NCJ Number
98746
Date Published
1984
Length
12 pages
Annotation
This paper outlines the normative scope of conventional international law pertaining to prohibitions of terrorism in armed conflict and of the capabilities and limitations of the measures available to repress such terrorism.
Abstract
It first distinguishes the law of armed conflict from the multilateral treaties that address 'skyjacking' and other threats against civil aviation, attacks on diplomats and other internationally protected persons, and hostagetaking. In making this distinction, it notes that the multilateral treaties oblige participating states to either submit offenders to prosecution or to extradite them; none of the treaties, however (except the European Convention on the Suppression of Terrorism) neutralize the political-offenses exception to extradition. On the other hand, the prohibitory norms of the law of armed conflict are indicated to focus sanctions on the parties to the armed conflict, whether they be states or qualified liberation movements, and parties to the armed conflict are expected to impose criminal and administrative sanctions against the military or civilian agents who commit proscribed terrorist acts in the context of armed conflict. The paper then turns to an explanation of the types of terrorism denounced by the law of armed conflict; types of terrorism are encompassed under direct attacks against civilians and violence or threats of violence against civilians under the control of a party to the conflict. The concluding section considers law pertaining to the extradition of persons who breach the law of armed conflict. Particular attention is given to the political-offenses exception to such extradition in U.S. legislation. The author's critique of this legislation includes recommendations for excluding specified acts from the political-offenses exception and for defining political offenses in the context of noninternational armed conflict. Thirty-six footnotes are provided.