Friday, May 31, 2019

The Terrorist’s Extradition Loophole Essay -- Terrorists Terrorism Ter

The Terrorists Extradition LoopholeMost extradition treaties between states call for an prerogative for crimes that are semipolitical 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 governing body. R. Stuart Phillips, a justice 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 espionage. These types of crimes should be protected by a political offense exemption. A problem with the extradition exemption comes up with the relative political offenses. These offenses are not entirely political in nature. These crimes tend to be common crimes that are committed for a political purpose. The reason behind the crime is not enough to warrant an exemption from prosecution for the crime itself (Phillips 340-343). Terrorists should not be allowed to find the loopholes in a system that enables them to continue to terrorize those whom they blame for their problems.This problem is a direct solution of the gray areas that make it difficult to tell the difference between a common crime and a political crime. It combines the two acts into one, blurring the line of distinction (Anderson). The government being attacked sees it as a common criminal attack on its sovereignty, while the terrorist sees it as a legitimate means to an end. The government behind which the terrorist is nerve-wracking to... ...d for.BibliographyAnderson, James H. International Terrorism and Crime Trends and Linkages. James Madison University. http//www.jmu.edu/orgs/wrni/it.htm (8 Mar. 2002).Kash, Douglas A. An International Legislative Approac h to 21st-Century Terrorism. The Future of Terrorism Violence in the New Millennium. Ed. Harvey W. Kushner. capital of the United Kingdom Sage Publications, 1998.Phillips, R. Stuart. The Political Offense Exception and Terrorism Its Place in the Current Extradition Scheme and Proposals for its Future. Dickenson Journal of International Law Winter 1997. 337-359.Van den Wyngaert, Christine. The Political Offense Exception to Extradition How to Plug the Terrorists Loophole without Departing from Fundamental Human Rights. International Criminal Law and Procedure. Eds. John Dugard and Christine van den Wyngaert. Aldershot Dartmouth, 1996.

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