NCJ Number
65373
Journal
Israel Law Review Volume: 9 Issue: 2 Dated: (APRIL 1974) Pages: 194-220
Date Published
1974
Length
27 pages
Annotation
THIS ISRAELI LAW ARITCLE ARGUES THAT THERE IS AN EQUAL NEED FOR AN EFFECTIVE ANTITERRORIST LAW AND A LAW ON THE PREVENTION AND PUNISHMENT OF GENOCIDE AND THAT BOTH ARE INTERDEPENDENT AND COMPLEMENTARY.
Abstract
A DISCUSSION ENCOMPASSING DEFINITIONS OF TERRORISM, HISTORICAL PRECEDENTS, AND INTERNATIONAL LAW PRECEDES A CONSIDERATION OF LEGALLY RELEVANT CHARACTERISTICS OF TERRORISM. THESE CHARACTERISTICS INCLUDE SUCH ACTIONS AS POLITICAL ASSASSINATION; MASS INTIMIDATION BY MURDER, PHYSICAL OR MENTAL HARM, OR THE THREAT THEREOF; A CONTINUING CRIME, THAT IS, A SERIES OF TERRORIST ACTS INSTIGATED FOR THE PURPOSE OF INTIMIDATION; AND GENERIC GENOCIDE, THAT IS, KILLING FOR THE SAKE OF KILLING, OR ANY LETHAL ACTION DIRECTED AGAINST EVERYBODY, ANYWHERE, AND POSSIBLY EVERYWHERE. VARIOUS ARGUMENTS AND OBSERVATIONS CONCERNING THE 1948 GENOCIDE CONVENTION, THE 1961 VIENNA CONVENTION ON DIPLOMATIC RELATIONS, AND THE INTERNATIONAL LAW COMMISSION ARE PUT FORTH TO CONFIRM THE VIEW THAT PENALIZATION, PROPERLY UNDERSTOOD, SHOULD REFLECT THE ESSENCE OF THE CRIME: THAT TERRORISM IS BIT-BY-BIT GENOCIDE, A CRIME AGAINST THE SECURITY OF INNOCENT PERSONS BECAUSE OF THEIR BEING NONINVOLVED AND INNOCENT. ONLY ON THIS ASSUMPTION DOES TERRORISM ACHIEVE ITS SECONDARY PURPOSE OF GOVERNMENTAL CONNIVANCE. IT IS ON THIS BASIS THAT TERRORISM IS OF INTERNATIONAL SIGNIFICANCE. THE OBSTACLE THAT ANY COMPREHENSIVE APPROACH MAY ENCOUNTER IS THAT THE POST-WORLD WAR II AFFLUENT SOCIETIES GIVE PREFERENCE TO ANY PRAGMATIC COMPROMISE TO AVOID THE RISK OF HAVING TO COMBAT BLACKMAIL. THE BRUTALITY OF TERRORISM AND GOVERNMENTAL STEADFASTNESS ARE IN AN INVERSE PROPORTION: TO PLAY SAFE THE TERRORIST HAS TO INCREASE PRESSURE. THUS, THE SAME HUMANTITARIAN PHILOSOPHY AND MORAL OUTLOOK ARE REQUIRED FOR BOTH AN EFFECTIVE ANTITERRORIST LAW AND AN EFFECTIVE ANTIGENOCIDE LAW. EXTENSIVE FOOTNOTES ARE PROVIDED. (PRG)