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Terrorism and Contemporary International Criminal Law

NCJ Number
70440
Journal
Revue de droit international de sciences diplomatiques et politiques Volume: 45 Issue: 1 Dated: (January-March 1967) Pages: 11-25
Author(s)
T Tam
Date Published
1967
Length
15 pages
Annotation
The need for control of terrorism through international law is discussed.
Abstract
One of the principal problems in controlling terrorism is the lack of agreement about the meaning of the term. Essentially, terrorism must be recognized as a criminal offense involving violence and intimidation to achieve a particular end. Acts of terrorism must be differentiated from political offenses, which are not antisocial and are connected to the internal affairs of a particular state. Certain acts are considered terrorism because they affect not only the order of states but also society in general. Since the 19th century, some acts have been considered serious enough to warrant extradition, e.g., assassination, murder, mutilation, and regicide. The distinguishing characteristics of terrorism are collective danger and conspiratorial planning of offenses in support of a particular doctrine. Terrorism has escalated in the 20th century because of the emergence of new social and political ideologies and of new states, but international agreements for control have been slow in coming. In 1935, 18 articles adopted by the Sixth International Conference for Unification of Penal Law treated terrorism extensively. These articles called for severe punishment of acts against heads of states and high officials, international communications, public services, public buildings, and human life, as such acts create a common danger or a climate of terror. A 1937 conference of the League of Nations adopted conventions for the prevention and repression of terrorism and for the creation of an international criminal court. Yet, a United Nations convention for the repression of terrorism had not moved beyond 1967 project stage. To be effective, international law must require each country to abstain from activities conducive to terrorism against other states and to prohibit such activities in their territory. But the development of international criminal law which would aid such efforts is hindered by conflicts of interest by sovereign states. New international criminal law seeks to gain the authority to transform U.N. principles into practice and to classify war terrorism and violations of human rights as official international crimes. The International Legal Commission has the obligation to assure international cooperation, human justice, and lasting peace. Only through a united front against terrorists can justice be assured. Notes are provided. --in French.