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Terrorism and the Law - Essay Example

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An author of the essay "Terrorism and the Law" outlines that the government must be able to prove that the “donor defendant acted with culpable intent knowledge” so as it is safe to say that such individual has provided material support to a terrorist organization…
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Terrorism and the Law
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Download file to see previous pages As amended by IRTPA in December 2004 AEDPA section 2339B(a) defines material support as “any property, tangible or intangible or service, including money, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communication equipment, facilities, weapons, lethal substance, explosives, personnel, transportation, and with the exemption of medicine or religious materials (Samaha 468). The government must be able to prove that the “donor defendant acted with culpable intent knowledge” so as it is safe to say that such individual has provided material support to a terrorist organization (Samaha 468). 2. Terrorism is defined by at least four different kinds of laws. Name at least three kinds of laws. There are varying definitions of terrorism which makes it controversial and it is defined by different kinds of laws such as the following: International criminal law, National criminal law (e.g. United States Law Code), and general insurance policies. 3. The United Nations, The Arab Convention and European Convention define terrorism differently. Explain each definition. The United Nations The United Nations and the council on the suppression of terrorism seek to define it by adopting general legislative measures against it which results in serious legal consequences. As a result of this, the United Nations is encouraging every state to define terrorism in the context of National Law (Saul 141). The Arab Convention, On the other hand, the Arab Convention is very particular in excluding armed struggle against oppression from the definition of terrorism and its suppression. The threat to the right of securing self-determination and independence which can be counteracted by an armed struggle in whatever means is particularly excluded in the definition of terrorism (Williamson 59). This, therefore, paves the way for the difficulty in coming up with a universal definition of terrorism. European Convention European Convention on the other hand on its suppression of terrorism encourages States to consider terrorism and its acts not as political offenses or as being inspired by political motives (Dumitriu 587). 4. Yunis, Noriega, and Yousef were progressive rulings on extraterritorial jurisdiction. In a few sentences, what does each case stand for? Why are they considered progressive rulings? The US District Court decision of United States vs. Yunis case stands for the acceptance of certain principles of extraterritorial jurisdiction allowing prosecution of terrorists in the United States (Wegner). In other words, the said case has become the model for the prosecution of terrorists in the US courts. The Noriega case depicts how the head of the state can be brought before trials in the US courts. In the midst of this trial, Noriega case can substantially apply three types of immunity: foreign sovereign immunity, head of state immunity, and the act of state immunity. The case of Yousef, on the other hand, depicts the clash between the Iran Penal Code and the International Covenant on Civil and Political Rights. These two have certain principles that at some point would bring substantial consideration to the progress of the case. These three are considered progressive rulings because from time to time, various modifications, amendments or changes have been implemented on various laws in the world.  ...Download file to see next pagesRead More
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