NCJ Number
51646
Date Published
1978
Length
56 pages
Annotation
CLAIMS MADE TO JUSTIFY THE USE OF PRIVATE SANCTIONS AGAINST TERRORISM ARE EXPLORED, ALONG WITH THE LEGAL POLICIES INVOLVED, DECISIONMAKING TRENDS, AND FACTORS AFFECTING THE LEGAL PERMISSIBILITY OF SUCH MEASURES.
Abstract
INDIVIDUALS, GROUPS, AND PRIVATE INSTITUTIONS RESPOND TO TERRORISM CREATIVELY OR DESTRUCTIVELY IN TERMS OF SERVING MINIMUM PUBLIC ORDER AND HUMAN DIGNITY. THE VARIED FORMS OF PRIVATE RESPONSE INCLUDE MILITARY, ECONOMIC, DIPLOMATIC, AND IDEOLOGICAL STRATEGIES. CHOICE OF A PARTICULAR STRATEGY MUST BE ORIENTED TO THE CONTEXT AND THE RELEVANT LEGAL POLICIES AT STAKE IN GIVEN CASES. THE LEGAL POLICIES CONCERN THE PROMOTION OF MINIMUM PUBLIC ORDER, HUMAN RIGHTS, AND FUNDAMENTAL FREEDOMS AND ARE DESIGNED TO ASSURE INSTITUTIONAL COMPETENCE OF INTERNATIONAL, REGIONAL, STATE, AND SUBSTATE ENTITIES TO MANAGE COERCIVE AND NONCOERCIVE STRATEGIES. PRIVATE RESPONSES CAN INVOLVE A VARIETY OF FACTORS, INCLUDING ENLIGHTENMENT (I.E., AWARENESS OF HUMAN DIGNITY VALUES), WEALTH (E.G., WITHDRAWAL OF SUPPORT TO TERRORISTS BY FREEZING ASSETS, BREACHING CONTRACTS, SELECTIVE BOYCOTTS), WELL-BEING (I.E., DESTRUCTION OF RESOURCES, SUCH AS MEDICAL SERVICES), SKILLS (I.E., ACTIONS BY INDIVIDUALS, GROUPS, AND INSTITUTIONS, INCLUDING THE USE OF STRIKES BY SKILLED WORKERS LIKE AIRLINE PILOTS), AND POWER (E.G., FORMATION OF PRIVATE ARMIES, PRIVATE POLICE, AND HUMAN RIGHTS-ORIENTED GROUPS). WHETHER PRIVATE CHOICE WILL HELP TO PREVENT AND CONTROL TERRORISM AND TO PROMOTE PUBLIC ORDER AND HUMAN DIGNITY WILL DEPEND ON POPULAR DEMANDS FOR A WORLD OF LAW, JUSTICE, AND THE VALUES OF A FREE SOCIETY EXPRESSED IN THE HUMAN RIGHTS INSTRUMENTS OF THE 20TH CENTURY. SUCH AN AWARENESS AND DEMAND CAN BE CREATED THROUGH THE ENRICHMENT OF THE EDUCATIONAL PROCESS AND GREATER ACCESS BY ALL PEOPLES TO HUMAN INTELLIGENCE. POLICY RECOMMENDATIONS AND REFERENCE NOTES ARE PROVIDED. (KBL)