REALITIES OF EXTRADITION AND PROSECUTION (FROM TERRORISM-INTERDISCIPLINARY PERSPECTIVES, 1977, BY YONAH ALEXANDER AND SEYMOUR MAXWELL FINGER- SEE NCJ-44307)

• NCJ Number: 62733
• Author(s): A E EVANS
• Date Published: 1977
• Length: 11 pages
• Corporate Author: John Jay Press
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

ISSUES IN THE APPLICATION OF INTERNATIONAL CONVENTIONS AND AGREEMENTS TO DETER TERRORISM ARE DISCUSSED, WITH EMPHASIS ON EXTRADITION AND PROSECUTION.

Abstract

EXTRADITION IS THE FORMAL WAY TO ACQUIRE CUSTODY OF A FUGITIVE OFFENDER. OTHER METHODS INCLUDE, IN DECLINING ORDER OF LEGALITY, DEPORTATION, INDUCED VOLUNTARY RETURN, PHYSICAL FORCE, AND KIDNAPPING. THE LEGAL FORMULA OF SEVERAL INTERNATIONAL CONVENTIONS AND AGREEMENTS DESIGNED TO DETER TERRORIST ACTS IS BASED ON THE EXTRADITION OR SUBMISSION OF THE ACCUSED TO PROSECUTION. THE EMPHASIS IS ON EXTRADITION, WITH PROSECUTION PRESUMABLY THE OBJECTIVE. IF PROSECUTION IS THE REAL OBJECTIVE OF CONVENTIONS AND PROSECUTION IS THE ONLY PURPOSE OF EXTRADITION, ATTENTION SHOULD BE FOCUSED ON PROSECUTION IN THE COUNTRY WHERE AN OFFENSE IS COMMITTED AND ALSO IN ANY COUNTRY WHERE AN OFFENDER IS FOUND. WITH THIS EMPHASIS ON PROSECUTION, THE ESTABLISHMENT OF INTERNATIONAL MINIMUM STANDARDS PERTINENT TO THE CRIMINAL PROCESS BECOMES A MATTER OF GOVERNMENT CONCERN. THE CONTROL OF INTERNATIONAL TERRORISM BY APPREHENDING AND PROSECUTING OFFENDERS HAS BEEN SUPPLEMENTED BY PREVENTION, INCLUDING THE INSTITUTION AND ENFORCEMENT OF SECURITY PROGRAMS AT AIRPORTS. CONCERN FOR SUCCESSFUL SECURITY PROGRAMS, HOWEVER, SHOULD NOT DEFLECT INTERNATIONAL INTEREST FROM THE PROSECUTION OF TERRORISTS, AND A SANCTIONS REMEDY FOR VIOLATING CONVENTIONS SHOULD BE MULTILATERAL IN ORDER FOR IT TO BE EFFECTIVE. VARIOUS INTERNATIONAL CONVENTIONS AND AGREEMENTS ARE CITED. NOTES ARE INCLUDED. (DEP)