NCJ Number
189994
Journal
Crime and Justice International Volume: 17 Issue: 52 Dated: May 2001 Pages: 7-8,27-28,29
Date Published
May 2001
Length
5 pages
Annotation
This is the second part of a two-part article focusing on legal issues in extraditing international terrorists and the improvement of extradition efforts from a U.S. perspective.
Abstract
There are currently many countries that the United States has extradition treaties with that have weak or no laws in the area of cyber-crimes or cyber-terrorism and have not been able to pass legislation addressing technological advances. If a country that the United States has entered into an extradition treaty with does not criminalize cyber-crimes or cyber-terrorism, then the United States has no chance to extradite the criminal. Extradition is still the sole legitimate international legal alternative to countering a growing global threat of terrorism. Several pieces of U.S. terrorism legislation enacted in the 1990's to combat terrorism and improve extradition are discussed. First, the Anti-Terrorism and Effective Death Penalty Act (AEDPA) of 1996 which provides for deportation of suspected terrorists under proceedings in which the accused is denied privileges to review classified evidence. The AEDPA also granted standing victims in suits against foreign countries that sponsor terrorism. Second, the Terrorist Bombing Convention, which expanded the legal framework for states to cooperate in the investigation, prosecution and extradition of persons who engage in terrorism by broadening the jurisdiction for international cooperation over the unlawful use of explosives and other lethal devices. Third, the International Criminal Court (ICC) which would provide a neutral forum, with diverse judiciary, offering an opportunity for increased confidence in the quality and fairness of the proceedings. The improvement of extradition efforts from a U.S. perspective hinges on many issues that continually hamper the amendment of bilateral extradition treaties with many nations. There are still many extradition treaties between the United States and nations that have not signed the Terrorist Bombing Convention that do not account for this impediment to the proper prosecution of international terrorists. Whether extradition is prompted through the use of bilateral treaties or the establishment of an international criminal court, the important fact is that without international cooperation, these criminals will survive and continue to pose a threat to all societies.