NCJ Number
138099
Journal
Criminal Law Forum Volume: 3 Issue: 1 Dated: (Autumn 1991) Pages: 1-48
Date Published
1991
Length
48 pages
Annotation
This article assesses the wisdom and effectiveness of two U.S. counterterrorist acts: the Act for the Prevention and Punishment of the Crime of Hostage Taking and the Act for Prosecution of Terrorist Acts Abroad Against United States Nationals.
Abstract
Both bills are intended to have significant practical and symbolic effects. On the practical side, the bills give the United States the tools to ensure the protection of U.S. interests by establishing Federal jurisdiction in the United States for certain extraterritorial crimes. On the symbolic level, the bills are intended to convey the seriousness of U.S. concern over the growing terrorist threat. The first section of this article examines the legislative histories of both acts. The article then assesses the legislation's validity in the context of the relevant aspects of international law, with attention to the validity of the U.S. assertion of jurisdiction to proscribe the conduct of foreign nationals abroad as well as the scope of U.S. jurisdiction to enforce extraterritorial statutes. The final section of the article examines the impact of the statutes within a framework of international law enforcement. The authors conclude that the legislation has been successful in an unexpected way. By enabling the United States to pressure states that have custody over terrorists, the statutes have increased the likelihood that terrorists will be prosecuted in those states under local laws. This is indicated in the increase in terrorist prosecutions outside the United States. The acts have thus remedied a failure in international cooperation in the prosecution of terrorists and ensured a consistent, strong international response to terrorist acts despite the continued inability of the United States to obtain custody of those who have attacked its citizens. 241 footnotes