Saturday, March 23, 2019
The Terroristââ¬â¢s Extradition Loophole Essay -- Terrorists Terrorism Ter
The Terrorists Extradition LoopholeMost extradition treaties between states call for an immunity for crimes that are policy-making in nature. The political offense exemption was in the first place created to allow states to protect those that a nonher state may wish to mesh for crimes that are politically attached against that government. R. Stuart Phillips, a Judge Advocate in the United States Army, distinguishes between pure political offenses and relative political offenses. polished political offenses are directed specifically against the state and do not directly affect civilians. They also do not contain acts that would usually 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 occupation with the extradition exemption comes up with the relative political offenses. These offenses are not but political in nature. These crimes tend to be c ommon crimes that are committed for a political purpose. The reason behind the crime is not decorous to warrant an exemption from prosecution for the crime itself (Phillips 340-343). Terrorists should not be allowed to adventure the loopholes in a system that enables them to continue to terrorize those whom they blame for their conundrums.This problem is a direct result of the gray areas that make it difficult to demonstrate 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 trying to... ...d for.BibliographyAnderson, James H. outside(a) Terrorism and Crime Trends and Linkages. James Madison University. http//www.jmu.edu/orgs/wrni/it.htm (8 Mar. 2002).Kash, Douglas A. An world-wide Legislative memo ry access to 21st-Century Terrorism. The Future of Terrorism Violence in the New Millennium. Ed. Harvey W. Kushner. London sage-green Publications, 1998.Phillips, R. Stuart. The Political Offense Exception and Terrorism Its Place in the latest Extradition Scheme and Proposals for its Future. Dickenson Journal of International Law Winter 1997. 337-359.Van hideaway 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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