NCJ Number
105185
Journal
Judges' Journal Volume: 26 Issue: 1 Dated: (Winter 1987) Pages: 16-21
Date Published
1987
Length
6 pages
Annotation
The United States relies on a potpourri of criminal statutes to prosecute international terrorism.
Abstract
These fall into four main groups: violence-related conduct without regard to the status of the intended victim, acts of violence against Federal officials or officers, acts of violence against foreign officials or damage to the property of a foreign country, and violent acts normally associated with international international terrorism (e.g., taking of American hostages). In some cases, the courts have given extraterritorial application to some criminal laws, and the Omnibus Diplomatic Security and Antiterrorism Act makes it a crime to attack or kill a United States national outside the United States. At present, the United States also has extradition treaties with approximately 96 countries. However, treaties with a number of Middle Eastern countries are lacking, and prohibitions against extradition for political offenses have proven obstacles to the effective prosecution of international terrorism. In addition to prosecution of terrorists, the Government has the option of deporting them. This alternative is particularly suitable in cases where prosecution might disclose sensitive intelligence sources and methods. Because of difficulties in defining international terrorism, Federal substantive and procedural statutes represent a hodgepodge jurisdiction for the courts. The problem in prosecuting terrorism is further complicated by anomalies in interpretation of the law of nations, conflicting decisional law, and diplomatic sensitivities. 26 footnotes.