NCJ Number
47401
Journal
Akron Law Review Volume: 7 Issue: 3, Dated: (SPRING 1978) Pages: 397-403
Date Published
1974
Length
7 pages
Annotation
A CLASSIFICATION IS UNDERTAKEN OF VARIOUS TYPES AND JUSTIFICATIONS OF TERRORIST ACTIVITIES.
Abstract
TERRORISM IS A TYPE OF COERCION UTILIZED TO ALTER THE FREEDOM OF CHOICE OF OTHERS. THE TERRORISTIC PROCESS INVOLVES THE PURPOSEFUL USE OR THREAT OF VIOLENCE BY PRECIPITATORS AGAINST AN INSTRUMENTAL TARGET. THIS ACTION IS MEANT TO COMMUNICATE TO A PRIMARY TARGET A THREAT OF FUTURE VIOLENCE IN ORDER TO COERCE THAT PRIMARY TARGET INTO CERTAIN BEHAVIOR OR ATTITUDES THROUGH INTENSE FEAR OR ANXIETY. SOME MEMBERS OF THE INTERNATIONAL COMMUNITY CLAIM THAT, IF ONE IS FIGHTING AN AGGRESSOR OR FIGHTING TO REGAIN OCCUPIED TERRITORY, THEN LAW SHOULD NOT RESTRAIN ONE'S PARTICULAR MOVEMENT; THERE SHOULD BE ABSOLUTELY NO REGULATION OF THE TERRORISTIC PROCESSES BROUGHT INTO BEING BY THOSE SEEKING TO REGAIN OCCUPIED TERRITORY. HOWEVER, THE AGGRESSOR IS STILL CONSIDERED TO BE BOUND BY INTERNATIONAL LAW. ANOTHER CLAIM THAT ARISES IS THE RIGHT TO CONDUCT SELF-DETERMINATION STRUGGLES WITHOUT THE PROHIBITIONS OF THE LAW OF WAR OR REGULATIONS ON TERRORISTIC STRATEGY. THIS IS THE LINE FOLLOWED BY LEBANON, SYRIA, THE YEMEN REPUBLIC, AND ABOUT 14 OHER STATES. ANOTHER ATTEMPT TO EXCLUDE AN ENTIRE CONTEXT FROM LEGAL REGULATION IS THE THEORY OF 'OPPRESSORS' VERSUS 'OPPRESSED.' SOME HAVE ARTICULATED THE CLAIM THAT OPPRESSED PERSON OR GROUPS OF PERSONS FIGHTING THE OPPRESSORS SHOULD BE ALLOWED TO UTILIZE ANY MEANS OR ANY STRATEGIES AVAILABLE, REGARDLESS OF CLAIMS OF PROPORTIONALITY, NECESSITY, OR DEFERENCE TO HUMAN RIGHTS. A SECOND SET OF CLAIMS ARISING OUT OF THE MIDDLE EAST CONTEXT RELATES TO TARGETS. ONE CLAIM IS THAT TERRORISTIC STRATEGIES UTILIZED AGAINST COMBATANTS ARE PROPER. HOWEVER, THERE IS A PROBLEM DISTINGUISHING BETWEEN COMBATANTS AND NONCOMBATANTS, AND INTERTWINED WITH THIS PROBLEM ARE INCIDENTAL ACTS OF TERROR, SUCH AS THE BOMBING OF A MILITARY HEADQUARTERS WHICH FAILS AND KNOCKS OUT CIVILIAN STRUCTURES. AN ADDITIONAL GROUP OF TARGET CLAIMS COMING OUT OF THE MIDDLE EAST CONTEXT IS ATTACKS UPON PROPERTY. GENERALLY,IF THESE TARGETS ARE CLASSIFIED AS MILITARY TARGETS UNDER THE TRADITIONAL NORMS OF THE LAWS OF WAR, IT WOULD THEN BE PROPER TO COUNTERATTACK WITHIN AN ARMED-CONFLICT SETTING; THE PROBLEMS ARISE WHEN THIS VIOLENCE SPILLS OVER TO AFFECT THIRD PARTIES. ANOTHER TYPE OF CLAIM CONCERNS COUNTERTERROR; TARGETS OF TERROR MAINTAIN THAT, IN ORDER TO ATTACK OR COUNTER THE SUPPORT OF TERRORISTIC ACTIVITIES BY OTHER STATES, REPRISALS ARE JUSTIFIED. STILL ANOTHER CLAIM INVOLVES EXPORTED TERROR AND INCLUDES THE EVENTS OF MUNICH, ATHENS, AND ELSEWHERE. THE POLICY QUESTIONS INVOLVED HERE CONCERN GEOGRAPHIC LIMITATIONS UPON VIOLENCE ALONG WITH THE EFFORT TO CONTROL VIOLENCE. (KBL)