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International Court of Justice regarding the legality of extradition

The issue of international terrorism is one that has engulfed the global community. With terrorism on the increase, we have seen that its importance has increased. Whether domestic or international in nature, terrorism is having an ever-increasing impact upon the international community. The United States has fallen victim to acts of terrorism recently, most notably the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City, OK, and the 1998 bombings of U.S. Embassies in Kenya and Tanzania. Upon investigation, it was revealed that the embassy bombings were linked to Osama Bin Laden, a former Saudi Arabian National whose excessive bank accounts fund a worldwide terrorist operation.

Further investigation revealed that Bin Laden was living in Afghanistan in a camp protected by his own 200-man private army and a sub-unit of the Taliban, a quasi-religious organization operating within Afghanistan's borders (MSNBC, 10/12/99). The United States, backed by other nations who have had terrorist attacks related to Bin Laden, appealed to the United Nations Security Council to call for the extradition of Osama Bin Laden for trial.

In response to the request, the United Nations Security Council unanimousl


The call by the Security Council to bring Osama Bin Laden to justice does have its merits, and is legally justified under current international law. Bin Laden has been implicated in acts of terrorism all over the world, and his financial backing, while weakening, is still considerable. By getting Afghanistan to turn Bin Laden over to the proper authorities, a measure of peace and security can be attained once again. By bringing him to trial, these prevailing instruments of international law that apply to terrorism can be viewed in force.

y adopted resolution 1267 on October 15, 1999. The resolution called for sanctions to be placed on Afghanistan effective November 14, 1999 unless the Taliban turned over suspected terrorist Osama Bin Laden to the appropriate authorities. Bin Laden is currently a suspect in financing terrorist activities in nation-states such as Algeria, Jordan, Egypt, Israel, Kenya, and even the United States of America. Worldwide intelligence networks have been attempting to maintain constant surveillance of him in order to help deter further acts. However, he is still free, protected by the Taliban, who share many of the same fundamentalist beliefs with him.

Finally, the Convention on the Organization of the Islamic Conference on Combating International Terrorism, ratified in Tehran in December 1997 at a meeting of the Organization of the Islamic Conference, can be directly be applied to Afghanistan, as they were one of the principal signatories to it. This convention not only reiterates support for the previous conventions mentioned here, but for numerous others as well. This convention uses all previous international treaties regarding terrorism as precedence, and then builds on them. Furthermore, this Convention does not call for the application of Islamic law over Anglo-Saxon law. Since the OIC Convention does not conflict with international law conventions previously established by the United Nations, Afghanistan is further bound to this convention.

United Nations. Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents. New York: United Nations, 1977.

United Nations Security Council. Security Council Resolutions 1189, 1193, 1214, 1267, 1269. New York: United Nations, 1998-1999.



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Approximate Word count = 2776
Approximate Pages = 11 (250 words per page double spaced)


  

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