NCJ Number
61351
Date Published
1974
Length
16 pages
Annotation
CURRENT PROBLEMS ENCOUNTERED IN ATTEMPTS TO DEFINE AND DEAL WITH INTERNATIONAL TERRORISM ARE EXAMINED, AND ALTERNATIVE APPROACHES ARE SUGGESTED.
Abstract
THE WORLD COMMUNITY HAS FAILED TO AGREE ON A DEFINITION OF INTERNATIONAL TERRORISM BECAUSE OF DISAGREEMENTS OVER SUCH ISSUES AS KINDS OF ACTS, LOCATIONS, VICTIMS, AND CIRCUMSTANCES TO BE COVERED BY A LAW ON INTERNATIONAL TERRORISM. THE APHORISM, 'ONE MAN'S TERRORISM IS ANOTHER MAN'S HEROISM', SUMMARIZES THESE DEFINITIONAL DISAGREEMENTS. IN ADDITION, THERE IS BASIC DISAGREEMENT ABOUT WHETHER STATE TERRORISM OR INDIVIDUAL ACTS OF TERRORISM ARE OF MOST IMMEDIATE CONCERN. IN THIS SETTING, AN ALL-INCLUSIVE DEFINITION OF INTERNATIONAL TERRORISM IS NEITHER NECESSARY NOR DESIRABLE. INSTEAD, THE WORLD COMMUNITY SHOULD AGREE ON WHAT KINDS OF ACTIVITY ARE INTOLERABLE UNDER ANY CIRCUMSTANCES AND SHOULD DEFINE SUCH ACTS AS INTERNATIONAL CRIMES SUBJECT TO INTERNATIONAL CRIMINAL JURISDICTION AND PROCEDURES. THIS APPROACH HAS BEEN ADOPTED BY THE UNITED NATIONS. ITS CONVENTION ON PROTECTION OF DIPLOMATS REFERS ONLY TO 'CRIMES,' BUT MAKES NO REFERENCE TO TERRORISM. THE HAGUE AND MONTREAL CONVENTIONS REGARDING AVIATION HAVE USED THE SAME APPROACH, BUT ARAB AND OTHER STATES HAVE REFUSED TO RATIFY THEM. CONCLUSION AND RATIFICATION OF SUCH INTERNATIONAL MEASURES ARE BY THEMSELVES INSUFFICIENT CONTROL MEASURES BUT ARE DESIRABLE BECAUSE THEY FILL GAPS IN CURRENT LAW AND PRACTICE. NEVERTHELESS, ADDITIONAL DOMESTIC LEGISLATION WOULD ALSO BE NECESSARY FOR ENFORCEMENT OF THE INTERNATIONAL CONVENTIONS. IN ADDITION, IMPROVEMENT OF SECURITY MEASURES AGAINST AIRCRAFT HIJACKING, AND MORE SUBSTANTIAL EFFORTS TO RESOLVE THE CONFLICTS WHICH HAVE PRECIPITATED THE ACTS OF TERRORISM, ARE NEEDED. A BIOGRAPHICAL NOTE ON THE AUTHOR IS INCLUDED. (CFW)