TOWARD LEGAL RESTRAINTS ON INTERNATIONAL TERRORISM

• NCJ Number: 62314
• Journal: American Journal of International Law Volume: 67 Issue: 5 Dated: (NOVEMBER 1973) Pages: 88-94
• Author(s): J N MOORE
• Date Published: 1973
• Length: 7 pages
• Corporate Author: American Soc of International Law
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: FROM AMERICAN SOCIETY OF INTERNATIONAL LAW, PROCEEDINGS OF THE 67TH ANNUAL MEETING, WASHINGTON, DC, APRIL 12-14, 1973

Annotation

MYTHS OBSTRUCTING INTERNATIONAL PROHIBITIONS AGAINST TERRORIST ACTS ARE DISCUSSED, AND EXISTING INTERNATIONAL RESTRAINTS ON TERRORISM ARE CONSIDERED.

Abstract

MYTHS INCLUDE (1) OPPOSITION TO THE ACTIONS OF TERRORISTS INSURE OPPOSITION TO THE SELF-DETERMINATION OF PEOPLES, (2) MEASURES TO CONTROL INTERNATIONAL TERRORISM ARE AIMED AT A PARTICULAR MOVEMENT OR CAUSE; AND (3) THE CAUSES OF TERRORISM MUST BE DETERMINED BEFORE UNDERTAKING ITS CONTROL. THE CAUSE, RATIONALE, OR MOVEMENT ASSOCIATED WITH TERRORIST ACTS IS NOT OF MAJOR RELEVANCE IN DEVISING AN INTERNATIONAL RESPONSE TO SUCH DEEDS, RATHER THE CHARACTER OF THE DEEDS REQUIRES INTERNATIONAL SANCTIONS AGAINST THEM. EVEN IN THE CONTEXT OF FULL SCALE WAR, REGARDLESS OF THE MERITS OF THE CAUSES IN CONFLICT, CERTAIN TACTICS HAVE BEEN DEEMED SO ODIOUS AS TO BE OUTLAWED EVEN IN THE MOST SEVERE CONFLICT. THE FOLLOWING TACTICS OF TERRORISM FALL INTO THIS CATEGORY AND SHOULD BE INTERNATIONALLY OPPOSED: (1) THREATS OR ATTACKS AGAINST INTERNATIONAL CIVIL AVIATION, (2) ATTACKS AGAINST DIPLOMATS OR OTHER INTERNATIONALLY PROTECTED PERSONS, AND (3) THE EXPORTING OF TERRORISM ABROAD OR TARGETING FOR VIOLENCE INNOCENT PERSONS NOT DIRECTLY INVOLVED IN A POLITICAL CONFLICT. SOME INTERNATIONAL LEGAL INITIATIVES HAVE BEEN TAKEN TO DEAL WITH THESE TERRORIST TACTICS, REFERRING TO THE EXTRADITION OR PROSECUTION OF THE SIGNIFICANCE OF ATTACKS UPON DIPLOMATS AND THE PROHIBITION OF EXPORTED TERRORISM. THESE INTERNATIONAL LEGAL INITATIVES DO NOT DEPEND ON DEFINING 'INTERNATIONAL TERRORISM' ARE AIMED AT SPECIFIC TACTICS OF VIOLENCE WHICH SERIOUSLY ENDANGER HUMAN RIGHTS AND THE INTERESTS OF THE INTERNATIONAL COMMUNITY, AND ACHIEVE THEIR EFFECT BY REQUIRING SEVERE PENALTIES AND BY CREATING A VARIATION OF UNIVERSAL JURISDICTION REQUIRING SIGNATORY STATES TO EITHER PROSECUTE OR EXTRADITE OFFENDERS FOUND IN THEIR TERRITORY. FOOTNOTES ARE INCLUDED. (RCB)