PROBLEMS OF JURISDICTION IN THE INTERNATIONAL CONTROL AND REPRESSION OF TERRORISM (FROM INTERNATIONAL TERRORISM AND POLITICAL CRIMES, 1975, BY M C BASSIOUNI - SEE NCJ-27895)

• NCJ Number: 27905
• Author(s): B DESCHUTTER
• Date Published: 1975
• Length: 14 pages
• Corporate Author: Charles C. Thomas
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE CURRENT ROLE OF EACH NATION'S DOMESTIC COURTS IN PROSECUTING ACTS OF TERRORISM WHICH OCCUR WITHIN ITS BOUNDARIES IS REVIEWED, AND STEPS TO 'INTERNATIONALIZE' NATIONAL JUSTICE IN THESE CASES ARE PROPOSED.

Abstract

ALTHOUGH AN INTERNATIONAL COURT TO DEAL WITH ACTS OF TERRORISM IS SEEN AS THE IDEAL SOLUTION TO CONTROLLING THESE ACTS, IT IS RECOGNIZED THAT SUCH A COURT IS FAR IN THE FUTURE. THE AUTHOR REVIEWS THE GENERALLY ACCEPTED THEORETICAL JUSTIFICATIONS CONFERRING JURISDICTION ON NATIONAL COURTS, INCLUDING THE TERRITORY PRINCIPLE, THE PROTECTIVE PRINCIPLE, THE PERSONALITY PRINCIPLE, AND THE CONSTITUTIVE PRESENCE DOCTRINE. THE VARIOUS CONVENTIONS ON TERRORISM ARE LISTED, AND A SUMMARY OF THE MAJOR JURISDICTIONAL PROVISIONS PRESENTED IN THESE CONVENTIONS IS PROVIDED. AN INTERMEDIATE SOLUTION TO THE PROBLEM OF PROSECUTING ACTS OF INTERNATIONAL TERRORISM - THE INTRODUCTION OF INTERNATIONALIZING ELEMENTS TO NATIONAL COURTS - IS OUTLINED.