INTERNATIONAL LAW AND INTERNATIONAL TERRORISM - SEMINAR REPORT (FROM TEN YEARS OF TERRORISM - COLLECTED VIEWS, 1979, BY JENNIFER SHAW ET AL - SEE NCJ-62267)

• NCJ Number: 62276
• Author(s): N CROOKENDEN; CARADON; M BATHURST; W R VANSTRAUBENZEE
• Date Published: 1979
• Length: 23 pages
• Corporate Author: Royal United Services Institute for Defence Studies
• Publication Format: Document
• Language: English
• Country: United Kingdom

Annotation

THREE EXPERTS ON LAW AND INTERNATIONAL AFFAIRS DISCUSS THE IMPACT OF TERRORISM ON INTERNATIONAL AND NATIONAL LAW AND HOW THE LAW SHOULD CHANGE TO DEAL WITH TERRORISM.

Abstract

FROM PERSONAL REMINISCENCES, SEVERAL BASIC IDEAS CONCERNING TERRORISM EMERGE: (1) PROTECTION AGAINST TERRORISTS MUST BE COMPLETE OR IT IS WORTHLESS, (2) TERRORISTS HAVE THE ADVANTAGE--THEY WAIT AND WATCH FOR THE TIMELY MOMENT TO STRIKE, AND (3) THERE SHOULD BE NO JUSTIFICATION PROVIDED BY GOVERNMENT ACTIONS FOR THE VIOLENCE OF THE TERRORISTS. THE QUESTION OF TORTURE MUST BE CONSIDERED CONCURRENTLY WITH THE QUESTION OF TERRORISM; TERRORISM CARRIED OUT BY THE STATE IS JUST AS ABHORRENT AS TERRORISM BY ILLEGAL GROUPS. INTERNATIONAL ACTION IS NECESSARY TO COMBAT INTERNATIONAL TERRORISM. THE POLITICAL PERSPECTIVE OF GREAT BRITAIN'S PROBLEMS WITH NORTHERN IRELAND IS DISCUSSED BY A FORMER POLITICIAN. IN DEALING WITH TERRORISM IN NORTHERN IRELAND, SEVERAL IDEAS ARE PUT FORTH: (1) THERE IS A VERY STRONG POLITICAL CONTENT TO THE SITUATION AND A SOLUTION CANNOT BE WHOLLY MILITARY; (2) IN DEALING WITH SECURITY, THERE MUST BE A UNIFIED COMMAND STRUCTURE; (3) SECURITY OPERATIONS MUST REMAIN WITHIN THE LAW; (4) DETENTION SHOULD BE PHASED OUT, BUT TERRORISTS SHOULD KNOW THAT, UPON BEING APPREHENDED AND DULY TRIED IN A COURT OF LAW, THEY WILL BE INCARCERATED FOR A LONG TIME; AND (5) COOPERATION BETWEEN THE REPUBLIC OF IRELAND AND AUTHORITIES IN NORTHERN IRELAND IS ESSENTIAL. FINALLY, DEVELOPMENTS IN INTERNATIONAL LAW CONCERNING TERRORISM ARE EXAMINED. THESE INCLUDE THE 1970 HAGUE CONVENTION ON HIJACKING, THE 1967 TOKYO CONVENTION AND THE ARTICLES ON THE QUESTION OF THE PROTECTION OF INTERNATIONALLY PROTECTED PERSONS DRAWN UP BY THE UNITED NATIONS INTERNATIONAL LAW COMMISSION. SEVERAL PROBLEMS PLAGUE EFFORTS TO DEAL WITH TERRORISM BY INTERNATIONAL LAW, INCLUDING THE DEFINITION OF INTERNATIONAL TERRORISM, THE STATUS OF THE VICTIM, AND EXTRADITION PROCEEDINGS. A SUMMARY OF QUESTIONS AND ANSWERS FOLLOWING THE SEMINAR CONCLUDES THE ARTICLE. (PRG)