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: 63586 Find in a Library
Title: TERRORISM AND THE INTERNATIONALLY PROTECTED PERSONS IN THE LIGHT OF THE ILC'S (INTERNATIONAL LAW COMMISSION) DRAFT ARTICLES
Journal: INTERNATIONAL AND COMPARATIVE LAW QUARTERLY  Volume:23  Dated:PART 1 (JANUARY 1974) P 32-72 (FOURTH SERIES)
Author(s): C L ROZAKIS
Corporate Author: British Institute of International and Comparative Law
United Kingdom
Date Published: 1974
Page Count: 41
Sponsoring Agency: British Institute of International and Comparative Law
London, EC4A 1JN, England
Format: Article
Language: English
Country: United Kingdom
Annotation: THE DRAFT ARTICLES OF A MULTILATERAL AGREEMENT FOR THE PROTECTION OF INTERNATIONAL OFFICIALS FROM ACTS OF TERRORISM ARE EXAMINED FOR TEXTUAL LOOPHOLES AND UNINTENTIONAL IMPLICATIONS.
Abstract: THE 'DRAFT ARTICLES ON THE PREVENTION AND PUNISHMENT OF CRIMES AGAINST DIPLOMATIC AGENTS AND OTHER INTERNATIONALLY PROTECTED PERSONS' CONTAINS SUBSTANTIVE PROVISIONS WHICH DEAL EFFECTIVELY WITH TERRORISM. NEVERTHELESS, MODIFICATIONS TO CERTAIN SECTIONS OF THE TEXT ARE RECOMMENDED TO ENSURE TEXTUAL CORREXPONDENCE WITH INTENDED MEANING. PROBLEMS OF AMBIGUITY ARE FOUND IN AUXILIARY ARTICLES, WHICH, UNCORRECTED, MAY DEFEAT THE PROPER APPLICATION OF THE SUBSTANTIVE PROVISIONS. FOR EXAMPLE, THE ITINERANT DIPLOMATS AND OFFICIALS OF INTERNATIONAL ORGANIZATIONS, GROWING INCREASINGLY NUMEROUS WITH THE COMPLEXITIES OF MODERN DIPLOMACY, ARE INSUFFICIENTLY PROTECTED BY CONVENTIONAL INTERNATIONAL LAW. IT IS THEREFORE A WEAKNESS OF THE ARTICLES TO REFER TO CONVENTIONAL LAW FOR A CLOSER DEFINITION OF PROTECTED PERSONS. A MORE EXACT AND BINDING ENUMERATION OF THE CATEGORIES OF PROTECTED PERSONS IS NECESSARY. MOREOVER, THE DRAFT ARTICLES REFER TO A GENERAL 'VIOLENT ATTACK' UPON THE PERSON OR LIBERTY OF PROTECTED PERSONS AS THE CRIME IN QUESTION, LEAVING SPECIFIC OFFENSES TO BE CLARIFIED BY INTERNAL LAWS OF INDIVIDUAL NATIONS. THE REVERSE PROCEDURE IS RECOMMENDED. THE ARTICLES SHOULD DEFINE ACTS OF TERRORISM SPECIFICALLY SO THAT INTERNAL LAWS CAN BE ADAPTED WHERE NECESSARY. IN ADDITION, THE DRAFT ARTICLES IN THEIR PRESENT FORM MAKE CRIMES AGAINST PROTECTED PERSONS INTERNATIONAL OFFENSES, AND STATES-PARTIES ARE REQUIRED TO PUNISH THESE OFFENSES MORE SEVERELY OFFENDERS COMMITTING CORRESPONDING CRIMES AGAINST COMMON PERSONS. WERE THE ARTICLES TO DEFINE THE OFFENSES AS SPECIFIC TERRORIST ACTS, THE SEVERITY OF PUNISHMENT WOULD BE APPROPRIATE AND SERVE THE INTENDED DETERRENT FUNCTION. ADDITIONAL AMBIGUITIES ARE FOUND IN SECTIONS DEALING WITH EXTRADITION REQUIREMENTS AND CONTRASTING 'NONINTERVENTION' SAFEGUARDS, AS WELL AS IN THE PROVISIONS FOR DISPUTE SETTLEMENT BETWEEN STATES-PARTIES. THE ARTICLES NEED TO ENSURE MORE PRECISELY THE HUMAN RIGHTS OF OFFENDERS TO PREVENT TERRORISTS FROM FALLING VICTIM TO A PUBLIC SPIRIT OF OUTRAGE AND RETRIBUTION WITHOUT JUSTICE. (MRK)
Index Term(s): Antiterrorist laws; Counter-terrorism tactics; Discrimination; International agreements; International cooperation; International extradition; International law; Laws and Statutes; Personal Security/Self Protection
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=63586

*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.