NCJ Number
81144
Journal
Conflict Volume: 3 Issue: 2/3 Dated: (1981) Pages: 143-165
Date Published
1981
Length
23 pages
Annotation
A framework for the legal regulation of international terrorism is proposed, and state policies which obstruct the adoption of this framework are identified.
Abstract
The legal regulation of international terrorism should establish terrorism as criminal conduct, provide for mutual assistance among states to combat terrorism, and eliminate sanctuaries and asylum. These goals can be accomplished by (1) the enactment and enforcement of domestic criminal laws which extend to certain crimes affecting the state committed extraterritorially (abroad, on the high seas, in space); (2) the establishment and enforcement of laws made pursuant to and under international treaties and agreements, with such arrangements identifying which acts are criminal, providing for extradition or prosecution, and stipulating assistance in the enforcement of such laws; and (3) the identification of which crimes are to be considered international crimes, either through specific international treaties or international custom. Policy differences among states, however, have frustrated the adoption and application of the aforementioned measures. Policies which preclude such cooperation are official support of wars of national liberation; support of organized terrorist groups indirectly with arms, training, logistics, and financial assistance; the granting of asylum to terrorists by states which support their aims; and refusal to extradite for acts not considered crimes in the sanctuary state. The first step in developing the international legal regulation of terrorism is to reach agreement and definitions and operating principles regarding what constitutes terrorism. Seven notes are provided.