NCJ Number
63561
Date Published
1974
Length
22 pages
Annotation
THIS PRESENTATION FROM A CONGRESSIONAL HEARING ON TERRORISM DISCUSSES THE ISSUES FACED BY THE UNITED NATIONS GENERAL ASSEMBLY IN FORMULATING AN ACCEPTABLE POLICY TOWARD INTERNATIONAL TERRORISM.
Abstract
IN DEVISING A DEFINITION OF TERRORISM, THE GENERAL ASSEMBLY HAS DEBATED FIVE RELATED ELEMENTS: (1) THE REFERENCE TO PUBLIC OR PRIVATE ACTORS, (2) THE RANGE OF ACTS TO BE INCLUDED, (3) A METHOD OF IDENTIFYING ACTS OF TERRORISM THAT ARE INTERNATIONALLY RECOGNIZED AS SUCH, (4) A DETERMINATION OF WHICH PERSONS ARE TO BE CONSIDERED VICTIMS, AND (5) MOTIVE AND INTENT. THE POSITIONS OF VARIOUS NATIONS, PARTICULARLY THE UNITED STATES, AND OF INTERNATIONAL AGREEMENTS ON THESE ISSUES ARE NOTED. AFTER A DEFINITION OF TERRORISM HAS BEEN ACCEPTED, THE PROBLEM OF IMPLEMENTATION WILL BE TACKLED, PARTICULARLY IN THE AREA OF JURISDICTION. FOUR PRINCIPLES OF JURISDICTION ARE DISCUSSED--TERRITORIALITY, NATIONALITY, PROTECTION-SECURITY, AND UNIVERSALITY--IN VIEW OF TERRORISTS' NEED FOR A SAFE HAVEN. FOR A CONVENTION ON TERRORISM TO BE SUCCESSFUL, TWO PROPOSITIONS SHOULD BE PUT FORTH: (1) THE ILLEGALITY OF TERRORIST METHODS AGAINST A GOVERNMENT WHICH ABIDES BY MINIMUM STANDARDS OF SOCIAL, POLITICAL, AND ECONOMIC RIGHTS; AND (2) THE RIGHT OF TERRORISTS WHO RESTRICT THEIR VIOLENCE TO THE SAME TREATMENT ACCORDED TO BELLIGERENTS IN A CIVIL WAR (I.E., THEY MAY NOT BE BROUGHT TO TRIAL OR SUBJECTED TO PUNISHMENT OTHER THAN HUMANE DETENTION). STATES CONSIDERING INTERNATIONAL EFFORTS TO COMBAT TERRORISM SHOULD LOOK TO A CONVENTION TO PREVENT THE EXPORT OF VIOLENCE TO COUNTRIES WHICH ARE NOT PARTIES TO A CONFLICT, OR A CONVENTION FOR THE PREVENTION AND ERADICATION OF SPECIFIC AND PARTICULARLY OFFENSIVE ACTS. FOOTNOTES ARE INCLUDED. (WJR)