NCJ Number
52267
Journal
RUTGERS CAMDEN LAW JOURNAL Volume: 8 Issue: 3 Dated: (SPRING 1977) Pages: 383-392
Date Published
1977
Length
10 pages
Annotation
THE HISTORY OF NATIONAL AND TRANSNATIONAL EFFORTS TO LEGALLY DIFFERENTIATE DOMESTIC TERRORISM ACTIVITY FROM INTERNATIONAL TERRORISM IS DISCUSSED, ALONG WITH THE ORIGINS OF POLITICAL TERROR VIOLENCE.
Abstract
THE WORD TERRORISM IS DERIVED FROM THE JACOBIN REIGN OF TERROR DURING THE FRENCH REVOLUTION, WHEN TERROR WAS A STATE-DIRECTED ACTIVITY. NOT UNTIL THE RISE OF 19TH CENTURY REVOLUTIONARY MOVEMENTS DID INDIVIDUAL ACTS OF TERROR MENACE ORGANIZED SOCIETY. AT FIRST THE LEGAL RESPONSE FOCUSED ON POLITICAL ASYLUM, WITH BELGIUM, FRANCE, AND SWITZERLAND PROVIDING FOR THE NONEXTRADITION OF POLITICAL OFFENDERS. FOLLOWING SEVERAL ATTEMPTED AND SUCCESSFUL ASSASSINATIONS (NAPOLEON III, PRESIDENTS LINCOLN AND GARFIELD), HOWEVER, RESTRICTIONS WERE PLACED ON THE POLITICAL OFFENSE DOCTRINE. ACTS OF TERROR DIRECTED TOWARD GOVERNMENT OFFICIALS AND CERTAIN PROTECTED PERSONS WERE SPECIFICALLY EXEMPTED FROM THE NONEXTRADITION PROVISIONS OF THE POLITICAL OFFENSE DOCTRINE. ALTHOUGH THE WAVE OF TERROR VIOLENCE THAT SWEPT OVER TSARIST RUSSIA AND WESTERN EUROPE AT THE CLOSE OF THE 19TH CENTURY LED ENGLAND AND CANADA TO FURTHER RESTRICT THE APPLICATION OF THE POLITICAL OFFENSE EXCEPTION, NO MORE CONCRETE STEPS WERE TAKEN TO REGULATE INTERNATIONAL TERRORISM UNTIL THE EVE OF THE SECOND WORLD WAR DESPITE THE FACT THE WORLD WAR I WAS TRIGGERED BY A TERRORIST MURDER OF THE HEIR TO THE THRONE OF THE AUSTRO-HUNGARIAN EMPIRE. RENEWED INTEREST IN CONTROLLING TERRORISM BEGAN WITH THE THIRD INTERNATIONAL CONFERENCE FOR THE UNIFICATION OF PENAL LAW HELD AT BRUSSELS, BELGIUM IN 1930. A NEW RASH OF ASSASSINATIONS (YUGOSLAVIA'S KING ALEXANDER, FRENCH FOREIGN MINISTER BARTHOU, AUSTRIA'S DOLLFUSS) SHARPENED THIS INTEREST. IN 1937, THE LEAGUE OF NATIONS PRODUCED TWO CONVENTIONS, ONE PROSCRIBING ACTS OF TERROR VIOLENCE, THE OTHER CALLING FOR THE CREATION OF AN INTERNATIONAL CRIMINAL COURT. ALTHOUGH SOME NOTEWORTHY REGIONAL EFFORTS TO CIRCUMSCRIBE TERRORISM HAVE TAKEN PLACE SINCE THEN, IN TERMS OF INTERNATIONAL COOPERATION, THE MOST SIGNIFICANT MEASURES HAVE BEEN THREE MAJOR AIRCRAFT PIRACY CONVENTIONS SIGNED DURING THE PAST 15 YEARS--THE TOKYO, HAGUE, AND MONTREAL CONVENTIONS. HOWEVER, THE DEBATE CONTINUES OVER THE INTERNATIONAL CRIMINAL COURT PROPOSAL, THE ISSUE OF STATE REPONSIBILITY, AND THE POSSIBLE APPLICATION OF SANCTIONS TO STATES THAT VIOLATE ESTABLISHED PRINCIPLES OF INTERNATIONAL LAW. REFERENCES ARE FOOTNOTED. (KBL)