NCJ Number
52752
Date Published
1978
Length
6 pages
Annotation
TERRORISM IS UNDENIABLY CRIMINAL CONDUCT, AND TO GRANT ANY POLITICAL EXCEPTION TO OFFENDERS WHO HAVE PERPETRATED INDISCRIMINATE DEATH AND DESTRUCTION UPON INNOCENT THIRD PARTIES IS A PATENT DENIAL OF THE RULE OF LAW.
Abstract
TERRORISM IS NOT ONLY A CRIMINAL ACT, BUT IT IS ALSO A MORAL PROBLEM. POLITICAL TERRORISM HAS BECOME LARGELY A MATTER OF GLOBAL CONCERN. THE FUNDAMENTAL ISSUE IS WHETHER THE PRIMARY FOCUS SHOULD BE ON CAUSES OF VIOLENCE OR ON ACTS OF VIOLENCE. TERROR HAS BECOME A POLITICAL WEAPON FOR USE WHEREVER AND WHENEVER A DISSIDENT GROUP IS UNABLE TO ACHIEVE ITS BASIC OBJECTIVES BY LEGITIMATE MEANS. CONTEMPORARY LEGAL SCHOLARS AND PREVAILING INTERNATIONAL LEGAL STANDARDS DEFINE TWO TYPES OF TERRORISM: (1) INDIVIDUAL OR GROUP TERRORIST ACTIVITIES; AND (2) NATIONAL OR GOVERNMENTAL REPRESSION. THE UNITED STATES HAS BEEN PRIMARILY CONCERNED WITH THE FIRST CATEGORY, AS REFLECTED IN ITS DRAFT CONVENTION FOR THE PREVENTION AND PUNISHMENT OF ACTS OF INTERNATIONAL TERRORISM, SUBMITTED TO THE UNITED NATIONS GENERAL ASSEMBLY IN 1972. TERRORISM IN MICROCOSM IS A STRUGGLE FOR POWER, AND ITS PURPOSE IS TOTALLY DESTRUCTIVE. THE QUINTESSENCE OF THE TERRORIST PROCESS, ACCORDING TO ONE AUTHOR, CENTERS ON THREE FACTORS (SOURCE OF VIOLENCE, VICTIM, AND AUDIENCE). THE NECESSARY CONCOMITANT OF TERRORISM IS FEAR AND THE ULTIMATE OBJECTIVE IS COERCION. TERRORIST ACTS INVOLVE POLITICAL DESPERATION AND ARE ROOTED IN THE BELIEF THAT VIOLENCE IS LEGITIMATE WHEN IT BECOMES A FORM OF PUBLIC PROTEST DESIGNED TO COERCE GOVERNMENTAL ENTITIES. INTERNATIONAL POLITICAL VIOLENCE AND THE PROPOSAL FOR AN INTERNATIONAL CRIMINAL COURT ARE DISCUSSED, ALONG WITH SPECIFIC TYPES OF TERRORIST ACTS (MURDER AND KIDNAPPING). (DEP)