NCJ Number
63586
Journal
International and Comparative Law Quarterly Volume: 23 Dated: PART 1 (JANUARY 1974) P 32-72 (FOURTH SERIES)
Date Published
1974
Length
41 pages
Annotation
THE DRAFT ARTICLES OF A MULTILATERAL AGREEMENT FOR THE PROTECTION OF INTERNATIONAL OFFICIALS FROM ACTS OF TERRORISM ARE EXAMINED FOR TEXTUAL LOOPHOLES AND UNINTENTIONAL IMPLICATIONS.
Abstract
THE 'DRAFT ARTICLES ON THE PREVENTION AND PUNISHMENT OF CRIMES AGAINST DIPLOMATIC AGENTS AND OTHER INTERNATIONALLY PROTECTED PERSONS' CONTAINS SUBSTANTIVE PROVISIONS WHICH DEAL EFFECTIVELY WITH TERRORISM. NEVERTHELESS, MODIFICATIONS TO CERTAIN SECTIONS OF THE TEXT ARE RECOMMENDED TO ENSURE TEXTUAL CORREXPONDENCE WITH INTENDED MEANING. PROBLEMS OF AMBIGUITY ARE FOUND IN AUXILIARY ARTICLES, WHICH, UNCORRECTED, MAY DEFEAT THE PROPER APPLICATION OF THE SUBSTANTIVE PROVISIONS. FOR EXAMPLE, THE ITINERANT DIPLOMATS AND OFFICIALS OF INTERNATIONAL ORGANIZATIONS, GROWING INCREASINGLY NUMEROUS WITH THE COMPLEXITIES OF MODERN DIPLOMACY, ARE INSUFFICIENTLY PROTECTED BY CONVENTIONAL INTERNATIONAL LAW. IT IS THEREFORE A WEAKNESS OF THE ARTICLES TO REFER TO CONVENTIONAL LAW FOR A CLOSER DEFINITION OF PROTECTED PERSONS. A MORE EXACT AND BINDING ENUMERATION OF THE CATEGORIES OF PROTECTED PERSONS IS NECESSARY. MOREOVER, THE DRAFT ARTICLES REFER TO A GENERAL 'VIOLENT ATTACK' UPON THE PERSON OR LIBERTY OF PROTECTED PERSONS AS THE CRIME IN QUESTION, LEAVING SPECIFIC OFFENSES TO BE CLARIFIED BY INTERNAL LAWS OF INDIVIDUAL NATIONS. THE REVERSE PROCEDURE IS RECOMMENDED. THE ARTICLES SHOULD DEFINE ACTS OF TERRORISM SPECIFICALLY SO THAT INTERNAL LAWS CAN BE ADAPTED WHERE NECESSARY. IN ADDITION, THE DRAFT ARTICLES IN THEIR PRESENT FORM MAKE CRIMES AGAINST PROTECTED PERSONS INTERNATIONAL OFFENSES, AND STATES-PARTIES ARE REQUIRED TO PUNISH THESE OFFENSES MORE SEVERELY OFFENDERS COMMITTING CORRESPONDING CRIMES AGAINST COMMON PERSONS. WERE THE ARTICLES TO DEFINE THE OFFENSES AS SPECIFIC TERRORIST ACTS, THE SEVERITY OF PUNISHMENT WOULD BE APPROPRIATE AND SERVE THE INTENDED DETERRENT FUNCTION. ADDITIONAL AMBIGUITIES ARE FOUND IN SECTIONS DEALING WITH EXTRADITION REQUIREMENTS AND CONTRASTING 'NONINTERVENTION' SAFEGUARDS, AS WELL AS IN THE PROVISIONS FOR DISPUTE SETTLEMENT BETWEEN STATES-PARTIES. THE ARTICLES NEED TO ENSURE MORE PRECISELY THE HUMAN RIGHTS OF OFFENDERS TO PREVENT TERRORISTS FROM FALLING VICTIM TO A PUBLIC SPIRIT OF OUTRAGE AND RETRIBUTION WITHOUT JUSTICE. (MRK)