NCJ Number
141782
Date Published
1993
Length
16 pages
Annotation
This paper outlines the normative scope of conventional international law relevant to prohibitions of terrorism in armed conflict and of the capabilities and limitations of the measures available to repress them.
Abstract
The discussion first distinguishes between the law of armed conflict and the multilateral treaties developed to deter and prevent such international acts of terrorism as hijacking and other threats against the safety of civil aviation, offenses against diplomats and other internationally protected persons, and against the taking of hostages. The Law of Armed Conflict bears directly on the parties to the conflict, whether they be states or qualified liberation movements. They provide for the usual compensation remedies under the concept of state responsibility. The parties are obliged to impose criminal and administrative sanctions against the military or civilian agents of any party who commits breaches of the norms. The paper then identifies and explains the types of terrorism that are denounced by the Law of Armed Conflict. These are direct attacks against civilians and unlawful pressure against civilians in the hands of a party to the conflict. The concluding section discusses extradition in relation to acts of international terrorism and breaches of the Law of Armed Conflict. This section focuses on U.S. law pertinent to international extradition. It recommends modifications that will address the practice of states regarding the application of the political offense exception to normal combat activities that occur in a noninternational armed conflict in another country. 36 notes