skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 62971 Find in a Library
Title: TERRORISM AND THE INTERNATIONAL LAW OF WAR
Journal: MILITARY LAW REVIEW  Volume:64  Dated:(SPRING 1974)  Pages:1-36
Author(s): J J PAUST
Corporate Author: US Dept of the Army
Judge Advocate General's School
United States of America
Date Published: 1974
Page Count: 36
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
US Dept of the Army
Charlottesville, VA 22906
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: NORMATIVE PROHIBITIONS AGAINST TERRORISM ARE DISCUSSED WITH EMPHASIS ON THE POTENTIAL AMBIGUITIES EXISTING IN THE LAW OF WAR CONCERNING TERRORISM IN THE CONTEXT OF AN ARMED CONFLICT.
Abstract: CONFLICTS IN THE INTERNATIONAL SOCIAL PROCESS COMPEL NATIONS TO CONSIDER THE IMPROVEMENT OF PROTECTION AGAINST TERRORISM. AN INQUIRY INTO THE PROCESS OF INTERNATIONAL TERRORISM REVEALS THAT TERROR IS ONE OF SEVERAL FORMS OF VIOLENCE USED TO COERCE OPPONENTS IN ORDER TO ACHIEVE A DESIRED POLITICAL OUTCOME. HOWEVER, NOT ALL STRATEGIES OF VIOLENCE ARE PERMISSIBLE IN INTERNATIONAL LAW. THIS RECOGNITION OF LEGAL RESTRAINTS ON VIOLENT COERCION AND THE UNACCEPTABILITY OF 'JUST' EXCUSES IS A KEY TO THE EFFICACY OF NORMS PROSCRIBING TERRORISTIC STRATEGIES. A BASIC HUMAN EXPECTATION INCORPORATED IN THE CUSTOMARY LAW OF WAR HOLDS THAT EVEN IN TIMES OF EXTENSIVE ARMED CONFLICT MANKIND EXPECTS THAT EACH PARTY TO THE CONFLICT WILL CONDUCT OPERATIONS IN ACCORDANCE WITH THE LAWS AND CUSTOMS OF WAR. THESE NORMS DO NOT PERMIT BELLIGERENTS AN UNLIMITED POWER OF CHOICE OF MEANS FOR COMBAT. COMMISSIONS FOLLOWING WORLD WAR I DENOUNCED THE GERMAN POLICY OF 'GENERAL TERRORIZATION,' AND THEY INDICATED THAT THE INHUMANITY OF TERRORISM WAS DISPROPORTIONATE TO THE MILITARY ADVANTAGES OF THE TACTIC. FUTHERMORE, THE ANIMOSITIES GENERATED BY TERRORISM MAKE THE POSTWAR PEACE MORE DIFFICULT TO PRESERVE. REAFFIRMING THIS BELIEF, THE 1949 GENEVA CONVENTIONS SPECIFICALLY PROHIBITED TERRORISM AND REQUIRED HUMANE TREATMENT OF CIVILIANS. IN THE 1970'S, ANY FORM OF TERRORISM VIOLATES THE HUMAN RIGHTS AGREEMENTS AND EXPECTATIONS RATIFIED BY MANY NATIONS. ADDITIONAL AGREEMENTS NEED TO CONSIDER AMBIGUITIES IN THE LAW CONCERNING TERROR TACTICS AGAINST MILITARY PERSONNEL AND CONCERNING THE CLAIMS OF NONCOMBATANTS. FOOTNOTES ARE PROVIDED. (TWK)
Index Term(s): International agreements; International law; International terrorism; National security; US Armed Forces
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=62971

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.