The Terrorist’s Extradition Loophole
Most extradition treaties between states call for an exemption for crimes that are political in nature. The political offense exemption was originally created to allow states to protect those that another state may wish to prosecute for crimes that are politically committed against that government. R. Stuart Phillips, a Judge Advocate in the United States Army, distinguishes between “pure” political offenses and “relative” political offenses. “Pure” political offenses are directed specifically against the state and do not directly affect civilians. They also do not contain acts that would normally be considered a common crime. This can include efforts to overthrow the government, treason, and
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Should the person be extradited to stand trial as a terrorist? The answer to the final question is ultimately left up to the individual state. That state may have ulterior motives for using the political offense exemption as an excuse for not extraditing the individual in question. This exemption gives some governments the excuse they need to protect terrorists, whether or not that is their actual intention. It also gives the terrorist legal recourse to avoid extradition for the crimes that were committed. If nothing else, this exemption allows the terrorist to stall the process of justice while awaiting a ruling on whether the terrorist act should be considered a “political offense.”
The United Nations has condemned all forms of terrorism, but what exactly that means is still up for debate. Most states would probably be willing to extradite a “terrorist,” but not quite as willing to extradite a “freedom fighter.” The first step that is necessary to close this loophole is defining the concept of terrorism itself. The current usage of the term “terrorism” is politically contrived. The former U.S. Judge to the International Court of Justice, Richard Baxter, has shown the problem with the definition of terrorism: “[W]e have cause to regret that a legal concept of terrorism was ever inflicted upon us. The term is imprecise; it is ambiguous; and above all, it serves no operative legal purpose”
For our purposes, we will use the Title 22 of the US Code, Section 2656f(d), to define terrorism. It defines terrorism as “premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents” (Central Intelligence Agency, 2013). Examples of terrorism persist on a near daily basis around the world. Unstable countries, such as Afghanistan and Syria, deal with terrorist attacks on a constant basis. The common thread of these attacks is deliberate targeting of civilian populations in order to achieve political objectives. The best known and largest example are
The statement that one man’s freedom fighter is another man’s terrorist is not valid and this is because the differences between the two are far more complex than perspective alone. The issue with perspective being the only distinction is in the difficulty to accurately define terrorism in a way synonymous to describing the characteristics of a freedom fighter. In examining the characteristics of numerous definitions it becomes evident that there is a distinction in the relationship which terrorists and freedom fighters have with civilians when carrying out their violent and politically motivated goals.
The word “terrorism” was first used during the French Revolution when British statesman Edmond Burke used the term to describe the actions of the Jacobin-dominated French government. Under the leadership of Maximilien Robespierre, thousands of people that were said to be enemies of the state were put on trial and then executed by use of the guillotine (O 'Connor, 2006). However, since the inception of the word, it has taken on a new meaning. One can now hear the word “terrorism” and be overcome by anger or even fear. Terrorism now seems to have turned to attacks against a government rather
The most common and frequently the most serious problem in legal definitions of terrorism under national laws is that they are overbroad and vague. As a basic legal principle, such laws fail to give reasonable notice of what actions are covered. Many are so broad that they cover common crimes that should not reasonably be deemed terrorist or acts that should not be considered crimes at all. “Their scope leaves them susceptible to arbitrary and discriminatory enforcement by the authorities” (In the Name of Security). Few terrorism definitions are so narrowly drawn. In general, definitions of terrorism tend to cover acts carried out for a wide variety of purposes, often with no requirement that they cause or intend to cause death or serious injury, and without specifying the level of physical property damage required to render an act terrorist. “Legal definitions of terrorism generally specify two or three basic elements: the act and purpose, or the act, intent, and purpose” (In the Name of Security). The crime of terrorism is typically characterized as an act carried out with a particular intent—for example, the intent to kill—and for a specific purpose, such as coercing or intimidating a government or population into performing or abstaining from an action. The American Civil Liberties Union
First, I see terrorism as war and a terrorist in my view is a soldier going to war for certain purpose and reason to destroy. If captured, they should be treated as prisoners of war. What comes to the mind of terrorists is always war such as in military actions because they believe they have a cause to fight for. They are not countries declaring war
Terrorism is an act of violence, usually done in the public sphere, which is used to incite fear in a population in order to coerce change in public opinion or a government’s position on an issue. In many parts of the world, groups wage war with their countries, either to separate from the government or to overthrow it entirely. Sometimes these people are treated unfairly by their government, and their struggles are justified. Other times, these groups use violence against both military and civilian targets, terrorizing innocent bystanders to get what they want—these groups are terrorists. Often, though, it is difficult to tell the difference.
