NCJ Number
62157
Journal
International Lawyer Volume: 8 Issue: 2 Dated: (1974) Pages: 268-284
Date Published
1974
Length
17 pages
Annotation
DEBATES IN THE UNITED NATIONS DEALING WITH THE ISSUES ASSOCIATED WITH THE VIOLENT DEEDS OF TERRORISTS ARE EVALUATED, EMPHASIZING U.S. INITIATIVES TOWARD THE RESOLUTION OF TERRORISM.
Abstract
IN ITS EFFORTS TO INFLUENCE UNITED NATIONS ACTION AGAINST TERRORIST ACTS INVOLVING INTERNATIONAL CIVIL AVIATION, DIPLOMATIC PERSONNEL, AND UNARMED CIVILIANS, THE UNITED STATES HAS ARGUED THAT THE PRIMARY ISSUE IS THE ODIOUSNESS OF THE TACTICS USED, NOT THE CAUSES OR RATIONALES FOR SUCH TERRORIST ACTIVITY. THIS STRATEGY AIMS AT SANCTIONS AGAINST CERTAIN DEEDS WITHOUT REFERENCE TO THE SOCIAL, PSYCHOLOGICAL, AND POLITICAL DYNAMICS THAT HAVE SPAWNED THEM. HOWEVER, MANY THIRD WORLD NATIONS WILL NOT ACCEPT THIS APPROACH BECAUSE OF THEIR BELIEFS THAT GOVERNMENT-PERPETRATED VIOLENCE AND INJUSTICE FORCE 'PATRIOTS' TO BECOME TERRORISTS. IF PROGRESS IS TO BE MADE IN THE FACE OF THESE CONFLICTING VIEWPOINTS, THE UNITED STATES APPROACH MUST BE REVISED AND BROADENED TO DEAL WITH THE TERROR, VIOLENCE, AND INJUSTICE INFLICTED BY OFFICIAL GOVERNMENTS AGAINST OPPRESSED PEOPLE WHO ARE TOO WEAK MILITARILY AND POLITICALLY TO CHANGE THEIR CONDITION BY INTERNATIONALLY APPROVED STRATEGIES. AN EFFORT MUST BE MOUNTED TO CONTROL AND SANCTION ALL TATICS, WHETHER BY GOVERNMENTS OR REVOLUTIONARY MOVEMENTS, WHICH SERIOUSLY VIOLATE HUMAN RIGHTS. A BROAD-SPECTRUM CONVENTION ON HUMAN RIGHTS SHOULD BE INITIATED, DEFINING SPECIFIC CRIMES OF INTERNATIONAL SIGNIFICANCE (I.E., THE DRAFT CODE OF OFFENSES), ENFORCEABLE AGAINST BOTH INDIVIDUALS AND GOVERNMENTS IN AN INTERNATIONAL CRIMINAL COURT. MORE MODESTLY, THERE MIGHT BE A MOVE TOWARD BRINGING GUERRILLA ACTIVITIES UNDER INTERNATIONAL CONVENTIONS ON THE LAWS OF WAR, BOTH FOR PROTECTIONS AND CONTROLS. THIS TACTIC WOULD ALSO INCLUDE COERCING THE TARGET GOVERNMENTS TO ABIDE BY THE LAWS OF WELFARE (THE GENEVA AND HAGUE CONVENTIONS AND ARTICLES 2(4) AND 51 OF THE UNITED NATIONS CHARTER) IN DEALING WITH REVOLUTIONARY GUERRILLA GROUPS. FOOTNOTES ARE PROVIDED. (RCB)