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Subject:
politics
Category: Relationships and Society > Government Asked by: 2steve-ga List Price: $4.00 |
Posted:
01 May 2002 06:56 PDT
Expires: 31 May 2002 06:56 PDT Question ID: 8134 |
Is there international treaty that prohibits killing a leader? |
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Subject:
Re: politics
Answered By: missy-ga on 01 May 2002 08:10 PDT |
Hi there! Searches on [ "anti-assassination" treaty ], [ "no assassination" treaty ] and [ "international treaty" "no assassination" ] did not turn up any such agreements. It appears that such policy is up to individual countries, and even leaders with policies against assassination can hide behind "plausible deniability", as suggested in this article, which mentions a statement in a recently declassified intelligence manual that "No assassination instructions should ever be written or recorded": "Operation Condor: Clandestine Inter-American System." [ http://larcdma.sdsu.edu/humanrights/rr/PLAarticles/mcsherry.html ] In the United States, there have been several Executive Orders prohibiting political assassination: Executive Order 11905: United States Foreign Intelligence Activities February 18, 1976 Pres. Gerald R. Ford Executive Order 12036: United States Intelligence Activities 24 Jan 78 Pres. James Carter Executive Order 12333: UNITED STATES INTELLIGENCE ACTIVITIES 4 December 1981 Pres. Ronald Reagan ...the text of which, in each case, read: "Prohibition of Assassination. No employee of the United States Government shall engage in, or conspire to engage in, political assassination." (Texts collected in the article "Assassination to be Legalized by House Bil in process") [ http://www.indymedia.org/front.php3?article_id=19541 ] As mentioned in the above article, the ``Terrorist Elimination Act of 2001'' {which is still in committee) seeks to nullify those Executive Orders and effectively legalize political assassination. "H.R. 19--A bill to nullify the effect of certain provisions of various Executive orders" [ http://frwebgate.access.gpo.gov/cgi-bin/useftp.cgi?IPaddress=162.140.64.21&filename=h19ih.txt&directory=/diskb/wais/data/107_cong_bills ] Hope this helps! Best regards, missy-ga |
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Subject:
Re: politics
From: mvguy-ga on 01 May 2002 09:16 PDT |
It could be argued that the Geneva Convention implicitly prohibits assassinations, since it aims to prevent "wilful killing" that is "not justified by military necessity." If you perform the following search, you'll come across a number of articles that make that interpretation. Google search: geneva convention "wilful killing" |
Subject:
Re: politics
From: benlev-ga on 02 Sep 2002 17:08 PDT |
I think the answer above is a bit too cursory a review of international law. Basically, international law comes from two sources -- treaty and custom. Treaties are binding agreements between two or more states (countries). Custom (also called jus cogens, from the Latin for customary law) is the accepted practice of states, and long-standing custom has full force of law in international venues. For example, it is accepted custom that treaties must be honored. Some issues are covered by both treaty and custom, such as the treatment of diplomats. Ancient custom prohibits hurting foreign diplomats, and a treaty -- "The Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons" -- does the same. Worth noting is that this same treaty (online at: http://www.unog.ch/archives/safety1.htm) protects heads of state as well, which I presume is what is meant by "leader" in the question. (More on the treaty is here: http://untreaty.un.org/English/Terrorism.asp). The United States is a party to this convention, making it a breach of international law for the U.S. to violate it. Violations include killing a protected person, trying to do so, or threatening to do so. Beyond this treaty, various treaty law and customary law prevents states from killing nationals of another state, which clearly includes the leaders of foreign states. If your question referred to actions by individuals (rather than governments), other treaties would apply. If, for example, an American citizen killed a foreign leader, the U.S. might be required to turn the killer over to the foreign nation for trial and punishment. Various human rights treaties might cover such a murder as well. |
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