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Individual Terrorism and Terrorism of the State - A Difference of Analysis?

NCJ Number
89355
Journal
Revue internationale de criminologie et de police technique Volume: 35 Issue: 3 Dated: (July-September 1982) Pages: 255-270
Author(s)
C van den Wijngaert; B deSchutter
Date Published
1982
Length
16 pages
Annotation
An examination of various international agreements and their invocation in the wake of terrorist incidents reveals that political terrorism perpetrated by individuals is zealously condemned by the international community and sanctions against it are prescribed and implemented, while the terrorism of governments is less frequently and less emphatically denounced and to little practical effect.
Abstract
The analysis recognizes fundamental distinctions between the phenomena at issue. Individual terrorism is perpetrated by individuals or groups whose repression is initially assured by the internal criminal codes of nations. In contrast, terrorism of the State falls under international human rights law, incorporated into the international law of war, and inapplicable in peace time. While individual terrorists (or groups) attack the State or its agencies, terrorism of the State comprises criminal offenses against citizens by agencies of a government acting to bolster its sovereignty. International policies against these two types of terrorism are examined according to three considerations: discriminatory interpretations of the absolute, fundamental law condemning terrorism in general; differences in the organization and provisions for collaborative antiterrorist measures at the international level; and the manner in which these repressive sanctions are implemented in practice. Among the conventions reviewed are the European Conference for the Repression of Terrorism, the European Convention on Human Rights, the Congress of the International Society of Penal Military Law and the Law of War, the Geneva arms limitations conferences, the Council of Europe, the United Nations, and other international forums. One photograph and 85 footnotes are supplied.