NCJ Number
72586
Journal
International Journal of the Sociology of Law Volume: 8 Issue: 3 Dated: (August 1980) Pages: 213-226
Date Published
1980
Length
14 pages
Annotation
The concept of terrorism and the depoliticizing of certain offenses in the European Convention on the Suppression of Terrorism are discussed; it is recommended that The Netherlands not participate in the Convention.
Abstract
The 1977 Convention has been ratified by 17 member countries in the Council of Europe, but, The Netherlands has not yet become a participant. Although the term 'terrorism' is introduced in the Convention's preamble, it is not used again or defined. The Convention is intended to facilitate the extradition of terrorists; to this end, a number of offenses are depoliticized. These include the seizure of aircraft, attacks against internationally protected persons (diplomats, for example), kidnapping, the taking of hostages, and the use of bombs. Participating countries are also allowed to depoliticize other offenses. In the present article, terrorism by individuals and by States is defined. Terrorists no longer believe that a political fight with the government will make it possible to live according to their personal ideas of human values. Although the government is their target, terrorists victimize private citizens in order to shock the public and make it take sides. States commit acts of terrorism when insurgents are labeled as criminals and their political motives are denied. In effect, the Convention encourages participating countries to define politically motivated acts as crimes and thereby encourages State terrorism. Terrorism of any sort creates counterterrorism; therefore, such a convention can be counterproductive. The Christian-Humanist tradition of The Netherlands with respect to punishment and the granting of asylum distinguishes this country from others in Europe and opposes such developments. Therefore, The Netherlands should not sign the Convention. Two references are included.