NCJ Number
62769
Journal
ANNALES D' ETUDES INTERNATIONALES Volume: 3 Dated: (1972) Pages: 137-167
Date Published
1972
Length
31 pages
Annotation
LEGAL PROBLEMS ARISING FROM THE ABDUCTION BY URBAN GUERRILLAS OF MEMBERS OF DIPLOMATIC MISSIONS AND CONSULAR OFFICES ARE EXAMINED AND THE IMPLICATIONS OF THESE ACTIONS ARE DISCUSSED.
Abstract
INTERNATIONAL LAW PROTECTS DIPLOMATIC AGENTS AND MEMBERS OF THEIR FAMILY UNDER THE PRINCIPLE OF INVIOLABILITY AND THE CORRESPONDING RESPONSIBILITY OF INVOLVED STATES. PROTECTION OF CONSULAR AGENTS IS DETERMINED BY PRACTICE AND BY RECIPROCAL MULTILATERAL OR BILATERAL TREATIES BETWEEN THE STATES CONCERNED AND CAN RANGE FROM SPECIAL WARNINGS ON THE DANGER OF ATTACK TO PLACING GUARDS IN THE CONSULAR OFFICE. PROTECTION FOR NONDIPLOMATIC AND NONCONSULAR FOREIGN PERSONNEL, HOWEVER, DEPENDS ON THE CATEGORY OF SPECIAL AGENTS, THE SPECIAL CIRCUMSTANCES OF EACH CASE AND THE RELEVANT AGREEMENTS. THESE PROTECTIONS ARE OUTLINED HERE AS ARE THE EXTENSION OF SPECIAL PROTECTION TO JOURNALISTS IN AREAS OF ARMED CONFLICT; IMPLICATIONS OF THE CONVENTION TO PREVENT AND PUNISH ACTS OF TERRORISM, PARTICULARLY IN CASES OF KIDNAPPING FOR RANSOM; AND THE LIMITS OF THE PROTECTION OFFERED TO MEMBERS OF DIPLOMATIC MISSIONS, CONSULAR OFFICERS, OR SPECIAL MISSIONS. ALSO DESCRIBED ARE THE CONSEQUENCES OF DECLARING CERTAIN TERRORIST ACTS TO BE COMMON CRIMES RATHER THAN POLITICAL OFFENSES, AND THE LEGAL GUARANTEES OF DUE PROCESS WHICH SHOULD BE GRANTED TO AN ARRESTED OR SUSPECTED OFFENDER OR ACCOMPLICE. EXISTING INTERNATIONAL INSTRUMENTS AND DOMESTIC LAWS NEED REPLACEMENT BY A NEW DOMESTIC LAWS NEED REPLACEMENT BY A NEW INTERNATIONAL INSTRUMENT THAT CAN BETTER SERVE AS A DETERRENT, AND STATES SHOULD TRY TO DIMINISH OR EVEN REMOVE CERTAIN DOMESTIC FACTORS THAT FAVOR VIOLENCE AND TERROR AS A REACTION. EXTENSIVE FOOTNOTES ARE PROVIDED. (AOP)