NCJ Number
62224
Journal
Cornell International Law Journal Volume: 5 Issue: 2 Dated: (SPRING 1972) Pages: 189-217
Date Published
1972
Length
29 pages
Annotation
AFTER A REVIEW OF THE PROBLEMS CONFRONTING DIPLOMATS WHO BECOME TARGETS FOR TERRORISM, THE ARTICLE ADVOCATES REJECTION OF NEGOTIATION WITH TERRORISTS AS THE ONLY EFFECTIVE COUNTERMEASURE TO POLITICAL BLACKMAIL.
Abstract
WHILE RELATED TO TERRORIST TACTICS SUCH AS HIJACKING, THE ABDUCTION OF DIPLOMATIC PERSONNEL BY TERRORISTS IMPAIRS THE ORDERLY FUNCTION OF DIPLOMACY AMONG NATIONS AND THUS THREATENS INTERNATIONAL RELATIONS. MOREOVER, SUCH KIDNAPPINGS RAISE THE ISSUE OF THE DEGREE OF PROTECTION TO WHICH A DIPLOMAT IS ENTITLED AS A MATTER OF INTERNATIONAL LAW AND THE EXTENT TO WHICH THIS OBLIGATION MAY CONFLICT WITH PRACTICAL CONSIDERATIONS OF INTERNAL SECURITY WITHIN RECEIVING STATES. DIPLOMATIC AGENTS, UNLIKE PRIVATE CITIZENS, HAVE TRADITIONALLY BEEN AFFORDED SPECIAL PRIVILEGES AND IMMUNITIES BY THE RECEIVING STATE. THIS PERSONAL INVIOLABILITY OF DIPLOMATS IS CODIFIED IN THE VIENNA CONVENTION OF 1961 WHICH REQUIRES NATIONS TO 'TAKE APPROPRIATE STEPS TO PREVENT ANY ATTACK' AGAINST DIPLOMATS. SCHOLARS JUSTIFY THE PROTECTION OF DIPLOMATIC PERSONNEL UNDER THE LEGAL DOCTRINES OF 'EXTRATERRITORIALITY,' 'PERSONAL REPRESENTATION,' AND 'FUNCTIONAL NECESSITY' WHICH PERMIT VARYING DEGREES OF LEGAL AND CIVIL IMMUNITY. HOWEVER, TERRORISTS HAVE LEARNED THAT THE KIDNAPPING OF REPRESENTATIVES CAN BE A HIGHLY EFFECTIVE WEAPON AGAINST OTHERWISE SUPERIOR POLICE AND MILITARY FORCES. UNLIKE OTHER FORMS OF INSURGENCY, KIDNAPPING OF DIPLOMATS SEEMS EFFECTIVE AGAINST BOTH DEMOCRATIC AND AUTHORITARIAN REGIMES. NEVERTHELESS, DIPLOMATS MAY BE PROTECTED BY A MULTILATERAL PACT WHICH WOULD DENY ASYLUM TO KIDNAPPERS, BY INCREASED SECURITY EFFORTS, AND BY THE ADOPTION OF A POLICY AMONG VICTIMIZED GOVERNMENTS OF REFUSING TO BARGAIN WITH TERRORISTS. FOOTNOTES ARE PROVIDED. (TWK)