Proactive Responses to Terrorism - Reprisals, Preemption, and Retribution (From Fighting Back, P 109-131, 1986, Neil C Livingstone and Terrell E Arnold, eds. - See NCJ-100374)

• NCJ Number: 100379
• Author(s): N C Livingstone
• Date Published: 1984
• Length: 23 pages
• Sale Source: D C Heath and Co
• Language: English
• Country: United States of America

Annotation

Proactive responses to terrorism involving reprisals, preemption, and retribution are legally justifiable under Article 51 of the United Nations Charter and should be practiced by the United States.

Abstract

Article 51 gives nations the right of self-defense, and terrorism, particularly that supported by governments, is clearly a form of aggression. Reprisals involve the punishment of those who have committed an illegal act for which there is no form of peaceful redress. To be legal under international law, reprisals must conform to certain conditions and limitations. Preemption consists of striking to prevent a planned hostile action to avoid suffering injury. Any nation undertaking a preemptive action must have convincing evidence of the planned attack if it is to avoid being branded as an aggressor. Preemptive action should be used only when no other tactic could prevent the terrorist attack. Retribution involves tracking down and punishing terrorists for the acts they have committed. The United States should prepare for proactive action against terrorists by creating a civilian-run paramilitary unit to conduct special operations against terrorists. 27 notes.