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Articles 331 - 360 of 363
Full-Text Articles in International Law
Introduction: International Criminal Law – Lessons From Teaching Strategies, Daniel H. Derby
Introduction: International Criminal Law – Lessons From Teaching Strategies, Daniel H. Derby
Scholarly Works
No abstract provided.
International Law And Terrorism: Age-Old Problems, Different Targets, Sharon A. Williams
International Law And Terrorism: Age-Old Problems, Different Targets, Sharon A. Williams
Articles & Book Chapters
In the context of increasing terrorist attacks and a unified, internal approach to addressing the problem, this article will consider the following issues: first, should the eradication of the so-called "root causes" of terrorism take precedence over conventions to suppress or punish terrorists; second, the gaps that have been found in the existing multilateral convention approach to international terrorism, and third, the steps that have been taken recently by the concerned specialized agencies of the United Nations to remedy the situation.
Prosecuting Terrorists: When Does Apprehension In Violation Of International Law Preclude Trial?, John M. Rogers
Prosecuting Terrorists: When Does Apprehension In Violation Of International Law Preclude Trial?, John M. Rogers
University of Miami Law Review
No abstract provided.
International Law And The United States' Air Operation Against Libya, Christopher J. Greenwood
International Law And The United States' Air Operation Against Libya, Christopher J. Greenwood
West Virginia Law Review
No abstract provided.
Coming To Terms With Terrorism--Relativity Of Wrongfulness And The Need For A New Framework, Daniel H. Derby
Coming To Terms With Terrorism--Relativity Of Wrongfulness And The Need For A New Framework, Daniel H. Derby
Scholarly Works
No abstract provided.
International Terrorism And The Problem Of Jurisdiction, Sompong Sucharitkul
International Terrorism And The Problem Of Jurisdiction, Sompong Sucharitkul
Syracuse Journal of International Law and Commerce
Problems of pluri-dimensional complexity of definition, classification and norm-formulation converge in any meaningful endeavor to explore practical measures to prevent, preempt or otherwise to discourage and suppress acts of terrorism on an international scene. The present study is devoted to the treatment of only one of these problems, namely, the problem of jurisdiction. This problem presents itself in more than one connection. To ensure proper appreciation of the nature and scope of the multi-faceted problem of jurisdiction in the context of international terrorism, preliminary attention is focused on the need to adopt a balanced approach to the basic notion of …
Profile Of A Terrorist: Distinguishing Freedom Fighters From Terrorists, L. F. E. Goldie
Profile Of A Terrorist: Distinguishing Freedom Fighters From Terrorists, L. F. E. Goldie
Syracuse Journal of International Law and Commerce
As the terrorist becomes increasingly internationalized, he becomes more the enemy of all mankind than at any previous time. In this process, states are seeking everwidening bases for exercising their jurisdiction in their pursuit of security and the implementation of punishment for indiscriminate killing and injury. This paper will review and advocate developments in this search for a universal or near-universal jurisdiction against a crime which once was seen as consecrated to patriotism but which is now seen as an inhuman, anarchistic act having, possibly, its own twisted validity for its perpetrator but, in truth, being perpetrated against all mankind.
Terrorism: Israel's Legal Responses, Justus R. Weiner
Terrorism: Israel's Legal Responses, Justus R. Weiner
Syracuse Journal of International Law and Commerce
Terrorism - politically motivated terrorism - is widely recognized today as one of the scourges of civilization. The frequency of terrorist acts, and the number of deaths and injuries that resulted have steadily increased during the past 20 years. Terrorism poses three challenges to the modern nation state: a security challenge, a moral challenge and a legal challenge. This article seeks to address the issues raised by the legal challenge, and particularly the responses to that challenge by Israel, whose citizens have been unceasing victims.
Jurisdiction As Legal Protection Against Terrorism, Christopher L. Blakesley
Jurisdiction As Legal Protection Against Terrorism, Christopher L. Blakesley
Scholarly Works
On June 14, 1985, Robert Stethem was shot to death aboard a hijacked TWA airliner. On October 7, 1985, the Italian cruise-liner, Achille Lauro, was hijacked and the next day Leon Klinghofer was killed and thrown overboard. On Julyu 2, 1986, Rodrgio Rojas was mortally wounded when he was doused with gasoline and set afire while walking with protesters in Santiago, Chile. Soviets are said to leave booby-trapped dolls for Afghan Moujahadeen children. There is evidence that the United States government directly supports the Nicaraguan contras who, in waging their guerilla war, allegedly have killed innocent citizens. It is …
Terrorism And The Constitution, Christopher L. Blakesley
Terrorism And The Constitution, Christopher L. Blakesley
Scholarly Works
How do terrorism and the Iran-Contra hearings relate to the Constitution? My thesis is that there is a tendency for the executive of this or any nation to eschew even constitutionally mandated avenues of problem solving considered to be cumbersome, inefficient, or inimical to the executive’s vision of the national interest in foreign affairs. There is also a tendency to consider one’s own conduct and the conduct of one’s allies and friends to be justified when it is directed at goals deemed by the executive branch to be good. Constitutional provisions based on the checks and balances and separation of …
Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley
Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley
Scholarly Works
Professor Blakesley presides over this panel discussion on laws combating the illegal importation of drugs and small arms, and their implications for international and domestic law.
