NCJ Number
188829
Journal
Crime and Justice International Volume: 17 Issue: 51 Dated: April 2001 Pages: 5-6,24,25
Date Published
April 2001
Length
4 pages
Annotation
This first part of a two-part paper discusses extradition issues related to the policy of the United States government to consider terrorists who commit terrorism abroad as criminals and to apply the rule of law.
Abstract
Contemporary terrorists are motivated not only by politics but also by millenarianism, racism, financial gain, and religious fundamentalism. Weapons have become increasingly complex; many groups and government sponsors of political violence now actively seek weapons of mass destruction. Governments need to find a legal means of increasing international cooperation to bring these individuals to justice. The development of an internationally accepted extradition policy seems to provide this outlet. However, lack of uniformity in extradition and deportation schemes obstructs international efforts to address international terrorism. Issues that impede the use of extradition include the political offense exception and the refusal of many countries to extradite their nationals. The principle of agreeing to prosecute nationals in domestic courts for crimes committed abroad has been used in the past as an alternative to the extradition of nationals. However, many complications exist when trying to prepare prosecution for a crime committed in another country. The insistence by the United States of including capital punishment in legislation that concerns terrorist incidents can only hinder international cooperation. The abolition of the death penalty in almost all of Europe as well as in many other countries leaves United States efforts to extradite fugitives more constrained than ever before. Reference notes