NCJ Number
51639
Date Published
1978
Length
57 pages
Annotation
THE ADEQUACY OF NATIONAL AND INTERNATIONAL LAWS PROTECTING NONDIPLOMATIC PERSONS AND PROPERTY FROM TARGETING BY TERRORISTS IS ASSAILED. IDEOLOGICAL, LEGAL, ECONOMIC, AND DIPLOMATIC STRATEGIES ARE RECOMMENDED.
Abstract
THE PROBLEMS OF IMPLEMENTING CRIMINAL SANCTIONS AGAINST ACTS OF TERROR DIRECTED AT THE PUBLIC ARE DISCUSSED. THE TEXAS ANTITERRORIST STATUTE IS CONSIDERED, ALONG WITH INTERNATIONALLY APPLICABLE STANDARDS, INCLUDING GENERAL LIMITATIONS ON THE USE OF VIOLENCE, LAWS OF ARMED CONFLICT, AND GENERAL HUMAN RIGHTS LAW. IT IS ARGUED THAT WEAKNESSES IN DOMESTIC ANTITERROR LAWS AND CLAIMED EXEMPTIONS TO INTERNATIONAL LAW, (I.E., NATIONAL LIBERATION MOVEMENTS, DEFENSE AGAINST AGGRESSION, WORKERS' STRUGGLES, AND GUERRILLA WARFARE) COMPLICATES THE ENFORCING OF SANCTIONS AGAINST TERRORISTS IN ATTACKS AGAINST CIVILIANS, AS WELL AS PERSONNEL AGAINST FACILITIES AND POLICE AND MILITARY PERSONNEL. DEPENDING ON THE MOTIVATION OF THE TERRORISTS AND THE SOCIETY WITHIN WHICH THEY OPERATE, THE LINE BETWEEN COMBATANTS AND NONCOMBATANTS MAY BE VARIOUSLY DRAWN TO INCLUDE OR EXCLUDE CERTAIN SUBSETS OF THE COMMUNITY. THUS, THE PUBLIC MAY BE MORE EFFECTIVELY PROTECTED BY ELIMINATING THE JUSTIFICATIONS FOR POLITICAL TERROR AND VIOLENCE. THERE ARE VARIED APPROACHES TO THE PROTECTION OF PERSONS AND PROPERTY IN GLOBAL SOCIETY. HOWEVER, NEARLY ANY EFFORT TO ENSURE RESPECT FOR AND IMPLEMENTATION OF GENERAL HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS WILL HAVE EFFECTS ON THE THREAT OR USE OF TERROR STRATEGIES, AS WILL NEARLY ANY THWARTING OF SUCH HUMAN RIGHTS AND FREEDOM GOALS. REFERENCE NOTES ARE PROVIDED. LEGISLATIVE MATERIALS ARE APPENDED, ALONG WITH DATA ON TERRORIST ATTACKS REFERENCED BY TARGET TYPE. (KBL)