NCJ Number
52893
Journal
NOTRE DAME LAWYER Volume: 54 Issue: 1 Dated: (OCTOBER 1978) Pages: 131-148
Date Published
1978
Length
18 pages
Annotation
THE PRACTICE OF TAKING AND KILLING HOSTAGES IS TRACED HISTORICALLY, AND ITS PRESENT USE BY TERRORIST GROUPS AND SOME GOVERNMENTS IS DISCUSSED. THE INEFFECTIVENESS OF PRESENT INTERNATIONAL LAW IS EXAMINED.
Abstract
HOSTAGE TAKING IS A COMPONENT, NOT ONLY OF ARMED INTERNATIONAL CONFLICT, BUT ALSO OF 'STATUS MIXTUS' (ARMED CONFLICT IN WHICH SOME ELEMENTS OF PEACEFUL RELATIONS REMAIN EXTANT) AND OF INTERNAL ARMED CONFLICT (REVOLUTION, INSURGENCY, OR BELLIGERENCY). FOLLOWING A HISTORICAL PRESENTATION WHICH TRACES HOSTAGE TAKING BACK TO THE EARLY ROMAN CONQUESTS AND INCLUDES QUOTATIONS ON HOSTAGE-TAKING IN ISLAMIC LAW, CONTEMPORARY RUSSIAN, ARAB, ISRAELI, GERMAN, ITALIAN, AND AMERICAN EXPERIENCES ARE DISCUSSED. THE REACTIONS OF VARIOUS GOVERNMENTS TO HOSTAGE TAKING ARE EXAMINED, AND MOST REACTIONS ARE SEEN AS BASED ON EMOTION RATHER THAN ON WELL THOUGHT-OUT LEGAL PRINCIPLES. INTERNATIONAL EFFORTS TO DEAL WITH THE PROBLEM INCLUDE THE FOLLOWING: THE HAGUE CONVENTIONS OF 1899 AND 1907, THE LONDON CHARTER OF 1945 (WHICH FORMED THE FOUNDATION OF THE NUREMBERG INTERNATIONAL MILITARY TRIBUNAL), THE FRENCH WAR CRIMES TRIALS OF 1946, THE GENEVA RED CROSS CONVENTION OF 1949, AND TWO UNITED NATIONS RESOLUTIONS. RELEVANT CONSENSUAL AGREEMENTS ISSUED BETWEEN 1948 AND 1973 INCLUDE GENERAL HUMANITARIAN DOCUMENTS, DOCUMENTS FORMULATED UNDER THE AUSPICES OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION, AND DOCUMENTS AIMED AT THE PROTECTION OF DIPLOMATS AND OTHER PROTECTED PERSONS. ALL OF THESE EFFORTS HAVE OUTLAWED THE KILLING OF HOSTAGES; THE LEGALITY OF THE TAKING OF HOSTAGES HAS NEVER BEEN DEALT WITH. IT IS CONCLUDED THAT THE LACK OF EFFECTIVE POLICING STRUCTURE, THE LIMITED NATURE OF THESE INTERNATIONAL AGREEMENTS, AND THE LACK OF EFFECTIVE REPRISALS ALL COMBINE TO LIMIT THE USEFULNESS OF THESE AGREEMENTS. THE ARTICLE CONTAINS NUMEROUS FOOTNOTES. (GLR)