NCJ Number
81747
Journal
Denver Journal of International Law and Policy Volume: 9 Dated: (Summer 1980) Pages: 169-195
Date Published
1980
Length
27 pages
Annotation
This paper explains the background, history, and content of the International Convention Against the Taking of Hostages, which was adopted by the United Nations on December 17, 1979 and was already signed by 29 nations as of October 20, 1980.
Abstract
The basic thrust of the Hostages Convention is that those who take hostages will be subject to prosecution or extradition if they are apprehended within the jurisdiction of a nation which is a party to the convention. Safe haven is to be denied according to the principle of aut dedere aut judicare, which obligates nations to prosecute or extradite an alleged offender. Nations which are parties to the convention will also be obligated to cooperate in preventing acts of hostage-taking by establishing internal preventive measures and by exchanging information and using coordinated prevention measures. The Hostages Convention is largely patterned on the approach embodied in the previous conventions on aircraft hijacking and other subjects. That these conventions have played a significant role in crystallizing international opinion against the acts covered, is shown by such events as the debate in the United Nations Security Council regarding the holding of American diplomats as hostages in Iran. The events in Iran show that law diverges from practice when a nation lacks basic local order and a responsible civil authority. The efforts to formulate the convention were based on recognition that international action against aspects of international terrorism was possible if specific target areas could be identified. Over 3 years were required to write and adopt the convention, due to such obstacles as particular problems of some Latin American and Arab nations and reluctance to take action which might adversely affect struggles for what some viewed as self-determination. The negotiations involved in developing each article of the convention are delineated. Bibliographic footnotes and an appendix containing the text of the convention are provided.