International Criminal Law
40
killing, aircraft sabotage, and hostage taking, provided that the victim is a US national
and the offence occurs outside the US. The terrorism exception to the FSIA 1976
applies only vis-à-vis States that are designated by the State Department as State
sponsors of terrorism.
150
Significantly, theAEDPA 1996 permits the claimant to execute
a judgment against State owned property that is used for a commercial activity in
the USA, even if the property cannot be connected to the terrorist act.
151
Successful
suits, but with no money collected at the time of writing, were brought under the
Act against Cuba
152
and Iran,
153
while a case against Libya is pending.
154
Nonetheless,
the State Department has objected to the passing of AEDPA by Congress, believing
that the terrorism exception to immunity is incompatible with US treaty obligations,
and that it will negatively impact on the country’s ability to use frozen assets to
negotiate with recalcitrant States.
155
2.6
TERRORISM AND NATIONAL LIBERATION MOVEMENTS
Contemporary terrorism has primarily manifested itself through ideological and
revolutionary movements.
156
The earliest revolutionary movements appeared in the
1920s in South America following the establishment of autocratic regimes that were
assisted through external intervention. Contemporary movements are less inclined
to remove anti-democratic governments as they are to bringing revolutionary
terrorism to the masses,
157
which is also the cause for numerous illicit operations
such as drug-trafficking. The erosion of the South American revolutionary
movements began with the death of Ernesto ‘Che’ Guevara, which saw terrorist
operations conducted for the first time in urban centres, and the adoption of Marxist/
Leninist teachings advocating that the execution of terrorist acts was within the
purpose of uprooting political power.
158
These movements, detached from Che
Guevara’s idealist socialist society, ultimately failed, while their successors in this
region of the world seem to be fighting regular armed conflicts against governmental
forces, their operations widely linked to organised criminal activity.
Ideological movements in Europe had, until very recently, been inspired by Marxist
and, to a lesser degree, by fascist theories. Other groups such as Baader Meinhof
and the Red Brigades drew their motivation from the theories of anarchocommunism
150 TheSecretaryofStateisauthorisedtodeterminewhetheraforeigncountryhasprovidedrepeatedsupport
to international terrorism, and should therefore be designated as a State sponsor of terrorism. See the 1979
Export Administration Act, 50 USC § 2405(j); 1961 Foreign AssistanceAct, 22 USC § 2371.
151 28 USC §§ 1610(a)(7) and (b)(2).
152
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