NCJ Number
63637
Journal
International Lawyer Volume: 7 Issue: 4 Dated: (OCTOBER 1973) Pages: 752-760
Date Published
1973
Length
9 pages
Annotation
UNITED STATES EFFORTS TO DETER TERRORISM THROUGH INTERNATIONAL TREATIES AND PROPOSALS TO THE UNITED NATIONS ARE EXAMINED.
Abstract
THIS ARTICLE DESCRIBES SUPPORT FOR A SERIES OF INTERNATIONAL TREATIES IN WHICH THE STATES PLEDGE THEMSELVES TO EXTRADITE OR PROSECUTE TERRORISTS ACCORDING TO PRIOR AGREEMENTS AS A COROLLARY TO THE ESTABLISHMENT OF UNIVERSAL JURISDICTION OVER SPECIFIED OFFENSES. THE KEY TO THE SUCCESS OF THIS APPROACH IS THE ACCEPTANCE OF THE OBLIGATIONS OF THESE TREATIES BY THE INTERNATIONAL COMMUNITY. THE UNITED STATES HAS IDENTIFIED SPECIFIC CATEGORIES OF OFFENSES WHICH SHOULD BE CONDEMNED: HIJACKING AND SABOTAGE OF CIVIL AIRCRAFT, KIDNAPPING AND ASSASSINATION OF DIPLOMATS AND OTHER FOREIGN OFFICIALS, AND PROHIBITION OF THE EXPORT OF TERRORISM TO COUNTRIES NOT INVOLVED IN THE ORIGINAL CONFLICT. OTHER EFFORTS INCLUDED AN INITIATIVE SUBMITTED TO THE GENERAL ASSEMBLY CONCERNING THE EXPORT OF TERROR, AND ATTEMPTS TO STRESS THE LEGAL AND HUMANITARIAN RATHER THAN THE POLITICAL CONSIDERATIONS ASSOCIATED WITH TERRORISM. DETAILS OF THE DRAFT CONVENTION SUBMITTED BY THE UNITED STATES ARE GIVEN, STRESSING THE COMMON INTERESTS OF ALL NATIONS, THE NATURE OF THE MOST SERIOUS TERRORIST ACTS, AND LIMITATIONS OF THE CONVENTION TO DIPLOMATIC OR CIVIL AVIATION VIOLATIONS. CARE WAS TAKEN THAT THIS CONVENTION BE IN ACCORD WITH OTHER INTERNATIONAL AGREEMENTS. DEBATE IN THE ASSEMBLY'S LEGAL COMMITTEE COVERED DEFINITIONS OF INTERNATIONAL TERRORISM, THE EXEMPTION OF POLITICAL CRIMINALS FROM EXTRADITION, AND THE ELIMINATION OF TERRORISM'S ROOT CAUSES. AN AD HOC COMMITTEE WAS FORMED FOR FURTHER STUDY, AND THE U.N. SECURITY COUNCIL FORMALLY DEPLORED VIOLENCE IN CIVIL AVIATION, MARKING THE FIRST TIME THAT THE INTERNATIONAL COMMUNITY HAD CONDEMNED INTERNATIONAL VIOLENCE AGAINST THE INNOCENT. FOOTNOTES ARE INCLUDED. (RFC)