CONCEPT OF PUBLIC PURPOSE TERROR IN INTERNATIONAL LAW DOCTRINES AND SANCTIONS TO REDUCE THE DESTRUCTION OF HUMAN AND MATERIAL VALUES

• NCJ Number: 62595
• Journal: HARVARD LAW JOURNAL Volume: 18 Issue: 1, Dated: (1973) Pages: 12-28
• Author(s): W T MALLISON; S V MALLISON
• Date Published: 1973
• Length: 17 pages
• Corporate Author: Harvard University
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: THIS STUDY PRESENTED AT THE INTERNATIONAL SYMPOSIUM ON TERRORISM AND POLITICAL CRIMES SPONSORED BY THE INTERNATIONAL INSTITUTE OF HIGHER STUDIES IN CRIMINAL SCIENCE, SYRACUSE, ITALY, IN JUNE 1973

Annotation

FOCUSING ON TERRORISM IN THE MIDDLE EAST FROM THE PALESTINIAN PERSPECTIVE, THIS ARTICLE EXAMINES METHODS OF REDUCING TERROR THROUGH THE USE OF INTERNATIONAL LAW.

Abstract

TERROR IS DEFINED AS THE SYSTEMATIC USE OF EXTREME VIOLENCE AND THREATS OF VIOLENCE TO ACHIEVE PUBLIC OR POLITICAL OBJECTIVES. SUCH PUBLIC PURPOSE OR IDEOLOGICALLY MOTIVATED TERROR IS CONDUCTED BY GOVERNMENTS, GROUPS WITH DIVERSE CHARACTERISTICS, AND INDIVIDUALS. THIS ANALYSIS FOCUSES ON SANCTIONS APPLICABLE TO BOTH GOVERNMENT AND NONGOVERNMENT GROUPS. THE IDEAL LONG-RANGE OBJECTIVES ARE THE ELIMINATION OF ACTS OF TERROR AND THEIR DESTRUCTIVE CONSEQUENCES; INITIAL OBJECTIVES INVOLVE THE SUBSTANTIAL REDUCTION OF THE DESTRUCTION OF HUMAN AND MATERIAL VALUES RESULTING FROM TERRORISM. DIVERSE CONCEPTS OF TERRORISM ARE EXAMINED, INCLUDING THE U.S. DRAFT RESOLUTION OFFERED TO THE UNITED NATIONS GENERAL ASSEMBLY ON SEPTEMBER 26, 1972, WHICH EMPHASIZED THE PREVENTION OF AIRCRAFT HIJACKING, AND THE U.N. GENERAL ASSEMBLY RESOLUTION OF DECEMBER 18, 1972. THE QUESTION OF WHETHER A SINGLE OR DOUBLE-STANDARD OF LAW IS BEING APPLIED TO ACTS OF TERRORISM IS DISCUSSED, WITH THE CONCLUSION DRAWN THAT THE UNITED STATES AND ISRAEL APPLY ONE STANDARD TO AGGRESSIVE, TERRORIST ACTS AGAINST ISRAEL AND ANOTHER STANDARD TO ACTS COMMITTED BY ISRAEL. AS A FIRST STEP IN ELIMINATING TERRORIST ACTS, EXISTING INTERNATIONAL LAWS SHOULD BE ENFORCED. DISCUSSION COVERS THE HAGUE CONVENTION OF 1907, THE FOUR GENEVA CONVENTIONS OF 1949 FOR THE PROTECTION OF WAR VICTIMS, AND THE INTERNATIONAL MILITARY TRIBUNAL AT NUREMBERG, GERMANY. IT APPEARS THAT A DOUBLE-STANDARD OF MORALITY EXISTS WHICH PROMOTES TERROR BY REINFORCING THE CONVICTION OF NONGOVERNMENTAL TERRORISTS THAT THEY AND THE DISPOSSESSED AND OPPRESSED PEOPLES THEY CLAIM TO REPRESENT CANNOT ACHIEVE JUSTICE THROUGH PEACEFUL PROCEDURES. THIS DOUBLE-STANDARD IS ALSO BASED ON THE TOTALITARIAN ASSUMPTION THAT OF ALL THE HUMAN INSTITUTIONS DESIGNED TO SERVE MANKIND, ONLY THE STATE AND ITS GOVERNMENT OFFICIALS ARE ABOVE THE LAW. FOOTNOTES ARE PROVIDED. (PRG)