NCJ Number
62973
Journal
NAVAL WAR COLLEGE REVIEW Volume: 32 Issue: 2 Dated: (MARCH-APRIL 1979) Pages: 59-67
Date Published
1979
Length
9 pages
Annotation
HAVENS FOR TERRORISTS ARE DISCUSSED, AND LEGISLATION AND TREATIES TO CURB INTERNATIONAL CRIMINALITY RELATED TO SUCH ACTS AS AIRCRAFT HIJACKINGS AND HOSTAGE SEIZURES ARE NOTED.
Abstract
DESPITE THE GLOBAL IMPACT OF TERRORISM AND VIOLENCE DURING THE 1970'S, NO GENERALLY ACCEPTED DEFINITION OF TERRORISM EXISTS. INDIVIDUAL OR GROUP TERRORISM, AS OPPOSED TO GOVERNMENT OR STATE TERRORISM, INVOLVES THE USE OF FORCE OR THE THREAT OF FORCE AGAINST INNOCENT THIRD PARTIES FOR IDEOLOGICAL, FINANCIAL, OR PSYCHOLOGICAL PURPOSES. ANTIHIJACKING CONVENTIONS (TOKYO--1963, HAGUE--1970, AND MONTREAL--1971) HAVE CRIMINALIZED ATTACKS ON AIRCRAFT, PASSENGERS, AND AIRPORT FACILITIES. MANY LOOPHOLES EXIST IN THESE CONVENTIONS, HOWEVER, AND SANCTIONS AGAINST BOTH PRINCIPLES AND ACCOMPLICES ARE NOT COMPULSORY. ANOTHER COMPLICATING FACTOR IS THE CONTROVERSIAL ISSUE OF POLITICAL CRIMES. DESPITE THE GENERAL LEGAL TRADITION THAT POLITICAL CRIMINALITY IS AN EXCUSING CONDITION FOR TERRORISM, ONE TYPE OF ACT HAS BEEN WIDELY ACCEPTED AS AN INTERNATIONAL CRIME. THE SO-CALLED ATTENTAT CLAUSE, CRIMINALIZING MURDEROUS ATTACKS UPON HEADS OF STATE OR MEMBERS OF THEIR IMMEDIATE FAMILIES, WAS INCORPORATED INTO INTERNATIONAL LAW DURING THE 19TH CENTURY. THIS EXCEPTION RECEIVED STATUTORY FORMALIZATION IN THE 1957 EUROPEAN CONVENTION ON EXTRADITION. PROTECTIONS GRANTED TO HEADS OF STATE WERE BROADENED TO INCLUDE DIPLOMATS AND OTHER INTERNATIONALLY PROTECTED PERSONS BY THE ORGANIZATION OF AMERICAN STATES IN 1971 AND BY A UNITED NATIONS (UN) CONVENTION IN 1971. EXEMPTIONS GRANTED BY THE UN TO NATIONAL LIBERATION MOVEMENTS HAVE COMPOUNDED DIFFICULTIES IN CONTROLLING TERRORIST BEHAVIOR AND THE VICTIMIZATION OF INNOCENT PERSONS AND HAVE LITERALLY GIVEN UN APPROVAL TO SHELTERING ACTIVITIES OF HAVEN STATES. THE WORLD COMMUNITY HAS BEEN FORCED TO ADOPT A MORE RIGOROUS POSITION ON INTERNATIONAL CRIMINALITY AS A RESULT OF INCREASED AERIAL HIJACKINGS AND HOSTAGE SEIZURES. IN 1978, FOR EXAMPLE, SEVEN HEADS OF GOVERNMENT REPRESENTING CANADA, GREAT BRITAIN, FRANCE, WEST GERMANY, ITALY, JAPAN, AND THE UNITED STATES AGREED TO DENY POLITICAL HAVEN TO SKYJACKERS AND PLEDGED TO CUT OFF COMMERCIAL AIR SERVICE WITH ANY HARBORING STATE. THERE IS SUFFICIENT LEGAL PRECEDENT AND INTERNATIONAL LEGISLATION TO PERMIT SOME TYPE OF SANCTION SYSTEM AGAINST TERRORISM AND VIOLENCE, BUT CONCERTED ENFORCEMENT BY STATES IS LACKING. NOTES, INCLUDING REFERENCES AND CASE LAW, ARE PROVIDED. (DEP)