INTERNATIONAL LAW AND THE EXPORT OF TERRORISM

• NCJ Number: 63035
• Journal: DEPARTMENT OF STATE BULLETIN Volume: 67 Issue: 1745 Dated: (DECEMBER 4, 1972) Pages: 645-652
• Author(s): J R STEVENSON
• Date Published: 1972
• Length: 8 pages
• Corporate Author: US Dept of State
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: ADDRESS MADE BEFORE THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK AND THE AMERICAN SOCIETY OF INTERNATIONAL LAW AT NEW YORK, NY ON NOVEMBER 9, 1972

Annotation

AMERICAN EFFORTS ARE DESCRIBED IN PROMOTING INTERNATIONAL LEGAL ACTION AGAINST HIJACKING AND SABOTAGE OF CIVIL AIRCRAFT, KIDNAPPING AND ASSASSINATION OF DIPLOMATS, AND THE EXPORT OF TERRORISM.

Abstract

BECAUSE POLITICAL DISPUTES AMONG NATIONS PREVENT A UNIFORM DEFINITION OF INTERNATIONAL TERRORISM, THE U.S. HAS FOCUSED ON IDENTIFYING CATEGORIES OF OFFENSES WHICH SHOULD BE CONDEMNED BY STATES OF EVERY IDEOLOGY AND ALIGNMENT. HIJACKING AND SABOTAGE OF CIVIL AIRCRAFT WERE THE FIRST AREAS IN WHICH WIDESPREAD SUPPORT OF INTERNATIONAL LEGAL ACTION DEVELOPED. THE TOKYO, HAGUE, AND MONTREAL CONVENTIONS REQUIRE STATES TO PUNISH HIJACKERS OR SABOTEURS REGARDLESS OF WHERE THE EVENT OCCURRED. ADDITIONAL ACTION IS NEEDED, HOWEVER, BECAUSE SOME STATES HAVE NOT RATIFIED THESE CONVENTIONS AND OFTEN PROVIDE HAVENS FOR HIJACKERS. THE U.S. HAS PROPOSED A TREATY WHICH WOULD PERMIT SUSPENSION OF ALL AIR SERVICE TO COUNTRIES FAILING TO FOLLOW THESE CONVENTIONS. IN THE AREA OF PROTECTION OF DIPLOMATS, THE U.S. HAS SOUGHT TO APPLY TECHNIQUES DEVELOPED IN THE AREA OF AIRLINE REGULATION. IN 1971, THE ORGANIZATION OF AMERICAN STATES ADOPTED A CONVENTION DEFINING KIDNAPPING AND OTHER CRIMES AGAINST DIPLOMATS AS INTERNATIONAL CRIMES. THE UNITED NATIONS (UN) IS IN THE PROCESS OF DRAFTING A SIMILAR CONVENTION. THE U.S. HAS MADE IT A FEDERAL OFFENSE TO KIDNAP, ASSAULT, OR HARASS FOREIGN OFFICIALS IN THE U.S. TO COMBAT THE EXPORT OF TERRORISM, THE U.S. HAS SUBMITTED TO THE UN GENERAL ASSEMBLY A DRAFT CONVENTION ON INTERNATIONAL TERRORISM WHICH IS LIMITED TO MURDER, KIDNAPPING, OR BODILY HARM; TO CRIMES COMMITTED OUTSIDE THE NATIONAL STATES OF BOTH THE OFFENDER AND THE TARGET STATE; AND TO CRIMES NOT INVOLVING MILITARY PERSONNEL. THIS CONVENTION WOULD COVER MOST RECENT ACTS OF INTERNATIONAL TERRORISM BUT WOULD NOT DEAL WITH A STATE'S INTERNAL CONFLICTS. WHILE CONVENTIONS ALONE WILL NOT ELIMINATE TERRORISM, FAILURE TO DEVELOP THEM CAN ONLY ENCOURAGE INCREASED TERROR AND ANARCHY. FOOTNOTES ARE INCLUDED. (CFW)