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Historical Dictionary of Terrorism Third Edition

Historical Dictionary of Terrorism Third Edition

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148 • DIPLOMATIC INVIOLABILITY1981. The Comprehensive Crime Control Act <strong>of</strong> 1985, sections 2001and 2002, amended chapter 55 <strong>of</strong> Title 18 to make any kidnappingwith an international dimension involving threats against life, limb,or liberty a crime subject to federal jurisdiction.In essence this allowed the United States to claim the right toarrest anyone involved in taking any U.S. citizen hostage, whetheror not that victim was a U.S. diplomat, or whether the crime tookplace within or outside the borders <strong>of</strong> the United States, and allowedU.S. authorities to arrest suspects even outside <strong>of</strong> the borders <strong>of</strong> theUnited States. Ordinarily the United States would try to demandthe extradition <strong>of</strong> such suspects, but the propensity <strong>of</strong> terrorists toseek sanctuary in nations not disposed to extraditing them to U.S.authorities made this extreme assertion <strong>of</strong> extraterritorial jurisdictionseem necessary even though such rendition may appear to violatethe sovereignty <strong>of</strong> such nations.The other issue involves cases <strong>of</strong> diplomatic immunity in whichdiplomatic status is abused to shelter terrorist agents from the lawor else abuse <strong>of</strong> this status by the diplomats themselves to carry outterrorist activities. Following the end <strong>of</strong> the October 1985 hijacking<strong>of</strong> the Achille Lauro, the four Palestine Liberation Front (PLF)hijackers, who had been joined by PLF leader Abu Abbas, had leftEgypt on an Egyptian airliner, intending to fly to Tunisia, when U.S.fighter jets forced the plane to land at the North Atlantic Treaty OrganizationAir Force base at Sigonella in Sicily. Over U.S. objections,the Italian authorities allowed Abu Abbas to go free on the groundsthat he had an Iraqi diplomatic passport. Similarly, Libyan diplomatsabused their status on 17 April 1984 when they opened fire on Libyanprotesters in St. James Square, London, killing one British police<strong>of</strong>ficer. In such cases the national government whose territory andcitizens have been attacked has the option <strong>of</strong> declaring the diplomatspersona non grata, requiring them to leave, or even <strong>of</strong> downgradingdiplomatic ties with the other nation or subjecting it to economicboycott and sanctions. Group <strong>of</strong> Eight counterterrorism cooperation,beginning with its London declaration <strong>of</strong> 1984 and the Tokyodeclaration <strong>of</strong> 1986, has coordinated measures among the memberstates to punish nations that abuse diplomatic immunity, in particularLibya, by agreeing not to admit any diplomat declared persona nongrata in any one <strong>of</strong> their nations and also to embargo the sales <strong>of</strong> armsto nations abusing diplomatic immunity.

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