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Extradition and Terrorism

NCJ Number
Revue de droit penal et de criminologie Volume: 60 Issue: 1 and 2 Dated: special issue (January/February 1980) Pages: complete issue
F Tulkens
Date Published
159 pages
The proceedings of the Sixteenth Franco-Belgo-Luxembourgian meeting on Criminal Science in 1979 relate to extradition.
Conference participants are university professors, judges, and jurists especially from member states of the Council of Europe. Papers presented discuss the difficulties created for French internal extradition procedure by the introduction of new extradition concepts in international conventions; and the modifications of classical extradition law contained in the 1977 European Convention on the Repression of Terrorism. Also discussed in relation to this convention are its definitions of political offenders and the requirements for nonextradition, which may be in potential conflict with French law and its effects on the definition of political offense in Belgian law. In addition, implications of the newly emerging concept of 'extradite or punish' as a means of controlling international terrorism are examined. The texts of discussions following each presentation are also provided. The conference concluded that the European Convention for the Repression of Terrorism presents grave risks for human rights and a number of potential difficulties in application. Concerned countries which have not yet ratified the convention, in this case Belgium and France, must choose among a number of unsatisfactory solutions: ratify the convention as it stands, rewrite the convention, adopt an absolute policy of 'extradite or punish,' or give existing national legal bodies (in France, the court of arraignment) complete jurisdiction in extradition matters, with the possibility of international appeals. The very difficult problems of the convention have yet to be resolved. Notes are supplied for some of the presentations. For individual papers, see NCJ 70728-32.