217. Airgram A–7676 From the Department of State to All Posts1 2
Washington, October 8, 1974
SUBJECT:
- Data on host country law and policy concerning international terrorism
- 1.
- The Department’s work on the problem of international terrorism has been hampered by lack of data on most governments’ legal and policy approaches with respect to prevention and suppression of terrorism. It is important both for our handling of particular incidents and for longer range planning that we have adequate information concerning the approaches to terrorism taken by nations throughout the world.
- 2.
- Post are requested to provide comprehensive and detailed data on
the following:
- a.
- texts of statutes and regulations on terrorism with primary applicability within the host nation;
- b.
- texts of statutes and regulations implementing existing
international conventions concerned with terrorism;
- (1)
- 1963 Tokyo Convention on Offences Committed on Board Aircraft (TIAS 6768; 20 UST 2942);
- (2)
- 1970 Hague Convention for the Suppression of Unlawful Seizure of Aircraft (TIAS 7192; 22 DST 1641);
- (3)
- 1971 Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (TIAS 7570; 24 UST 564);
- (4)
- 1973 United Nations Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents;
- (5)
- 1971 OAS Convention to Prevent and Punish the Acts of Terrorism Taking the Form of Crimes against Persons and Related Extortion that are of International Significance.
- c.
- texts of judicial or administrative decisions dealing with individual cases under a. or b. above;
- d.
- data on prosecution policy and practice; penalty imposition and execution; clemency policy and practice;
- e.
- texts of official pronouncements on any of the above, or on terrorism generally;
- f.
- data revealing informal approaches and general attitudes of governments to terrorism;
- g.
- post’s own evaluation of the host government’s approach and attitude to the problem.
- 3.
- The term “terrorism” in this context is meant to apply to violent
acts (homicide, serious bodily harm, kidnapping, significant
destruction of property) of international significance. This means
that the following conditions should be considered.
- a.
- Whether the violent act was committed or took effect outside the territory of a state of which the alleged offender is a nation; or
- b.
- Whether the violent act was committed or took effect outside the territory of the state against which the act was directed;
- c.
- Whether 3a, or 3b, above, the violent act was intended to damage the interests of or obtain concessions from a state; international organization, or foreign juridical person.
- d.
- Whether the violent act was directed against civilians. The term “terrorism” is not intended to apply to violent acts committed by or against a member of the armed forces of a state in the course of military hostilities.
- 4.
- The Department would appreciate as prompt a response as possible, but in any event no later than February 1, 1975. Please submit the requested materials in English, if at all possible.
Kissinger