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NCJRS Abstract

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NCJ Number: 63420 Find in a Library
Title: SOME ASPECTS OF INDIVIDUAL TERRORISM - A CASE STUDY OF THE SCHWARTZBARD AFFAIR
Journal: TERRORISM  Volume:3  Issue:1-2  Dated:(1979)  Pages:69-80
Author(s): Y NEDAVA
Corporate Author: Crane, Russak and Co, Inc
United States of America
Date Published: 1979
Page Count: 12
Sponsoring Agency: Crane, Russak and Co, Inc
Bristol, PA 19007
Type: Report (Study/Research)
Format: Article
Language: English
Country: United States of America
Annotation: THE RESPONSES OF A JUDICIAL SYSTEM TO ASSASSINATIONS MOTIVATED BY THE DESIRE TO AVENGE ACTS OF GENOCIDE ARE DESCRIBED.
Abstract: THE ASSASSINATION OF A TYRANT WAS ONCE CONSIDERED JUSTIFIABLE, BUT MODERN GOVERNMENTS CONDEMN ALL ACTS OF INDIVIDUAL TERRORISM. AN EXAMINATION OF THE 1927 TRIAL OF SHALOM SCHWARTZBARD ILLUSTRATES THE LEGAL AND POLITICAL FACTORS INVOLVED IN JUDGING AN ASSASSIN WHO KILLED AN INDIVIDUAL ALLEGEDLY RESPONSIBLE FOR ORDERING THE DEATHS OF THOUSANDS. IN 1926, SCHWARTZBARD, A JEWISH WATCHMAKER, SHOT A FORMER LEADER OF THE UKRAINIAN REPUBLICAN ARMY WHO HAD GOVERNED THE UKRAINE IN 1919 WHEN OVER 2,000 JEWS WERE SLAUGHTERED BY THE ARMY. SCHWARTZBARD SURRENDERED TO THE PARIS POLICE, WAS TRIED, AND ACQUITTED. THE DEFENSE TRIED TO PROVE THAT THE VICTIM HAD BEEN RESPONSIBLE FOR THE UKRAINE MASSACRE, BUT IT HAD TO RELY LARGELY ON CIRCUMSTANTIAL EVIDENCE. SINCE PERPETRATORS OF GENOCIDE USUALLY AVOID SIGNING ANY INCRIMINATING PAPERS, COURTS TRYING THESE CASES NEED TO RELAX THEIR RULES TO GIVE MORE WEIGHT TO CIRCUMSTANTIAL EVIDENCE. ALTHOUGH THE DIAGNOSIS OF AN AVENGER AS A PSYCHOPATH CAN INFLUENCE ACQUITTAL, PSYCHIATRISTS JUDGED SCHWARTZBARD TO BE IN CONTROL OF HIS FACULTIES. THE FRENCH LEGAL SYSTEM, WITH ITS CONCEPT OF CRIME PASSIONNEL AND INFORMAL COURT PROCEDURES, IS MORE CONDUCIVE TO FAIR ADJUDICATION OF CASES LIKE SCHWARTZBARD'S THAN ARE THE BRITISH OR AMERICAN COURTS. THE CONTINENTAL SYSTEM ALSO PROVIDES A FORUM FOR THE AVENGER TO JUSTIFY HIS MOTIVES. THE LACK OF AN INTERNATIONAL ORGANIZATION TO SERVE THIS FUNCTION WAS CITED AS MOTIVATION FOR SCHWARTZBARD. THE UNITED NATIONS WITH ITS CONVENTION ON THE PREVENTION AND PUNISHMENT OF GENOCIDE AND OTHER INTERNATIONAL CONFERENCES HAS MADE LITTLE PROGRESS IN ESTABLISHING AN INTERNATIONAL CRIMINAL COURT WITH JURISDICTION OVER GENOCIDE. REFERENCES ARE PROVIDED. (MJM)
Index Term(s): Assassination; Case studies; Genocide; International law; National crime surveys
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=63420

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