NCJ Number
62670
Journal
Barrister Volume: 2 Issue: 3 Dated: (SUMMER 1975) Pages: 10-13,49,70-71
Date Published
1975
Length
7 pages
Annotation
RESPONSES TO TERRORISM BY THE PUBLIC, GOVERNMENT, THE LEGAL PROFESSION, AND THE INTERNATIONAL COMMUNITY ARE ASSESSED. IT IS SUGGESTED THAT TERRORISM BE TREATED AS A CRIME WITHOUT REGARD FOR POLITICAL MOTIVATION.
Abstract
MOTIVATED BY IDEOLOGY, TERRORISTS IGNORE LEGAL AND MORAL RESTRAINTS, BUT SEEK TO CREATE AN ATMOSPHERE OF FEAR THROUGH WELL-PUBLICIZED ACTS OF VIOLENCE WHICH IMPAIR THE FUNCTIONING OF SOCIAL AND POLITICAL INSTITUTIONS. VIOLENCE HAS BECOME AN ACCEPTED NORM OF TWENTIETH CENTURY LIFE, BUT PEOPLE TEND TO IGNORE LAWLESSNESS IN COUNTRIES OTHER THAN THEIR OWN. THE LEGAL PROFESSION HAS GIVEN MINIMAL ATTENTION TO THE PROBLEMS OF VIOLENCE AND INTERNATIONAL TERRORISM. THE INTERNATIONAL COMMUNITY HAS BEEN UNABLE TO AGREE ON METHODS TO CONTROL TERRORISM. THIRD WORLD NATIONS IN THE UNITED NATIONS HAVE CONDONED THE ACTIONS OF TERRORISTS WHO CLAIM THEY FIGHT FOR LIBERATION FROM OPPRESSIVE GOVERNMENTS. COUNTRIES WHOSE LEGAL SYSTEMS ARE BASED ON ENGLISH COMMON LAW VIEW TERRORISTS AS COMMON CRIMINALS WHO SHOULD BE REFUSED ASYLUM AND EXTRADITED. ON THE OTHER HAND, FRANCE HAS REFUSED TO EXTRADITE HIJACKERS WHO ACTED FROM POLITICAL MOTIVES. INTERNATIONAL CONVENTIONS HAVE ATTEMPTED TO CONTROL TERRORISM, BUT CONTROVERSIES STILL EXIST CONCERNING ASYLUM, DEFINITION OF AN INNOCENT BYSTANDER, AND GOVERNMENTS WHO PROVIDE NO LEGAL SAFEGUARDS FOR PERSONS INVOLVED IN TERRORIST ACTS. AN INTERNATIONAL COURT SYSTEM CANNOT BE EFFECTIVE BECAUSE OF JURISDICTIONAL PROBLEMS, AND MULTILATERAL AGREEMENTS ARE USELESS UNLESS THEIR PROVISIONS CAN BE ENFORCED. TERRORISM SHOULD BE TREATED AS A CRIMINAL ACTION. BOLDER LEGISLATIVE TACTICS, SUCH AS PENALIZING PERSONS WHO ACCEDE TO TERRORISTS' DEMANDS ARE REQUIRED. (MJM)