NCJ Number
55407
Journal
Israel Law Review Volume: 13 Issue: 2 Dated: (1979) Pages: 150-159
Date Published
1979
Length
10 pages
Annotation
THE PATHOLOGY OF TERRORISM IS ANALYZED TO EXPOSE THE NATURE OF ITS CRIMINAL INTENTIONS, AND LAWS AND SANCTIONS TO COMBAT IT ARE PROPOSED.
Abstract
FROM THE PERSPECTIVE OF ANY NATIONAL JURISDICTION, THERE ARE THREE SPHERES OF INTEREST THAT NEED THE PROTECTION OF LAW: THE LIVES AND LEGALLY ESTABLISHED PROPERTY INTERESTS OF THE CITIZENRY, TO BE PROTECTED BY CRIMINAL LAW; A FABRIC OF DOMINANT SOCIAL INTERACTION THREATENED BY ANTISOCIAL ACTS, TO BE DEALT WITH BY 'CORRECTIVE' LAW; AND THE CIVILIZED LIFE OF MANKIND AS A WHOLE, TO BE PROTECTED BY 'SUPRACRIMINAL' LAW. THE NORMAL SANCTION OF CRIMINAL LAW IS A TERM OF IMPRISONMENT, EITHER ACTUAL OR CONDITIONAL; THAT OF CORRECTIVE LAW, THE PAYMENT OF A FINE; AND THAT OF SUPRACRIMINAL LAW, DEATH OR LIFE IMPRISONMENT. THE AUTHORITY FOR IMPOSING SUCH SANCTIONS NORMALLY DERIVES FROM THE GENERAL STATUTES OF THE STATE FOR CRIMINAL LAW, FROM SUBSIDIARY OR LOCAL REGULATIONS FOR CORRECTIVE LAW, AND FROM UNIVERSALLY RECOGNIZED PRINCIPLES OF INTERNATIONAL LAW FOR SUPRACRIMINAL LAW. ACTS OF TERRORISM FALL UNDER THE PROSCRIPTIONS OF SUPRACRIMINAL LAW, BECAUSE THEY THREATEN THE VALUES AND REALITIES PROTECTED AND EXPRESSED UNDER INTERNATIONAL LAW. TERRORISM IS AN ORGANIZED ATTEMPT TO COMMIT GENOCIDE AGAINST THE PEOPLE OF ISRAEL IN TERMS OF THEIR POLITICAL AND CULTURAL IDENTITY. REGARDLESS OF THE IDENTITY OF THOSE AGAINST WHOM GENOCIDE IS INTENDED, THE NUREMBERG TRIALS MADE CLEAR THAT THE ACT OF GENOCIDE IS IN ITSELF A VIOLATION OF THE SENSITIVITIES AND BASIC CIVILIZED LIFE OF THE WHOLE OF MANKIND. ACTS OF TERRORISM AS SO PERCEIVED SHOULD THEREFORE BE SANCTIONED BY EITHER MANDATORY DEATH PENALTY OR LIFE IMPRISONMENT WITHOUT CONDITIONS, DEPENDING ON WHICH IS APPROPRIATE TO THE STATE IN WHICH A TERRORISM OFFENSE IS TRIED. (RCB)