NCJ Number
191440
Date Published
1998
Length
18 pages
Annotation
This chapter details the importance of international cooperation in preventing and punishing terrorism.
Abstract
It is forbidden by international law for the United States to investigate or make an arrest in another country without the consent of its authorities. The trial of a terrorist must bring four things together in one place: an applicable statutory prohibition, a willingness to prosecute, the necessary evidence, and the suspect. Terrorists can use the advantages of borders and easy transportation to assure that neither they nor the evidence are within the United States, the only jurisdiction with great enthusiasm for undertaking the risks of prosecuting acts by terrorists against American citizens. The most straightforward solution to this problem is for states to increase their cooperation, effectively pooling resources, and coordinating efforts to prevent future terrorism and to catch and punish the perpetrators of past terrorist acts. This involves the exchange of information about dangerous groups and possible terrorist events. Although conducting searches and making arrests in a foreign country are against international law, they are not generally in violation of the law of the United States. This disparity creates a complicated context in which the primary consequences of unilateral action are diplomatic, not legal. Allies and friendly nations will resist any effort by foreign law enforcement officials to seize their citizens and transport them thousands of miles to a foreign country. The United States must rely on international cooperation under bilateral treaties. The United States can increase its ability to prosecute terrorists by laying the legal groundwork for effective international law enforcement. Diplomacy and foreign policy can reduce the tendency of allies to invoke loopholes or escape hatches, as can intelligent efforts to monitor and even take part in foreign trials.