NCJ Number
62732
Date Published
1977
Length
7 pages
Annotation
TERRORISM IS EXAMINED IN RELATION TO INTERNATIONAL LEGAL ORDER, AND THE PROPER DEFINITION OF TERRORIST ACTS IS DISCUSSED.
Abstract
FOR SOME PURPOSES, TERRORISM IS DEFINED BY REFERRING TO SUCH FACTORS AS VIOLENCE, POLITICAL MOTIVE, CONSPIRACY, AND TERROR OUTCOME. ONE MUST RECOGNIZE, HOWEVER, THAT AIRCRAFT HIJACKINGS AND ACTS OF PIRACY MAY NOT CONSTITUTE TERRORISM. ALL ACTS LABELED TERRORISM ARE COMMON CRIMES UNDER MUNICIPAL LAW OF THE TERRITORY WHERE THEY OCCUR. WHAT DISTINGUISHES THEM FROM NONTERRORISTIC ACTS OF MURDER, ARSON, BURGLARY, OR KIDNAPPING IS THE ATTEMPT BY LAW ENFORCEMENT OFFICIALS TO APPLY EXTRAORDINARY PROCEDURES WHILE DENYING THE IMPORTANCE OF SIMILAR PROCEDURES FOR THE SAME ACTS NOT LABELED TERRORISM. IN TERMS OF LEGISLATION AND INTERNATIONAL AGREEMENTS, THERE SEEMS TO BE LITTLE POINT IN DEFINING TERRORISM AS A SET OF ACTS. A MORE USEFUL DEFINITION WOULD INCLUDE THE DIRECT SPECIFICATION OF VARIOUS ACTIVITIES FOR WHICH POLICYMAKERS RATHER THAN LAW ENFORCEMENT OFFICIALS CONCLUDE THAT EXTRAORDINARY MEASURES ARE APPROPRIATE. PRESUMPTIONS IN THIS DEFINITION ARE THAT THE NORMAL LAW OF ANY SOCIETY IS ABLE TO MAINTAIN ORDER, THAT RESTRAINTS ON LAW ENFORCEMENT INCLUDE THOSE MADE BY SOCIAL TRADITIONS, AND THAT A COMPELLING CASE FOR DEPARTURE FROM SOCIAL TRADITIONS ARE MADE. WHETHER A DIFFERENCE IN POLICE AUTHORITY SHOULD RESULT ACCORDING TO THE LEVEL OF THREAT IS QUESTIONABLE. TRADITIONAL APPROACHES TO TERRORISM THAT AVOID DEFINITIONAL PROBLEMS INVOLVE ASSURING THE COOPERATION OF AFFECTED COUNTRIES THROUGH EXTRADITION TREATIES AND REACHING AN IMPORTANT AREA OF AGREEMENT BY WHICH COUNTRIES COOPERATE IN THE SUPPRESSION OF MUNICIPAL LAW CRIMES. THE UNITED NATIONS HAS FORMULATED PRINCIPLES OF INTERNATIONAL LAW REGARDING FRIENDLY RELATIONS AND COOPERATION AMONG COUNTRIES TO PREVENT THE ORGANIZATION AND INSTIGATION OF TERRORIST ACTS BASED ON THE THREAT OR USE OF FORCE. NOTES ARE INCLUDED. (DEP)