Using the Protocols Additional to the Geneva Conventions of 12 August 1949 to Combat Acts of Terrorism.

摘要

The United States has concluded that 1977 Geneva Protocol 1 Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts legitimizes terrorist acts and should not be ratified. This study reaches the opposite conclusion regarding the Protocol's treatment of terrorist acts and finds, as in the previous law of armed conflict conventions, such acts are illegal under the provisions of Protocol 1. This study further finds that the law enforcement approach to combating terrorism, an approach favored by the United States, is an insufficient vehicle for reaching the goal of universal condemnation of all terrorist acts. Under the circumstances, it seems absurd to forgo a valuable weapon in the fight against terrorism, the law of armed conflict as developed through Protocol 1, based on a politically biased interpretation of those rules. However, using the law of armed conflict approach alone will not provide the means for combating terrorist acts in all circumstances. The law enforcement approach, tied to the law of armed conflict approach, will provide a legal blanket that covers all situations. Using the two approaches together is the best way to combat terrorist acts and to bring such acts into the realm of customary international law that will one day convert them into crimes of universal condemnation. Theses. (jhd)