INTERNATIONAL LEGAL CONTROLS OF INTERNATIONAL TERRORISM - PERFORMANCE AND PROSPECTS

• NCJ Number: 63440
• Journal: Illinois Bar Journal Volume: 63 Issue: 8 Dated: (APRIL 1975) Pages: 444-452
• Author(s): J F MURPHY
• Date Published: 1975
• Length: 9 pages
• Corporate Author: Illinois State Bar Assoc
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: PAPER PRESENTED BY THE INTERNATIONAL LAW SECTION AT THE ILLINOIS STATE BAR ASSOCIATION'S ANNUAL MEETING, LAKE GENEVA (WI), JUNE 17, 1974

Annotation

REASONS WHY THE WORLD COMMUNITY HAS HAD TROUBLE AGREEING ON A DEFINITION OF INTERNATIONAL TERRORISM AND ON LEGAL CONTROLS TOWARDS ITS PREVENTION AND SUPPRESSION ARE IDENTIFIED, AND SUGGESTIONS FOR RESOLUTION ARE OFFERED.

Abstract

DIFFERENCES IN POINT OF VIEW BETWEEN WORLD COMMUNITY MEMBER STATES WHICH HINDER ADOPTION OF MEASURES TO PREVENT AND SUPPRESS TERRORISM INCLUDE THE BELIEF THAT THE CAUSES OF TERRORISM OR THE POLITICAL MOTIVATION OF THE TERRORIST ARE RELEVANT TO THE PROBLEM OF DEFINITION; AND THE CONTENTION OF SOME STATES, PERHAPS A MAJORITY, THAT THOSE WHO SUBMIT PROPOSALS FOR ACTION AGAINST INDIVIDUAL TERRORIST ACTS DIVERT ATTENTION FROM THE REAL PROBLEM, WHICH IS THE USE OF TERROR BY GOVERNMENTS. INTERNATIONAL AGREEMENTS IN THE FORM OF TREATIES, CONVENTIONS, AND PROCEDURES ARE NEEDED TO REQUIRE STATES TO EXTRADITE OR SUBMIT THE ALLEGED OFFENDER TO PROSECUTION AND TO PROVIDE FOR EXCHANGE OF INFORMATION DESIGNED TO HELP APPREHEND OFFENDERS. HOWEVER, THE PERFORMANCE OF THE WORLD COMMUNITY WITH RESPECT TO INTERNATIONAL CONTROLS HAS BEEN DISAPPOINTING BECAUSE OF A LACK OF CONSENSUS AMONG STATES ON FUNDAMENTAL VALUES AND GOALS AND A RECOGNITION THAT THE USE OF TERRORIST TACTICS MAY BENEFIT THE CAUSE OF INDIVIDUAL TERRORISTS. THE U.N. 28TH GENERAL ASSEMBLY ADOPTION OF THE CONVENTION ON THE PROTECTION OF DIPLOMATS RESULTED, IN PART, BECAUSE THE CONVENTION ITSELF CONTAINED NO REFERENCE TO TERRORISM AND LIMITED ITS PROTECTION TO A SINGLE CLASS OF VICTIMS. ADDITIONAL STRATEGIES SUCH AS BILATERAL AGREEMENTS BETWEEN STATES, AS IN THE U.S.-CUBA ANTIHIJACKING AGREEMENT, AND AMERICAN INFLUENCE TO PROMOTE THE CAUSE OF HUMAN RIGHTS AND REDUCE STATE CAUSES OF TERRORISM SHOULD BE CONSIDERED. URGENT AND INTENSIVE ACTION IS NEEDED IN THE AREAS OF BOTH STATE AND INDIVIDUAL TERRORISM. FOOTNOTES ARE PROVIDED. (AOP)