ROLE OF INTERNATIONAL LAW IN THE PREVENTION OF TERRORIST KIDNAPPING OF DIPLOMATIC PERSONNEL (FROM INTERNATIONAL TERRORISM AND POLITICAL CRIMES, 1975, BY M C BASSIOUNI SEE NCJ-27895)

• NCJ Number: 27903
• Author(s): J MURPHY
• Date Published: 1975
• Length: 29 pages
• Corporate Author: Charles C. Thomas
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

SEVERAL POSSIBLE SOLUTIONS FOR THE PROBLEM OF DIPLOMATIC KIDNAPPING ARE CONSIDERED, AND A PROPOSAL FOR THE CREATION OF A SPECIAL CLASS OF 'INTERNATIONALLY PROTECTED PERSONS' IS OUTLINED.

Abstract

AMONG THE SOLUTIONS EXAMINED ARE THOSE OF THE INTERNATIONAL LAW COMMISSION'S DRAFT ARTICLES, THOSE OF THE WORK OF THE UNITED NATIONS AD HOC COMMITTEE ON INTERNATIONAL TERRORISM, AND THOSE OF THE ORGANIZATION OF AMERICAN STATES PROPOSED CONVENTION ON TERRORISM. THE EFFECT OF INCREASED SECURITY MEASURES ON THE DIPLOMATIC COMMUNITY ARE EXAMINED. OTHER TOPICS DISCUSSED IN THIS PAPER INCLUDE THE HISTORICAL DEVELOPMENT OF DIPLOMATIC PRIVILEGES AND IMMUNITIES, THE VARIOUS THEORIES OFFERED TO SUPPORT THE CLAIM OF DIPLOMATIC IMMUNITY, THE TYPES OF PERSONS TO WHOM THE CONCEPT OF IMMUNITY HAS BEEN EXTENDED, AND THE INSTANCES WHERE POSSIBLE ABUSES OF THE CONCEPT OF IMMUNITY MAY OCCUR. THE AUTHOR PROPOSES THAT A CLASS OF 'PROTECTED PERSONS' BE CREATED, AND THAT STRICT LIMITATIONS ON THE LEGITIMATE ACTIVITIES IN WHICH THESE PERSONS MAY PARTICIPATE BE INSTITUTED. CRITERIA ON LEGITIMATE AND ILLEGITIMATE ACTIVITIES WOULD BE DRAFTED, WITH INPUT FROM REPRESENTATIVES OF MAJOR REVOLUTIONARY MOVEMENTS. IN THIS WAY, THEIR COOPERATION IN OBSERVING THE 'PROTECTED PERSONS' STATUS WOULD BE ENCOURAGED. ALSO, THIS ARRANGEMENT WOULD LIMIT ILLEGAL DIPLOMATIC ACTIVITIES, FOR IF A DIPLOMAT SHOULD ENGAGE IN A FORBIDDEN ACTIVITY HE WOULD LOSE HIS PROTECTED STATUS AND BECOME, IN EFFECT, FAIR GAME FOR THE TERRORISTS. (AUTHOR ABSTRACT MODIFIED)