Extradition And United States Prosecution Of The Achille Lauro Hostage-Takers: Navigating The Hazards, Jordan J. Paust
Extradition And United States Prosecution Of The Achille Lauro Hostage-Takers: Navigating The Hazards, Jordan J. Paust
Vanderbilt Journal of Transnational Law
On October 7, 1985, members of a Palestinian group hijacked the passenger ship Achille Lauro. Not only did the hijackers hold more than one hundred passengers and crew members hostage for several days, but they murdered one of the passengers, Leon Klinghoffer, a United States national. On October 9 the hijackers released the vessel and remaining hostages. On October 10 the hijackers and an alleged mastermind of the operation, Mr. Abbas, were on board an Egyptian aircraft flying over the high seas in the Mediterranean when United States military aircraft intercepted the Egyptian aircraft and forced it to land in …
International Counterterrorism Cooperation: The Summit Seven And Air Terrorism, Geoffrey Levitt
International Counterterrorism Cooperation: The Summit Seven And Air Terrorism, Geoffrey Levitt
Vanderbilt Journal of Transnational Law
This Article aims to contribute to an understanding of the reality and the potential of international cooperation to combat terrorism by examining one of the most important channels through which governments have attempted to achieve such cooperation: the Economic Summit Seven (the Seven or the Group). Focusing in particular on the Group's work in the area of terrorism against international civil aviation, this Article will discuss how and why the Group became involved in counterterrorism; review the Group's declarations on terrorism and their context; outline the international background to those declarations; describe the most important single action the Group has …
Remarks Of Professor Robert A. Friedlander, Professor Robert A. Friedlander
Remarks Of Professor Robert A. Friedlander, Professor Robert A. Friedlander
Vanderbilt Journal of Transnational Law
Terrorism, in its essence, consists of common crimes: murder, attempted murder, kidnapping, aggravated battery, aggravated assault, arson and whatever other act of violence is utilized for terrorist ends and as terrorist means. Admittedly the world's democracies have not only failed to develop an acceptable definition for the global arena, they have also been unable to fashion a proper meaning for their own domestic statutes. We should never forget the symbiotic relationship which exists between terrorism and democracy. As the French political analyst, Jean Francois Ravel, has cogently remarked: "The main target of international terrorism is the idea of freedom as …
Keeping "The Wild" Out Of "The Wild Blue Yonder": Preventing Terrorist Attacks Against International Flights In Civil Aviation, David L. Glassman
Keeping "The Wild" Out Of "The Wild Blue Yonder": Preventing Terrorist Attacks Against International Flights In Civil Aviation, David L. Glassman
Penn State International Law Review (1982 - 2011)
This comment begins by discussing the ineffectiveness of ex post facto measures in controlling terrorism. It then describes the preventive - or "pre-attack" - measures which nations and their air carriers should take in order to secure aircraft prior to departure. In this respect, the annexes amending the Convention on International Civil Aviation will be emphasized insofar as they relate to aviation security precautions. Finally, the comment focuses upon the methods by which states can enforce the provisions of the annexes against one another.
Combatting International Terrorism: Limiting The Political Exception Doctrine In Order To Prevent One Man's Terrorism From Becoming Another Man's Heroism, Kathe Flinker Mullally
Combatting International Terrorism: Limiting The Political Exception Doctrine In Order To Prevent One Man's Terrorism From Becoming Another Man's Heroism, Kathe Flinker Mullally
Villanova Law Review (1956 - )
No abstract provided.
