NCJ Number
47400
Journal
Akron Law Review Volume: 7 Issue: 3, Dated: (SPRING, 1974) Pages: 380-387
Date Published
1974
Length
8 pages
Annotation
A BRIEF SURVEY OF THE STATUS OF TERRORISM AS REGARDS INTERNATIONAL LAW IS PRESENTED.
Abstract
TERRORISM MAY BE DEFINED AS THE DELIBERATE KILLING, WOUNDING, OR DEPRIVATION OF THE LIBERTY OF INNOCENT CIVILIANS FOR POLITICAL PURPOSES IN TIME OF ARMED CONFLICT. IT MAY BE ACCOMPLISHED BY MEMBERS OF REGULARLY CONSTITUTED ARMED FORCES OR PERSONS NOT RECOGNIZED AS BELLIGERENTS. IF THE RECOGNIZED LAW OF WAR WERE TO BE APPLIED TO ACTS OF TERRORISM, THE RESULTS WOULD ASSUME TWO FORMS: (1) IF THE PERPETRATORS WERE RECOGNIZED AS ACTING ON BEHALF OF A STATE, THEIR ACTS DIRECTED AGAINST CIVILIANS WHO TAKE NO PART IN THE HOSTILITIES WOULD CONSTITUTE WAR CRIMES; (2) IF THE PERPETRATORS WERE NOT ACTING ON BEHALF OF A STATE AND WERE NOT MEMBERS OF THE ARMED FOCES, OFFICIALS, EMPLOYEES, OR AGENTS OF THE STATE, THEN THE ACTS OF TERRORISM WOULD BE PRIVATE WAR AND THUS WOULD CONSTITUTE MURDER, PILLAGE, ASSAULT, KIDNAPPING, BANDITRY, OR SOME OTHER OFFENSE UNDER MUNICIPAL LAW. LOGIC WOULD DICTATE THAT ACTS OF TERRORISM, EVEN IF COMMITTED BY PERSONS NOT PURPORTING TO ACT ON BEHALF OF A STATE, SHOULD BE REGARDED AS VIOLATIONS OF INTERNATIONAL LAW AND SUBJECT TO UNIVERSAL JURISDICTION LIKE OTHER WAR CRIMES. INTERNATIONAL ORGANIZATIONS AND STATES HAVE TREATED TERRORISM IN VARIOUS WAYS. THE UNITED NATIONS AD HOC COMMITTEE ON INTERNATIONAL TERRORISM HAS SUGGESTED THAT: (1) MEASURES (UNSPECIFIED) SHOULD BE TAKEN AGAINST ACTS OF INTERNATIONAL TERRORISM; (2) THESE MEASURES SHOULD BE DIRECTED AT THE SITUATIONS WHICH GIVE RISE TO ACTS OF TERRORISM; AND (3) PERHAPS SOME COMBINATION OF THESE TWO MEASURES SHOULD BE EMPLOYED. AIR PIRACY AND ATTACKS ON DIPLOMATS HAVE BEEN DISCUSSED. THE COMMITTEE HAS ARGUED THAT PARTICIPANTS IN A CONFLICT LABELED AS A 'WAR OF NATIONAL LIBERATION' ARE NOT EXEMPT FROM ACCEPTED RULES OF WAR. CONVERSELY, PARTICIPANTS IN A CONFLICT WAGED AGAINST ALLEGED ILLEGAL OCCUPATION OF TERRITORY BY ANOTHER STATE ARE LIABLE TO ABIDE BY THESE RULES. IT IS CONCLUDED THAT: (1) BANDITRY IS STILL BANDITRY, AND WAR CRIMES ARE STILL WAR CRIMES; (2) IT IS ADVISABLE TO KEEP AWAY FROM CRIMINALS ACTING FOR POLITICAL MOTIVES OR TO STAY UNDER ARMED PROTECTION; (3) TREATIES CAN ACCOMPLISH LITTLE IN THE FACE OF OPPOSITION FROM BELLIGERENT STATES; (4) WHAT MEASURES CAN BE TAKEN MUST BE TAKEN NEVERTHELESS; AND (5) ABOVE ALL, TALK ABOUT WARS OF NATIONAL LIBERATION SHOULD NOT BE ALLOWED TO DISTORT PERSONAL OR NATIONAL VISION. INDISCRIMINATE VIOLENCE, WHETHER BY WAY OF WAR CRIMES, ATTACKS ON DIPLOMATS, SEIZURE OF AIRCRAFT, OR THE KILLING OF CIVILIANS IN THIRD STATES IS AND REMAINS UNLAWFUL. (KBL)