What international law approach should be taken toward international terrorism

Bibliographic Data

ID11216183
AuthorsRichard J Erickson (United States Air Force, corresponding author)
Year1988
Volume11
Issue2
Pages113-137
Publication date1988-01-01
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueTerrorism (JOURNAL)
Journal identifiersISSN: 0149-0389 • E-ISSN: 2378-5608
PublisherInforma UK Limited (PUBLISHER • GB)
DOI10.1080/10576108808435704
OpenAlexW2150453177
LanguageEN
Citations received1
References cited23

The community of nations has approached international terrorism as a law enforcement matter with primary responsibility resting with civil police authorities. In support of this approach, community leaders have sought to improve information exchange and judicial administration, to include the extradition process, through various international agreements and understandings. But international law offers another approach in dealing with international terrorism. This approach is the law of armed conflict approach and it has not received serious consideration. In part, this is because it is not generally understood. Many erroneously believe that if this approach were applied to terrorists that they would cease to be criminals and would be entitled to prisoner of war status. This is not correct. Moreover, the law of armed conflict offers some potential benefits, such as, the existence of a universal obligation in the 1949 Geneva Conventions to “prosecute or extradite.” There are advantages and disadvantages to both the law enforcement and the law of armed conflict approach. Policy makers must, however, fully understand both approaches so that they can make a reasoned choice as to which approach is to be preferred

Geneva Conventions · International community · International humanitarian law · International law · Law enforcement · Municipal law · Obligation · Political science · Politics · Terrorism · International Law and Human Rights · Law · Terrorism, Counterterrorism, and Political Violence · Torture, Ethics, and Law

Tools

Open DOISci-Hub