LETTER TO JOHN SPARKMAN FROM ROBERT J. MCCLOSKEY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R001100210023-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 19, 2016
• Document Release Date: January 18, 2006
• Sequence Number: 23
• Content Type: LETTER

oved For Release 2006/02/07 CIA-RDP77M00144R001100210023-5
DEPARTMENT OF STATE
Washington, D.C. 20520
w-. ' r` :1F
4J,ay
Honorable John Sparkman
Chairman
Committee on Foreign Relations
United States Senate
Washington, D.C. 20510
Dear Mr. Chairman:
The Secretary has asked me to reply to your letter of
February 10 concerning S. Res 351 "To request that
the President engage in negotiations with other nations
to halt international terrorist activities."
As you are aware, the Executive Branch has been deeply
concerned by the threat of international terrorism.
A major element in our efforts to combat this threat
has been the encouragement of international cooperation
in bringing terrorists to justice and in denying them
safe haven. We have urged that all states become party
to and implement the various international conventions
on hijacking and the Convention on Prevention and
Punishment of Crimes Against Internationally Protected
Persons. In 1972, the United States submitted to the
UN a working paper containing a draft convention for
the prevention and punishment of certain acts of inter-
national terrorism. This draft convention would,
among other things, obligate those states adhering to
it to extradite or to prosecute terrorists who come
within their jurisdiction. (A copy of the draft con--
vention is enclosed.) The United States has repeatedly
urged that this or a similar convention be adopted
by the UN, but. so far, unfortunately, without success.
S. Res 351 is closely in line with these efforts to
achieve greater international cooperation in the fight
against terrorism. We would note, however, that we
believe multilateral conventions generally hold out
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greater prospects for success in combatting terrorism
than individual bilateral agreements. Such conventions
emphasize the responsibility of the entire international
community in dealing with terrorism. Moreover, they
stand a better chance of being acceptable to many
states whose cooperation in fighting terrorism is es-
sential but which would be unlikely to enter into a
bilateral agreement on the subject with the United
States. With regard to sanctions, we would favor their
being applied to nations giving assistance or asylum
to terrorists. As a practical matter, however, we have
found ?that it is extremely difficult to secure the
agreement of other nations on the application of such
sanctions.
The Office of Management and Budget advises that from
the standpoint of the Administration's program there is
no objection to the submission of this report.
Sincerely,
Robert J. McCloskey
Assistant Secretary for
Congressional Relations
1. Correspondence re Lurned
2. Draft convention
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5< Working paper submitted by the United Stags of Amer, :r,
DRAFT CONVENTION FOR THE, PREVE.ITION AND PUNISHMENT OF CERTAIN
ACTS OF Iirt'TERNA`.l'IO1NTA TERRORISM
Recalling General Assembly resolution 2625 (XXV) of 2I October 19 O,
proclaiming principles of international law concerning friendly relations and
co-operation among States in accordance with the Charter of the United. Nations,
Considering that this resolution provides that every State has the duty to
refrain from ofganizing, instigating, assisting or participating in terrorist ants
in another State or acquiescing in organized activities within its territory
directed towards the commission of such acts,
Considering the common danger posed by the spread of terrorist acts across
national boundaries,
The State` Parties to this Convention,
Considering that civilians must be protected from terrorist acts,
Affirming that effective measures to control international terrorism are
urgently needed and require international as well as national action,
Haye reed as follows:
Article 1
1. Any person who uxilaw.fully kills, causes serious bodily harm or kidnaps
another person, attempts to commit any such act, or participates as an. accom ]J ce
of a person who commits or attempts to comanit" any such act, corr_mits an, offence of
international significance if the act
(a) Is committed or takes effect outside the territory of a State o which
the alleged offender is a national;
(b) Is committed or takes effect
(i) Outside the territory of the State against which the act is directed,
or
Within the territory of the State against which act is directed
and the alleged off ender knows or has reason. to know a person
against whom the act is directed is not a national of that State;
(c) Is committed neither by nor against a member of the ax,ned forces of a
State in the course of military hostilities;
(d) Is intended to damage the interests of or obtain concessions from a
State or an international organization..
2. For the purposes of this Convenl'tion:
(a) An "international organi:?..ttion" rnean 3 -