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Journal Articles

Penn State Law

Terrorism

Transnational Law

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Full-Text Articles in Law

Terrorist Acts – Crimes Or Political Infractions? An Appraisal Of Recent French Extradition Cases, Thomas E. Carbonneau Jan 1980

Terrorist Acts – Crimes Or Political Infractions? An Appraisal Of Recent French Extradition Cases, Thomas E. Carbonneau

Journal Articles

This article examines the progression of French jurisprudence on the extradition of transnational terrorists, focusing upon the issue of whether terrorist acts can be considered legally to be political offenses and hence exempt from extradition. The analysis of this issue integrates French judicial decisions into the general context of international practice – beginning with an assessment of extradition procedures and proceeding to a discussion of the special problems raised by the application of the political offense exception. A survey of international extradition decisional law reveals that the tribunals of various countries have elaborated a series of tests by which to …


The Provisional Arrest And Subsequent Release Of Abu Daoud By French Authorities, Thomas E. Carbonneau Jan 1977

The Provisional Arrest And Subsequent Release Of Abu Daoud By French Authorities, Thomas E. Carbonneau

Journal Articles

On January 7, 1977, Abu Daoud entered France as a member of an official delegation sent to Paris by the Palestinian Liberation Organization (PLO). A day or so later, French police detained an then arrested him at the request of the West German and Israeli Governments. Offficials of both governments announced forthcoming requests for his extradition as a suspected organizer of the 1972 Munich Olympics massacre. This chain of events set the stage for the most recent case illustrating the political and legal obstacles which mitigate against the extradition and eventual prosecution and punishment of alleged transnational terrorists.


The 1976 Terrorism Amendment To The Foreign Assistance Act Of 1961, Thomas E. Carbonneau, Richard Lillich Jan 1977

The 1976 Terrorism Amendment To The Foreign Assistance Act Of 1961, Thomas E. Carbonneau, Richard Lillich

Journal Articles

Key to any successful attempt to combat international terrorism is the elimination of sanctuary and safe-haven for terrorists. The United States has pressed consistently for international agreements – the anti-hijacking conventions and the Internationally Protected Persons Convention being examples – requiring States either to prosecute or extradite international terrorists found within their borders. Because its efforts to establish a "basic extradite-or-prosecute obligation" have not met with general success, the U.S. has had to consider, among other alternatives, various unilateral responses to help curb terrorist activities. One obvious response, drawing upon a wealth of domestic precedents, involves the possible invocation of …