INTERNATIONAL CONTROL SCHEME FOR THE PROSECUTION OF INTERNATIONAL TERRORISM - AN INTRODUCTION (FROM LEGAL ASPECTS OF INTERNATIONAL TERRORISM, 1978, BY ALONA E EVANS AND JOHN F MURPHY - SEE NCJ-51633)

• NCJ Number: 51641
• Author(s): M C BASSIOUNI
• Date Published: 1978
• Length: 7 pages
• Corporate Author: Lexington Books; American Soc of International Law
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE NATURE AND FUNCTION OF AN INTERNATIONAL CONTROL SCHEME FOR THE PROSECUTION OF INTERNATIONAL TERRORISTS ARE EXAMINED. RECOMMENDATIONS FOR IMPLEMENTATION ARE PROVIDED.

Abstract

EXISTING INTERNATIONAL COOPERATION FOR THE CONTROL AND PREVENTION OF INTERNATIONAL CRIMINAL ACTIVITY IS INDIRECT. NO INTERNATIONAL BODY OR STRUCTURE CAN PROMULGATE, OR ENFORCE, LAWS AGAINST EXISTING INTERNATIONAL CRIMES, INCLUDING TERRORISM. A SEMBLANCE OF INTERNATIONAL CONTROL IS ACHIEVED ONLY THROUGH THE VOLUNTARY COOPERATION OF STATES THAT, BY BECOMING PARTIES TO CERTAIN TREATIES, PLEDGE TO USE THEIR DOMESTIC PROCESSES TO PROSECUTE OR ASSIST ANOTHER STATE IN PROSECUTING AN ACCUSED OFFENDER BY PROVIDING EXTRADITION. BEYOND EXTRADITION, EXISTING INTERNATIONAL TREATY OBLIGATIONS REQUIRE ONLY THE MOST RUDIMENTARY INTERNATIONAL COOPERATION IN PENAL MATTERS CONCERNING PROTECTED TARGETS AND PERSONS, OR MUNICIPAL CRIMES OF TERROR-VIOLENCE THAT HAVE AN INTERNATIONAL ELEMENT. IN BOTH CASES, COOPERATION, IF IT EXISTS AT ALL, USUALLY IS BASED ON MULTILATERAL OR BILATERAL TREATIES AND ON THE NATIONAL LAWS AND PRACTICES OF THE STATES IN QUESTION. BECAUSE INTERNATIONAL JUDICIAL ASSISTANCE AND COOPERATION IN PENAL MATTERS IS LIMITED, SEVERAL METHODS FOR INCREASING COOPERATION SHOULD BE ENCOURAGED, INCLUDING THE FOLLOWING: (1) DIRECT EXCHANGE OF INFORMATION BY LAW ENFORCEMENT AGENCIES; (2) SHARING INFORMATION THROUGH THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL); (3) TAKING TESTIMONY ABROAD; (4) RECOGNIZING FOREIGN PENAL JUDGMENTS; (5) EXECUTING SENTENCES ABROAD; (6) TRANSMITTING CRIMINAL PROCEEDINGS; (7) SUPERVISING THE CONDITIONALLY RELEASED ABROAD; AND (8) SECURING EVIDENCE BY ONE COUNTRY IN FAVOR OF ANOTHER AND TRANSMITTING IT THERETO. AN ELABORATION IS RECOMMENDED OF A MULTILATERAL TREATY ON THE ESTABLISHMENT OF THE DOCTRINE OF 'EXCEPTION TO THE POLITICAL-OFFENSE EXCEPTION' IN EXTRADITION, WHICH WOULD LIST THE INTERNATIONALLY RECOGNIZED CRIMES THAT ARE TO BE EXCLUDED FROM THE POLITICAL-OFFENSE-EXCEPTION EXISTING IN TREATIES, LAWS, AND PRACTICES OF STATES. ALSO RECOMMENDED IS THE CONVENING OF AN INTERNATIONAL CONFERENCE OF GOVERNMENT LEGAL EXPERTS ON THE TOPIC OF JUDICIAL ASSISTANCE AND OTHER FORMS OF COOPERATION IN PENAL MATTERS; SUCH A CONFERENCE SHOULD PREPARE A DRAFT TREATY ON JUDICIAL ASSISTANCE. REFERENCE NOTES ARE PROVIDED. (KBL)