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NCJ Number: 51638 Find in a Library
Title: PROTECTED PERSONS AND DIPLOMATIC FACILITIES (FROM LEGAL ASPECTS OF INTERNATIONAL TERRORISM, 1978, BY ALONA E EVANS AND JOHN F MURPHY - SEE NCJ-51633)
Author(s): J F MURPHY
Corporate Author: Lexington Books
United States of America

American Soc of International Law
United States of America
Date Published: 1978
Page Count: 63
Sponsoring Agency: American Soc of International Law
Washington, DC 20008
Lexington Books
New York, NY 10022
Format: Document
Language: English
Country: United States of America
Annotation: DIPLOMATS' PRIVILEGES AND IMMUNITIES ARE DISCUSSED IN TERMS OF THE INVIOLABILITY OF THEIR PERSON, RESIDENCE, AND PROPERTY AGAINST SERIOUS ATTACKS INVOLVING THE THREAT OR USE OF FORCE BY TERRORISTS.
Abstract: AN OVERVIEW OF THREATS AND THE USE OF FORCE AGAINST DIPLOMATS INCLUDES A DISCUSSION OF THE PRIMARY THEORETICAL BASES OF INVIOLABILITY AS FOUND IN SUCH INSTRUMENTS AS THE VIENNA CONVENTION ON DIPLOMATIC RELATIONS. AN ANALYSIS OF NATIONAL LAW AND PRACTICE REGARDING THE PROTECTION OF DIPLOMATS IS PROVIDED, ALONG WITH SELECTED EXAMPLES OF FOREIGN LEGISLATION AND SECURITY MEASURES. CASE HISTORIES OF ATTACKS ON DIPLOMATS AND GOVERNMENTAL RESPONSES TO SUCH ATTACKS ARE FOLLOWED BY A DISCUSSION OF U.S. LAW AND PRACTICE IN THIS REGARD AS IT EXISTED PRIOR TO 1976. AN EXAMINATION OF THE 1976 AMENDMENTS TO U.S. LEGISLATION ON THE PROTECTION OF DIPLOMATS ACCOMPANIES A REVIEW OF THE ORGANIZATION OF AMERICAN STATES' (OAS) CONVENTION TO PREVENT AND PUNISH ACTS OF TERRORISM TAKING THE FORM OF CRIMES AGAINST PERSONS AND RELATED EXTORTION THAT ARE OF INTERNATIONAL SIGNIFICANCE AND OF THE UNITED NATION'S (U.N.) CONVENTION ON THE PREVENTION AND PUNISHMENT OF CRIME AGAINST INTERNATIONALLY PROTECTED PERSONS, INCLUDING DIPLOMATIC AGENTS. ALSO DISCUSSED ARE THE UTILITY OF THE USE OF FORCE AGAINST DIPLOMATS AS A REVOLUTIONARY TACTIC, THE POLITICAL, ECONOMIC, AND SOCIAL BARRIERS TO RATIFICATION OF THE OAS AND U.N. CONVENTIONS OR THE ADOPTION OF OTHER MEASURES; AND COUNTERVAILING CONSIDERATIONS FAVORING RATIFICATION OF THE CONVENTIONS AND THE ADOPTION OF OTHER PROTECTIVE MEASURES. FINALLY, CONCLUSIONS AND RECOMMENDATIONS FOCUS ON UNILATERAL, BILATERAL, AND MULTILATERAL ACTIONS THE U.S. STATE DEPARTMENT MIGHT TAKE OR SUPPORT TOWARD THE PREVENTION AND SUPPRESSION OF ATTACKS ON DIPLOMATS. THESE CONCLUSIONS AND RECOMMENDATIONS RELATE TO POSSIBLE CHANGES IN BOTH THE TEXT OF WRITTEN LAW AND GOVERNMENTAL PRACTICE AND POLICY. REFERENCE NOTES ARE PROVIDED. (KBL)
Index Term(s): Diplomat security; International agreements; International law; Laws and Statutes; Overseas personnel security; Terrorism/Mass Violence
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=51638

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