NCJ Number
62216
Journal
STANFORD JOURNAL OF INTERNATIONAL STUDIES Volume: 12 Dated: (1977) Pages: 79-130
Date Published
1977
Length
52 pages
Annotation
THIS ARTICLE EXPLORES RECURRENT CLAIMS TO USE PRIVATE MEASURES OF PUNISHMENT AGAINST TERRORISTS AND FOCUSES ON RELEVANT DOCTRINES, TYPES OF LEGAL POLICY, AND TRENDS IN DECISIONMAKING.
Abstract
TERRORISM IS A VIOLENT STRATEGY OF COERCION USED TO ALTER THE FREEDOM OF CHOICE OF OTHERS. IN THEIR RESPONSE TO TERRORISM, INDIVIDUALS OR GROUPS SEEK TO USE MILITARY, ECONOMIC, DIPLOMATIC, OR IDEOLOGIC STRATEGY (OR SOME COMBINATION OF THESE) TO PROMOTE ONE OR MANY OF THE PUNISHMENT OBJECTIVES CATEGORIZED AS PREVENTION, DETERRENCE, RESTORATION, REHABILITATION, RECONSTRUCTION, AND CORRECTION. INCREASED USE OF MILITARY STRATEGY FOR PREVENTION AND DETERRENCE--SUCH AS PRIVATE GUARDS AT BANKS AND AIRPORTS--SHOULD NOT POSE SIGNIFICANT POLICY QUESTIONS, BUT WIDESPREAD USE OF PRIVATE GUARDS COULD THREATEN THE CIVIL ORDER. SIMILARLY, PRIVATE AID TO TERRORIST VICTIMS SHOULD BE LEGALLY PERMISSIBLE. PRIVATE ECONOMIC MEASURES AIMED AT RECONSTRUCTION OR CORRECTION, HOWEVER, MAY THREATEN STATE POWER AND LAW ENFORCEMENT. OTHER PERMISSIBLE STRATEGIES INCLUDE IDEOLOGY, WHICH IS POTENTIALLY ONE OF THE MOST EFFECTIVE PRIVATE RESPONSES. THE ARTICLE DISCUSSES THE USE OF THESE STRATEGIES IN THE CONTEXT OF CONSTITUTIONAL, STATE, AND INTERNATIONAL LAW, AND EMPHASIZES THE IMPORTANCE OF USING EDUCATION, THE MEDIA, AND THE INFLUENCE OF PRIVATE GROUPS IN COMBATING TERRORIST INFLUENCE. QUESTIONS CONCERNING STATE USE OF WEALTH AND WELL-BEING PROCESSES, SKILL GROUPS, AND PRIVATE ARMIES IN THE CONTEXT OF LEGAL RIGHTS ARE ALSO DISCUSSED, AND THE NEED FOR U.S. INTOLERANCE OF PRIVATE ASSASSINATION AND RELATED ILLEGALITIES IS STRESSED. EXTENSIVE FOOTNOTES ARE APPENDED. (AOP)