NCJ Number
113941
Journal
Terrorism Volume: 11 Issue: 2 Dated: (1988) Pages: 113-137
Date Published
1988
Length
25 pages
Annotation
The community of nations has approached international terrorism as a law enforcement matter with primary responsibility resting with civil police authorities.
Abstract
In support of this approach, community leaders have sought to improve information exchange and judicial administration to include the extradition process, through various international agreements and understandings. But international law offers another approach in dealing with international terrorism. This approach is the law of armed conflict approach and it has not received serious consideration. In part, this is because it is not generally understood. Many erroneously believe that if this approach were applied to terrorists that they would cease to be criminals and would be entitled to prisoner of war status. This is not correct. Moreover, the law of armed conflict offers some potential benefits, such as, the existence of a universal obligation in the 1949 Geneva Conventions to 'prosecute or extradite.' There are advantages and disadvantages to both the law enforcement and the law of armed conflict approach. Policy makers must, however, fully understand both approaches so that they can make a reasoned choice as to which approach is to be preferred. (Author abstract)