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SURVEY OF POSSIBLE LEGAL RESPONSES TO INTERNATIONAL TERRORISM - PREVENTION, PUNISHMENT, AND COOPERATIVE ACTION

NCJ Number
57460
Journal
GEORGIA JOURNAL OF INTERNATIONAL AND COMPARITIVE LAW Volume: 5 Issue: 2 Dated: (1975) Pages: 431 - 469
Author(s)
J J PAUST
Date Published
1975
Length
39 pages
Annotation
TO SUCCESSFULLY FIGHT TERRORISM, THE INTERNATIONAL COMMUNITY FIRST MUST DEFINE TERRORISM AND THEN MOUNT A UNIFIED CAMPAIGN AGAINST IT USING EDUCATION, COOPERATIVE POLICE ACTION, AND LEGAL SANCTIONS.
Abstract
TO DATE, MOST INTERNATIONAL CONVENTIONS HAVE BEEN PREOCCUPIED WITH A DEFINITION OF TERRORISM. WHAT IS ONE GROUP'S TERRORIST ACTIVITY IS OFTEN ANOTHER GROUP'S REVOLUTIONARY STRUGGLE. HOWEVER, OVER THE PAST DECADE A CONSENSUS HAS EVOLVED OF WHAT IS AND IS NOT PERMISSIBLE IN TERMS OF POLITICAL COERCION. RELVANT UNITED NATIONS HUMAN RIGHTS DOCUMENTS ALLOW NO EXCEPTION TO HUMAN RIGHTS PROTECTIONS ON THE BASIS OF A POSTULATED POLITICAL PURPOSE. ANOTHER RECENT TREND REQUIRES EXTRADITION OF TERRORIST OFFENDERS, WHEREAS EXTRADITION IS NOT NORMALLY REQUIRED FOR MOST POLITICAL OFFENDERS. INTERNATIONAL ACTION MUST BEGIN WITH THE EDUCATION OF THE LEGAL PROFESSION TO ACQUAINT ITS MEMBERS WITH THE INTERNATIONAL AGREEMENTS CONCERNING THE RULES OF ARMED CONFLICTS AND HUMAN RIGHTS. CITIZENS ALSO SHOULD BE EDUCATED TO REMOVE GRASSROOTS SUPPORT FOR TERRORIST ACTIVITIES. INTERNATIONAL DATA SHARING AND INTELLIGENCE IS ESSENTIAL. THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL) IS ALREADY ACTIVE IN THIS AREA. SUCH POLICE INTELLIGENCE EFFORTS SHOULD BE INTENSIFIED, ALONG WITH COOPERATIVE INVESTIGATION AND PROSECUTION. INDIVIDUAL NATIONS HAVE AN OBLIGATION TO 'KEEP THEIR OWN HOUSE IN ORDER' BY ELIMINATING CONDITIONS WHICH ENCOURAGE TERRORISTS. THE COMMUNITY OF NATIONS ALSO SHOULD IMPOSE SANCTIONS AGAINST THOSE NATIONS WHICH HARBOR TERRORIST ORGANIZATIONS. EACH PROPOSAL IS EXAMINED IN GREAT DETAIL. NUMEROUS REFERENCE NOTES ENHANCE THE DISCUSSION. (GLR)