOR PROFIT. HOWEVER, BECAUSE TERRORISTS USE METHODS THAT ARE THREATS TO THE LIVES AND PROPERTY OF PERSONS THROUGHOUT THE WORLD, TRANSNATIONAL TERRORISM SHOULD BE CONSIDERED A UNIVERSAL CRIME ON THE ORDER OF NARCOTICS TRAFFICKING. GIVEN THE STATUS OF A UNIVERSAL CRIME, IT IS IMPERATIVE THAT ALL NATIONS ENACT LAWS REQUIRING SEVERE PUNISHMENT OF ALL TERRORISTS FOUND WITHIN THEIR BORDERS AND CONVICTED OF TERRORIST CRIMES WHETHER OR NOT COMMITTED WITHIN THE BORDERS OF THE REFUGE NATION. WHILE PRODUCING EVIDENCE REGARDING A CRIME COMMITTED OUTSIDE OF A REFUGE STATE MAY INVOLVE A GREAT DEAL OF INCONVENIENCE AND EXPENSE, IF THE UNIVERSAL CHARACTER OF THE CRIME OF TERRORISM IS TO BE ESTABLISHED, SUCH INCONVENIENCES MUST BE BORNE. TO ENSURE THAT REFUGE STATES EFFECTIVELY PROSECUTE TERRORISTS, IT MAY BE NECESSARY TO FORMULATE IN INTERNATIONAL CONVENTIONS MINIMUM PUNISHMENTS FOR TERRORISM AS A UNIVERSAL CRIME. ALSO, SOME KIND OF REPORTING SYSTEM MAY BE NECESSARY TO ENSURE THAT STATES CANNOT CIRCUMVENT THE PURPOSES UNDERLYING THE PRINCIPLE OF UNIVERSALITY AFTER THE TERMINATION OF COURT PROCEEDINGS. SHOULD A STATE OF REFUGE HAVE NO LAW PERMITTING THE PROSECUTION OF A TERRORIST WHO COMMITTED A CRIME IN ANOTHER STATE, EXTRADITION WOULD BE IMPERATIVE. ALSO, THE STATUTE OF LIMITATIONS SHOULD NOT APPLY IN ANY RESPECT TO A UNIVERSAL CRIME SUCH AS TERRORISM. (RCB)