NCJ Number
62227
Journal
Georgia Journal of International and Comparative Law Volume: 3 Issue: 2 Dated: (1973) Pages: 430-447
Date Published
1973
Length
18 pages
Annotation
A DESCRIPTION AND ASSESSMENT OF THE DRAFT CONVENTION FOR THE PREVENTION AND PUNISHMENT OF CERTAIN ACTS OF INTERNATIONAL TERRORISM REVEAL THE SHORTCOMINGS OF THE PROPOSAL.
Abstract
IN RESPONSE TO INCREASING EVENTS OF TERRORISM, THE PROPOSED HIJACKING CONVENTIONS AND THE PROPOSED DRAFT ON TERRORISM PROVIDE FOR EXPANDED JURISDICTION OVER CRIMINAL OFFENSES. THE PROPOSED DRAFT APPROACHES THE SUBJECT OF TERRORISM BY FOCUSING ON THE RELATIONSHIP BETWEEN THE OFFENDER, THE VICTIM, THE FORUM, AND STATE OF CUSTODY. IT OPERATES WHEN THE ACT IS COMMITTED OUTSIDE THE STATE OF THE OFFENDER, AND OUTSIDE THE STATE AGAINST WHICH THE ACT IS DIRECTED. MURDER, BATTERY, AND KIDNAPPING ARE COVERED IF THE OFFENSE IS 'OF INTERNATIONAL SIGNIFICANCE.' UNDER THE PROPOSAL, A STATE HAS THE DUTY TO EXTRADITE OR PROSECUTE, WITHOUT EXCEPTION, ANY OFFENDER FOUND WITHIN ITS TERRITORY. A STATE MUST TAKE MEASURES TO ESTABLISH ITS JURISDICTION WHEN THE OFFENSE IS COMMITTED BY ONE OF ITS NATIONALS OR WITHIN ITS TERRITORY. BY RATIFYING THE PROPOSAL, A STATE WOULD HAVE LEGAL GROUNDS FOR EXTRADITION IN THE ABSENCE OF A SEPARATE TREATY. NEVERTHELESS, THE PROPOSED DRAFT SUFFERS FROM A PREOCCUPATION WITH THE MUNICH MASSACRE AND PROVIDES NUMEROUS OPPORTUNITIES FOR TERRORISTS TO ESCAPE JUSTICE. BANK ROBBERY AND BOMBINGS ARE NOT LISTED AS OFFENSES IN THE PROPOSAL. ALTHOUGH THE PROPOSED DRAFT CURTAILS THE RIGHT OF POLITICAL ASYLUM, IT ALLOWS FOR DEFERRENCE TO LOCAL CRIMINAL PROCEDURE. ANOMALIES IN THE LAW AGAINST HIJACKING AND TERRORISM WOULD BE FORMED BY THE PRECEDENCE GIVEN TO THE HIJACKING TREATIES OVER THE PROPOSED DRAFT. THE DRAFT SHOULD BE MODIFIED TO PROVIDE FOR MINIMUM PENALTIES AGAINST POLITICAL REFUGEES WHO RESORT TO TERRORIST ACTS. FOOTNOTES ARE PROVIDED. (TWK)