NCJ Number
65425
Journal
NAVAL WAR COLLEGE REVIEW Volume: 31 Dated: (WINTER 1979) Pages: 49-60
Date Published
1979
Length
12 pages
Annotation
WRITTEN BY THE SENIOR LEGAL OFFICER OF THE UNITED NATIONS SECRETARIAT, THIS ARTICLE STATES THAT, IN DEALING WITH INTERNATIONAL TERRORISM, THE MORE GENERAL THE TOPIC, THE LESS EFFECTIVE THE RESULTANT ACTION.
Abstract
NOTING THAT THE 150-MEMBER STATES OF THE GENERAL ASSEMBLY REFLECT ALMOST EVERY IDEOLOGY AT LARGE IN THE WORLD, THE ARTICLE OBSERVES THAT THE UN'S EFFECTIVENESS IS MORAL RATHER THAN LEGISLATIVE. FOR EXAMPLE, THREE GENERAL ASSEMBLY RESOLUTIONS BRINGING PUBLIC OPINION TO BEAR ON SANCTUARY STATES THAT PROVIDE SAFE HAVENS FOR TERRORISTS HELPED ERODE THE NUMBER OF SUCH STATES. GENERAL ASSEMBLY MEMBERS ARE AGREED THAT TERRORISM CUTS AGAINST THE IDEALS OF JUSTICE AND PEACE BUT HAVE TROUBLE AGREEING ON THE CURE. EFFORTS TO DISTINGUISH NATIONAL LIBERATION AND FIGHTERS AND MOVEMENTS FROM TERRORISTS CAN BE SEEN IN BOTH THE GENERAL ASSEMBLY RESOLUTION ON FRIENDLY RELATIONS AND THE RESOLUTION ON THE DEFINITION OF AGGRESSION. IN ADDITION, THE 1977 CONVENTION ENSURING PROSECUTION OR EXTRADITION FOR PERSONS INVOLVED IN MURDER, KIDNAPPING, OR ATTACKS ON HEADS OF STATES OR OTHER DIPLOMATIC PERSONNEL INCLUDED A PARAGRAPH ON THE LEGITIMATE RIGHT TO SELF-DETERMINATION AND INDEPENDENCE. THE WORK OF THE GENERAL ASSEMBLY AD HOC COMMITTEES BEGINNING IN 1973 TO STUDY TERRORISM AND HOSTAGE TAKING DID NOT RESULT IN A DRAFT CONVENTION. HOWEVER, THE SPECIAL POLITICAL COMMITTEE DRAFTED A RESOLUTION ON THE SAFETY OF INTERNATIONAL CIVIL AVIATION FOLLOWING A THREATENED STRIKE BY THE INTERNATIONAL FEDERATION OF AIRLINE PILOTS ASSOCIATIONS. FURTHER, THE 1978 AD HOC COMMITTEES BEGINNING IN 1973 TO STUDY TERRORISM AND HOSTAGE TAKING DID NOT RESULT IN A DRAFT CONVENTION. HOWEVER, THE SPECIAL POLITICAL COMMITTEE DRAFTED A RESOLUTION ON THE SAFETY OF INTERNATIONAL CIVIL AVIATION FOLLOWING A THREATENED STRIKE BY THE INTERNATIONAL FEDERATION OF AIRLINE PILOTS ASSOCIATIONS. FURTHER, THE 1978 AD HOC COMMITTEE ON HOSTAGES APPEARS TO HAVE AGREED THAT THE TAKING OF HOSTAGES IS PROHIBITED BY INTERNATIONAL LAW. IT SEEMS CLEAR THAT WHEN AN ISSUE IN INTERNATIONAL TERRORISM IS A SPECIFIC ONE SUCH AS ACTS OF VIOLENCE AGAINST REPRESENTATIVES OF STATES OR DIPLOMATIC PERSONS, OR AERIAL HIJACKING, A MORE DEFINITIVE AND EFFECTIVE FORMULATION OF THE UN ORGAN'S POINT OF VIEW IS POSSIBLE. FOOTNOTES ARE PROVIDED. (AOP)