NCJ Number
45356
Journal
Revue internationale de criminologie et de police technique Volume: 30 Issue: 2 Dated: (APRIL-JUNE 1977) Pages: 121-128
Date Published
1977
Length
8 pages
Annotation
INTERNATIONAL POLITICAL TERRORISM IS EXAMINED FROM THE PERSPECTIVE OF LEGAL MEASURES FOR ITS REPRESSION; LEGAL CONSTRAINTS AND INTERNATIONAL COOPERATION IN THE STRUGGLE AGAINST TERRORISM ARE DISCUSSED.
Abstract
THE AUTHOR DISTINGUISHES AMONG COMMON LAW TERRORISM FOR PROFIT, PATHOLOGICAL TERRORISM AS THE RESULT OF A TROUBLED MENTAL STATE, AND POLITICALLY MOTIVATED TERRORISM. POLITICAL TERRORISM PRESENTS PARTICULAR ATTENTION OF THESE AGENTS. A RESEARCH PROJECT ON CREATED TO COMBAT IT. BECAUSE THE POLITICAL TERRORIST HAS PUNISHMENT WAS DESIGNED TO ANSWER QUESTIONS RAISED METHODS OF CRIMINAL JUSTICE ARE INAPPLICABLE. SOME DEFENDERS IN POLITICAL TERRORISM CASES HAVE TRIED TO JUSTIFY OR LEGITIMIZE THEIR CLIENTS' ACTS THROUGH LEGAL EXCUSES BASED ON THE CONCEPTS OF 'LEGITIMATE COURT PERSONNEL. THIS CHOICE OF AUDIENCE IMMEDIATELY SELF-DEFENSE AGAINST AN ILLEGITIMATE ATTACK; THE LATTER CENTERS AROUND AVOIDANCE OF IMMINENT DANGER THROUGH COMMISSION OF AN INFRACTION. WHILE RECOGNIZING THAT SOME LEGAL BASIS MAY EXIST FOR DEFENDING TERRORISTS ACCORDING INTELLIGENT USERS AND EXPLORING MORE COMPLEX ISSUES. SUCH ATTEMPTS AT LEGITIMIZING TERRORISM AND STATES THAT THE PRINCIPLE VOCATION OF LAW IN THE FACE OF TERRORISM IS TO COMBAT IT. PENAL LAW, HOWEVER, IS LIMITED IN ITS STRUGGLE AGAINST POLITICAL TERRORISM BY INSTITUTIONS WHICH SERVE TO PROTECT THE RIGHTS OF THE INDIVIDUAL, SUCH AS: (1) THE PRINCIPLE OF LEGALITY, ACCORDING TO WHICH ONLY LEGALLY DEFINED TERRORIST ACTS CAN BE PURSUED BY LAW; (2) THE TERRITORIALITY OF PENAL LAW, WHICH FORBIDS A STATE FROM INVOLVING ITSELF WHERE CRIMES HAVE BEEN COMMITTED IN ANOTHER JURISDICTION; (3) THE LEGAL PRIVILEGE AFFORDED POLITICALLY MOTIVATED CRIMINALS; (4) THE INTERDICTION ON EXTRADITION OF POLITICAL CRIMINALS; AND (5) THE DEMOCRATIC NOTIONS OF THE DIGNITY OF MAN AND THE SAFEGUARDING OF INDIVIDUAL LIBERTIES AND FUNDAMENTAL RIGHTS OF MAN, WHICH FORBID POLICE AND PENAL JUSTICE FROM VIOLATING THE PRIVATE LIVES OF CITIZENS BY MEANS OF MONITORING DEVICES, ELECTRONIC SURVEILLANCE, ILLEGAL SEARCH AND SEIZURE, OR MAINTENANCE OF POLICE FILES. IN A DEMOCRATIC STATE, THE FREEDOM OF EXPRESSION AND ACTION AFFORDED TO CITIZENS DEPRIVES PENAL JUSTICE OF ITS MOST EFFECTIVE WEAPONS, THOSE OF PREVENTION. THIS SAME DEMOCRATIC CONCEPT ALSO HINDERS INTERNATIONAL COOPERATION ON TERRORISM, IN THAT EACH NATION HAS ITS OWN IDEA OF DEMOCRACY AND ACTS ACCORDING TO A SEPARATE VALUE SYSTEM. THE INTERNATIONAL ASPECTS OF MODERN-DAY TERRORISM, HOWEVER, HAVE MOTIVATED 17 OF THE 19 MEMBER STATES OF THE COUNCIL OF EUROPE TO DEVELOP THE EUROPEAN CONVENTION FOR THE REPRESSION OF TERRORISM, SIGNED ON JANUARY 27, 1977. THE CONVENTION IS BASED ON MUTUAL CONFIDENCE AMONG THE EUROPEAN STATES REGARDING THE SIMILARITY OF THEIR CONSTITUTIONAL BASES AND SEEKS TO FILL THE GAP CAUSED BY THE EXTRADITION INTERDICTION: A CERTAIN NUMBER OF PARTICULARLY SERIOUS TERRORIST ACTS, FOR THE PURPOSES OF EXTRADITION, WILL NO LONGER BE CONSIDERED POLITICAL IN NATURE. THE AUTHOR CONCLUDES THAT, IN ORDER TO DEAL WITH THE DILEMMA OF NOT GIVING IN TO TERRORIST DEMANDS VERSUS SAVING HUMAN LIVES, THE LAW MUST BE FLEXIBLE ENOUGH TO ADAPT TO THE PARTICULARITIES OF EACH CASE OF TERRORISM. --IN FRENCH. (DAS)