They elucidate that terrorism is a “premeditated, politically motivated, violence perpetrated against noncombatant targets by subnational groups of clandestine agents, usually intended to influence an audience,” (National Institute of Justice).
The positives of going for an arrest are: in a democratic government, the state can maintain its legitimacy usually by upholding the rule of law and not exercising its ability to commit violence. If the leader of the terrorist organization is charismatic and appealing to his supporters, which is usually the case for the most influential terrorist groups, then his isolation would prevent him from influencing his followers and striking a blow to the morale of the rest of terrorist organization, possibly to the extent that it would lose motivations to continue its acts of
My name is Catherine Beard and I have been interested in the field of freelance photography since the summer of 2006. That summer, my family went to Disney World in Orlando, Florida and my father purchased a throw away instant camera for me to use. I watched people around me taking pictures for my initial inspiration. But I quickly discovered that I saw other things of interest in my surroundings. I preferred to take pictures of people and activities versus static images of buildings. Soon after arriving home, I encouraged my father to purchase my first camera.
The term terrorism is used widely in present day especially in the United States. Terrorism is a double standard, the people who commit those terrorist acts, commit the acts out of beliefs and in their eyes ok. Terrorism can be described as the illegitimate use of force to achieve a political objective by targeting innocent people (Laqueur, 1987). To me the definition mention above is a great definition to describe terrorism as a crime. To aim for innocent people to prove a point which lead major injuries or death in most cases is to most people would be a crime, no questions asked. According to Martha Crenshaw (1995), “Terrorism cannot be defined unless the act, target and possibility of success are analyzed”. So to think, terrorist are people who commit these acts as a way to get their political or religious point across. If we look at the some of the most famous terrorist acts they are automatically labeled crimes. 9/11 was a crime because the persons affiliated with the act, targeted the
Let’s start with the wording. The use of the phrase “foreign terrorist” has an extreme negative prejudice against 1.6 billion human beings (Chappell). Labeling approximately a quarter of the planet’s population as “terrorists” has become so culturally accepted that it has literally titled our laws! The legal definition of the word terrorism by the Legal dictionary is: “The unlawful use of force or violence
It is to be noted that apart from the preventive detention without charge as discussed earlier, terror suspects can be punished under the Penal Code. The predominant concern in sentencing terror suspects is that of imposing severe penalty including capital punishment which is perceived to be disproportionate in the circumstances. Although terrorism offences could be expected to attract heavy sentences, terrorism offenders have slightly better prior records (if we were to discount their involvement in terrorism acts) than other criminal offenders. They are some people of relatively good character, but because of the law, they are penalised. Those charged with terrorism offences may be hard-pressed to argue other mitigating factors, such as remorse but with limited success.
Terrorism in the twenty-first century has some similarities and differences from terrorism in the twentieth century. Terrorism is, in its broadest sense, the use or threatened use of violence in order to achieve a political, religious, or ideological aim. Also useful to remember that because the two entities involved, the terrorists and the terrorized, are on the opposite end of the political, religious or ideological continuum, the same act is viewed by them differently. There is much sense in the phrase one man’s terrorist is another man’s freedom fighter.
Our thinking should not just be on fighting other countries to try and rid ourselves of violations and torture of our rights, but to remember that this is happening right in our own backyards. As the former director of the National Counterterrorism Center, Michael Leiter, put it: Demonstration of American resiliency will show the terrorists that they will not succeed (Leiter, 2014). America is undeniably an amazing example of fairness and democracy, but it’s people’s rights are at risk at all times. Never should it be thought of as acceptable to chance who may be a terrorist, suffering is unnecessarily for those that are not deserving of it. Being sent to prison for an unimaginable amount of time without help from lawyers or other’s help is
Think of the word terrorism. What is the first thing that comes to mind? One might think of kidnapping, assassination, bombing, or even genocide and guerrilla warfare. Because it is such a broad and complex issue, an all-encompassing definition is hard to formulate. The United States Department of Defence defines terrorism as…