NCJ Number
56287
Journal
Soviet Law and Government Volume: 14 Issue: 3 Dated: (WINTER 1975-1976) Pages: 81-96
Date Published
1975
Length
16 pages
Annotation
THE ARTICLE DISCUSSES THE PROBLEMS FACED BY INDIVIDUAL COUNTRIES AND BY THE UNITED NATIONS (UN) IN THE DEVELOPMENT OF INTERNATIONAL POLICIES AND PROCEDURES FOR THE CONTROL OF TERRORISM.
Abstract
'INTERNATIONAL TERRORISM' REFERS TO SUBVERSIVE ACTIONS COMMITTED BY INDIVIDUALS AND ALSO BY ONE STATE AGAINST ANOTHER. THE INTERNATIONAL CHARACTER OF SUCH TERRORISM IS SHOWN WHEN THE VIOLENT ACTS OCCUR IN AREAS FOREIGN TO THE TERRORISTS, OR IN THEIR HOMELAND WITH FOREIGNERS AS THE TARGETS, AND WITH THE ENCOURAGEMENT OF A GOVERNMENT OR ORGANIZATION. ALTHOUGH MANY NATIONS SUBSCRIBE TO THE GENEVA CONVENTIONS AND THE NUREMBERG TRIBUNAL CONCERNING CONDITIONS DURING WAR, INDIVIDUAL TERRORISTS DEMONSTRATE LITTLE RESPECT FOR THE LEGAL PROTECTION OF CIVILIANS. THE ENCOURAGEMENT OF TERRORISM BY ONE STATE AGAINST ANOTHER IS REGARDED AS ACTION WITHIN THE SCOPE OF THE UNITED NATIONS CHARTER AND REGARDED AS CRIMINAL, EVEN WHEN NATIONS HIDE BEHIND A FACADE OF INDIVIDUALS. THE UN, HOWEVER, HAS NOT BEEN EFFECTIVE IN COMPELLING MEMBER NATIONS WHICH SUPPORT TERRORISTS TO DESIST FROM THEIR SURROGATE WARFARE. TERRORIST ACTS MUST BE DIFFERENTIATED BY WHO COMMITS THEM AND BY THEIR TARGETS. A TERRORIST ACT ENTERS THE SCOPE OF INTERNATIONAL LAW BY VIRTUE OF THE ACT'S EFFECT ON MEMBERS OF THE INTERNATIONAL COMMUNITY AND BY THE COLLECTIVE RESPONSE OF GOVERNMENTS AT THE INTERNATIONAL LEVEL. SPECIFIC ATTEMPTS TO FORMULATE INTERNATIONAL LAW SUCH AS THE 1970 HAGUE CONVENTION ON COMBATING ILLEGAL SEIZURE OF AIRCRAFT HAVE MET WITH SUCCESS, PARTICULARLY WHEN SUCH CONVENTIONS ALLOW A STATE TO DEFINE THE DEGREE OF APPLICABILITY OF THE CONVENTIONS TO THE CRIMINAL ACTS. DIPLOMATS WHO ARE VULNERABLE TO KIDNAPING OR ASSAULT REQUIRE THE PROTECTION AFFORDED BY ASSURED PUNISHMENT OF CONVICTED TERRORISTS. IT IS RECOMMENDED THAT THE INTERNATIONAL COMMUNITY ABANDON EFFORTS TO DRAFT GENERAL CONVENTIONS AGAINST TERRORISM. INSTEAD, SOVIET LITERATURE SUGGESTS FURTHER COOPERATION BETWEEN COUNTRIES WITHIN THE UN TO COMBAT SPECIFIC KINDS OF TERRORISM. FOOTNOTES ARE PROVIDED. (TWK)