NCJ Number
66399
Journal
CASE & COMMENT Volume: 85 Issue: 2 Dated: (MARCH/APRIL 1980) Pages: 30-34,36
Date Published
1980
Length
6 pages
Annotation
A REVISION OF THE FRAMEWORK OF EXTRADITION AND INTERNATIONAL CRIMINAL JURISDICTION IS URGED IN ORDER TO COMBAT ACTS OF TERRORISM AS UNIVERSAL CRIMES.
Abstract
CURRENT INTERNATIONAL LAW IS INADEQUATE FOR SUPPRESSION OF TERRORISM BECAUSE EXTRADITION AND JURISDICTIONAL AGREEMENTS ARE NOT DESIGNED FOR THE TYPE OF CRIMINALITY THAT INTERNATIONAL TERRORISM REPRESENTS. CRIMES SUBJECT TO EXTRADITION ARE DIFFICULT TO DEFINE AND FRAUGHT WITH EXCEPTIONS, SUCH AS THE DOUBLE CRIMINALITY REQUIREMENT AND NONEXTRADITION OF NATIONALS AND THOSE ACCUSED OF POLITICAL OFFENSE. A COMPREHENSIVE WORLD TREATY DEALING SPECIALLY WITH TERRORISTS AND THEIR CRIMES SHOULD BE DEVELOPED THROUGH THE UNITED NATIONS. THE TREATY SHOULD ELIMINATE PRESENT CONFLICTS AND EXCEPTIONS, DEFINE AND DELIMIT SUBJECT CRIMES, AND CREATE SUBSTANTIVE RULES FOR PROCEDURE, FOR EXTRADITION, AND FOR JURISDICTION OVER THE PERSON FOR TRIAL OF THE OFFENDER. UNDER THE PROPOSED TREATY, INTERNATIONAL TERRORISM WOULD BE A UNIVERSAL CRIME TANTAMOUNT TO PIRACY UNDER THE LAWS OF ALL PARTIES THERETO. FURTHER, THE TREATY WOULD PROVIDE THAT ALL NATIONS HAVE THE POWER TO TRY THE TERRORIST, A PROVISION WHICH FOLLOWS THE CONCEPT OF UNIVERSAL CRIMINALITY, THEREBY FILLING THE GAPS IN PRESENT LAW BY WHICH CRIMES OF TERRORISM ESCAPE EXTRADITION. FINALLY, THE PROPOSED TREATY SHOULD PROVIDE FOR MINIMAL PROCEDURAL CONSIDERATIONS TO MAKE THE ENTIRE PROCESS OF INTERNATIONAL RENDITION OF REQUESTED CRIMINALS MORE EFFICIENT, ALTHOUGH MINIMUM DUE PROCESS SHOULD BE AFFORDED AS A MATTER OF HUMAN RIGHTS. HOPEFULLY, ONCE THE SUCCESS OF SUCH INTERNATIONAL COOPERATION IN CRIMINAL MATTERS IS DEMONSTRATED, AN INTERNATIONAL COURT OF CRIMINAL JUSTICE WILL BECOME REALISTICALLY POSSIBLE. FOOTNOTES ARE PROVIDED. (MRK)