Contemporary Practice of the U.S.

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Contemporary Practice of the U.S.

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• Arts

Informations

• Publié par: ycyzadom
• Nombre de lectures: 71
• Langue: English

Extrait

1

Antiterrorism and Effective Death Penalty Act of 1996, §301, 18 U.S.C. §2339B

note (Supp. IV 1998). For background, see H.R.

C

ONF

.

R

EP

.

N

O

.

104-518, at 113 (1996),

reprinted in

1996 U.S.C.C.A.N. 924, 944; Statement on Signing the Antiterrorism and

Effective Death Penalty Act of 1996, 1

P

UB

.

P

APERS

630–32 (1996); Jennifer A. Beall, Note,

Are We Only Burning Witches? The Antiterrorism and Effective Death Penalty Act of 1996’s Answer

to Terrorism

, 73

I

ND

.

L.J. 693 (1998).

AEDPA

receives more extensive treatment in the case

report by Derek Jinks,

infra

at 395.

2

8 U.S.C. §1189(a)(1) (Supp. IV 1998).

3

Id.

§1182(a)(3)(B)(iii) (1994 & Supp. IV 1998).

4

Id

. §1182(a)(3)(B)(ii).

5

Id

. §1182(a)(3)(B)(i)(V).

6

Id.

§1189(a)(2)(C).

[Excerpted from Sean D. Murphy, Contemporary Practice of the United States,

94 AJIL 365 (2000), © The American Society of International Law.]

U.S. Designation of Foreign Terrorist Organizations

Among other things, the Antiterrorism and Effective Death Penalty Act of 1996

(

AEDPA

) seeks “to provide the Federal Government the fullest possible basis, consistent

with the Constitution, to prevent persons within the United States, or subject to the

jurisdiction of the United States, from providing material support or resources to foreign

organizations that engage in terrorist activities.”

1

The

AEDPA

therefore authorizes the

secretary of state to designate an organization as a “foreign terrorist organization” (FTO),

meaning that it is a non-U.S. organization that engages in terrorist activity that threatens

U.S. nationals or national security.

2

To engage in terrorist activity is, under the act, to

commit “in an individual capacity or as a member of an organization, an act of terrorist

activity or an act which the actor knows, or reasonably should know, affords material

support to any individual, organization, or government in conducting a terrorist activity

at any time.”

3

Terrorist activity includes such acts as hijacking, kidnaping, assassination,

and the use of any explosive or firearm, “with the intent to endanger, directly or

indirectly, the safety of one or more individuals or to cause substantial damage to

property.” Threats, attempts, and conspiracies to commit the above acts also come within

the definition.

4

Once an FTO has been designated, a number of consequences follow. Its

members who are not U.S. citizens will not be admitted to the United States.

5

All assets of

the FTO located in the United States may be frozen at the discretion of the secretary of

the treasury.

6

All persons who knowingly provide material support or resources to the

FTO (other than medical or religious supplies) may be fined or imprisoned for up to ten