NCJ Number
63081
Journal
Columbia Journal of Transnational Law Volume: 10 Issue: 1 Dated: (SPRING 1971) Pages: 392-412
Date Published
1971
Length
21 pages
Annotation
A 1970 RESOLUTION TO PREVENT AND PUNISH TERRORIST ACTS AND A 1971 CONVENTION ON THE KIDNAPPING OF DIPLOMATS IN LATIN AMERICA WERE ADOPTED BY THE ORGANIZATION OF AMERICAN STATES (OAS).
Abstract
THE 1970 RESOLUTION LED TO THE FORMULATION OF THE CONVENTION ON THE KIDNAPPING OF DIPLOMATS. THE MAIN PURPOSE OF THE CONVENTION IS TO PROTECT DIPLOMATS FROM SPECIFIED TERRORIST ACTS BY PROVIDING FOR PUNISHMENT. THE CONVENTION IS PRIMARILY DIRECTED TOWARD THE INCIDENCE OF TERRORIST KIDNAPPINGS AND NOT TOWARD THEIR CAUSES. IT TRANSLATES THE STRONG CONDEMNATION BY THE OAS GENERAL ASSEMBLY OF TERRORIST KIDNAPPINGS AND CREATES A NEW CATEGORY OF INTERNATIONAL CRIMES AGAINST HUMANITY PUNISHABLE BY ANY MEMBER STATE REGARDLESS OF THE LOCUS OF THE COMMISSION OF A CRIME. IT ALSO ATTEMPTS TO ELICIT COOPERATION BETWEEN MEMBER STATES IN PROSECUTING THESE CRIMES AND TRIES TO ENHANCE THE EFFECTIVENESS OF MEASURES BY NATIONAL LEGISLATURES TO CONTROL INTERNATIONAL CRIMES. LITTLE GUIDANCE IS PROVIDED BY THE CONVENTION, HOWEVER, REGARDING THE CONDUCT OF STATES WHO AGREE TO IMPLEMENT IT. PROVISIONS ARE WRITTEN SUCH THAT DISPARATE INTERPRETATIONS CAN BE MADE. A CONSOLIDATED INTERNATIONAL FRONT IS AN ESSENTIAL STEP IN THE PROTECTION OF FOREIGN AND INTERNATIONAL REPRESENTATIVES BY PREVENTING ATTACKS ON THEIR PERSONS THROUGH A PROGRAM OF DETERRENCE. THE CONVENTION REPRESENTS ONE STEP, EVEN THOUGH THE USE OF PUNISHMENT AS A DETERRENT IS NOT A LONG-RANGE SOLUTION TO THE PROBLEM OF TERRORISM. FOOTNOTES ARE INCLUDED. (DEP)