Terror And Terrorism: There Is A Difference, David F. Forte
Terror And Terrorism: There Is A Difference, David F. Forte
Law Faculty Articles and Essays
To formulate an effective legal and moral response to terrorism, fundamental differences must be acknowledged. We must realize that all acts of terror are not legally interchangeable. We should not create legal instruments that confound essential dissimilarities. We should acknowledge that terrorism is an organized, low level attack by groups trying to destroy the Western legal and moral order. We should recognize that many such terrorist groups have been given purported legitimacy by a distorted notion of self-determination and by recognition within many international bodies. Also, we should face the fact that the effectiveness of terrorism is immeasurably enhanced by …
An Essay On Executive Branch Attempts To Eviscerate The Separation Of Powers, Christopher L. Blakesley
An Essay On Executive Branch Attempts To Eviscerate The Separation Of Powers, Christopher L. Blakesley
Scholarly Works
The Reagan Administration has been aggressively attempting to arrogate power to the Executive branch and to undermine the separation of powers in the realms of foreign affairs. To Chain the Dog of War shows that for decades the Executive branch has moved to appropriate Congress’ war powers. The Reagan Administration not only has continued that tradition, but also has attempted to erode the Judiciary’s power to decide questions of law and fact concerning human rights and liberty in international extradition cases involving political offenses. The underlying rationale for this shift has been that decisions to make war or to condemn …
The Evisceration Of The Political Offense Exception To Extradition, Christopher L. Blakesley
The Evisceration Of The Political Offense Exception To Extradition, Christopher L. Blakesley
Scholarly Works
The Supplementary Convention to the Extradition Treaty between the Government of the United States of American and the Government of the United Kingdom of Great Britain and Northern Ireland, was signed on June 25, 1985, and transmitted to the U.S. Senate on July 17, 1985. This article will focus on the portion of the supplementary treaty which effectively eliminates the political offense exception, and on the statement made by the Legal Adviser to the Department of State, the honorable Judge Abraham D. Sofaer, made in favor of the Supplementary Treaty, on August 1, 1985. This article suggests that approval of …
Terrorism, Malvina Halberstam
Recent Development--U.S. Legislation To Prosecute Terrorists: Antiterrorism Or Legalized Kidnapping?, Catherine C. Fisher
Recent Development--U.S. Legislation To Prosecute Terrorists: Antiterrorism Or Legalized Kidnapping?, Catherine C. Fisher
Vanderbilt Journal of Transnational Law
This Recent Development examines the jurisdictional bases for the proposed extraterritorial extension of The Terrorist Prosecution Act to crimes that do not occur within the territory of the United States and to persons who are not United States citizens. The historical basis for allowing the prosecution of persons who have been forcibly brought into the court's jurisdiction and constitutional due process concerns that accompany such enforcement means are also detailed. Also discussed is the potential conflict between the Act and United States foreign relations law, particularly with respect to the possible forceful intrusion by the United States upon another state's …
International Law And The Control Of Terrorism, L. C. Green
International Law And The Control Of Terrorism, L. C. Green
Dalhousie Law Journal
Any discussion of terrorism whether it affects the inlterests of a single country or those of more than one immediately involves problems of definition. According to the Oxford English Dictionary, for example, terrorism is defined as "1. Government by intimidation as directed and carried out by the party in power in France during the Revolution of 1789-1794; the system of the 'Terror'; 2. A policy intended to strike with terror those against whom it is adopted; the employment of methods of intimidation; the fact of terrorizing or condition of being terrorized." The English statute passed in connection with the 'troubles' …
The Political Offense Exception As Applied In French Cases Dealing With The Extradition Of Terrorists, Thomas E. Carbonneau
The Political Offense Exception As Applied In French Cases Dealing With The Extradition Of Terrorists, Thomas E. Carbonneau
Michigan Journal of International Law
This article does not attempt to deal with all of the multifarious aspects of contemporary terrorism; its ambition is much more modest in scope, centering upon traditional legal mechanisms and doctrines that can be adapted to deal with terrorism. Using the decisional law of France as an illustrative model, this article analyzes the transnational and political character of terrorist acts and seeks to establish the implications of those characteristics for litigation dealing with the extradition of terrorist offenders. Several assumptions underlie the analysis. First, the effort to repress international crime is seen as a laudable objective of the international legal …
On Clandestine Warfare, Robert E. Rodes, Jr.
On Clandestine Warfare, Robert E. Rodes, Jr.
Washington and Lee Law Review
No abstract provided.
Clandestine Warfare: Morality And Practical Problems Confounded, John F. Murphy
Clandestine Warfare: Morality And Practical Problems Confounded, John F. Murphy
Washington and Lee Law Review
No abstract provided.
Some Comments On Professor Rodes' Draft Convention, Frederic L. Kirgis, Jr.
Some Comments On Professor Rodes' Draft Convention, Frederic L. Kirgis, Jr.
Washington and Lee Law Review
No abstract provided.
Patriots And Terrorists: Reconciling Human Rights With World Order, Nicholas N. Kittrie
Patriots And Terrorists: Reconciling Human Rights With World Order, Nicholas N. Kittrie
Case Western Reserve Journal of International Law
No abstract provided.
Terrorism And National Liberation Movements: Can Rights Derive From Wrongs, Robert A. Friedlander
Terrorism And National Liberation Movements: Can Rights Derive From Wrongs, Robert A. Friedlander
Case Western Reserve Journal of International Law
No abstract provided.
Terrorism And National Liberation Movements: Can Rights Derive From Wrongs, Robert A. Friedlander
Terrorism And National Liberation Movements: Can Rights Derive From Wrongs, Robert A. Friedlander
Case Western Reserve Journal of International Law
No abstract provided.
Patriots And Terrorists: Reconciling Human Rights With World Order, Nicholas N. Kittrie
Patriots And Terrorists: Reconciling Human Rights With World Order, Nicholas N. Kittrie
Case Western Reserve Journal of International Law
No abstract provided.