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Publication: European Stars and Stripes Sunday, July 6, 1986

You are currently viewing page 10 of: European Stars and Stripes Sunday, July 6, 1986

   European Stars And Stripes (Newspaper) - July 6, 1986, Darmstadt, Hesse                                Page 10 the stars and stripes sunday july 6,1986 columns William Buckley eight Points for bottling International terrorists the israeli ambassador to the United nations is As most israelis Are on the vital questions strictly no nonsense on the matter of terrorism. His recently published Book terrorism How the West can win has a sad fascinating provenance. It almost slips the memory so much has happened since that in1976 an air France plane was hijacked and taken to Uganda. What followed was the legendary Entebbe raid. A Squadron of israeli air planes set out in the dead of night. Mission Rescue the passengers of the air plane. They did this but of coils be there were a few casualties. One of them was it. Col. Jonathan Netanyahu. In his memory the Jonathan foundation was founded. It Isan israeli think tank devoted to devising Means of combating terrorism. And the Book by the dead Man s brother Benjamin is a keenly edited report of the most recent meeting of the Jonathan foundation in Washington in 1984. Participating in the seminars that led to the Book were among others Michael Ledeen of Georgetown University Secretary of state George Shultz Sens. Daniel Patrick Moythan Alan Cranston and Paul Laxdall former ambassador to the United nations Jeane Kirkpatrick Yitzhak Rabin George will Paul Johnson and Jean Francois revel. Match that if you Are in the business of brainpower gather ing. It becomes important along the line to define terrorism. Or. Netanyahu s definition is a very Good Start. He defines terrorism As the deliberate and systematic murder maiming or menacing of the innocent James j. Kilpatrick to inspire tear Tor political  Flashback. In 1973, at the United nations the . Delegation myself included struggled to gel the Gener Al Assembly to deplore terrorism in a comprehensive Way. The great windbag of the United nations in those Days and indeed in every Day in the Quarter Century in which he figured in the United nations history was or. Jamil Baroody the ambassador of saudi Arabia. I kid you not when i Tell you that he offered the follow ing amendment to the simpler definition of terrorism backed by the United states and a few allies. The Reso Lution. Ambassador Baroody said should read Mea sures to prevent terrorism and other forms of Vio Lence which endanger or take innocent human lives or jeopardize fundamental freedoms and study of the underlying causes of those forms of terrorism and acts of violence which lie in misery frustration grievance and despair and which cause some people to sacrifice human lives including their own in an attempt to effect Radical  Well that will buy you a franchise to terrorize Mcdonald a if you Are Burger King. And of course the movement to condemn terrorism in a comprehensive Way failed even As it continues to fail today. The Mea sure of the failure in t the United nations paralysis the United nations is forever paralysed on important questions. It is the apparent paralysis of the free world to make common cause the explosive example of which came when in april the United states did take modest action against Qadhafi in Libya Only to awaken the next Day to pronouncements in West Europe that gave the impression that we had bombed no Libya but England. France Spain Italy and West Ger Many and maybe even Bethlehem. Or. Netanyahu believes it is a Challenge of focus. His Point is that it is Croc singly self evident that there is no excuse for terrorism and that terrorism can t be dealt with by dilettantes. He says it right out i no concessions never acquiesce in terrorist de mands. 2 no appeasement of easygoing countries that tolerate transient terrorists let alone resident terrorist training. 3 insist on common policies among allies he Means obviously try to insist. 4 Diplo Matic sanctions close Down he appropriate embassies. 5 economic sanctions against terrorist sanctuaries including Boycott and embargo. 6 put increasing pressure on Neutral countries e.g., those that permit airlines from Syria or Libya to land on their territory 7 concentrate on what hurts the target countries economically. 8 educate the Media the press should treat terrorists the Way it treats organized  this commentator sees ambassador Netanyahu and raises him one. What Are we going to do about the soviet Union it is by All the authors who contribute to his volume conceded that the soviet Union is really the principal engine. Or better nuclear Power reactor. Behind International terrorism. So does that leave us chopping off the Hydra s coils leaving the head forever immune a but that is the Challenge of the Era the Challenge of How to Deal with the evil Empire. C Unm Rul or  Burger will be remembered As an administrator on the morning of May 22, 1969, president Nixon invited a handful of reporters into the Oval office. He wanted to talk about his nomination of Warren Earl Burger to become chief Justice of the United slates. Nothing quite like that conference had Ever happened before and nothing like it has happened since. I happen to believe that the Constitution should be strictly interpreted Nixon said. Judge Burger is a strict  a reporter pressed Nixon for Burger s views on criminal Law. Did these views figure in the Nomi nation Nixon responded candidly. He had read some of Burger s opinions and speeches As a circuit judge. These suggested that Burger would be on the minority Side of such 5-4 decisions As Miranda is. Arizona. But i would Hope that would become the majority  in some ways Burger has disappointed the president who made him chief Justice but that is generally the Way of nominees to the highest court in the land. They won t stay tied. Burger has voted to narrow the Miranda decision but not to overrule it. He has voted to relax the rules under which certain evidence May be admitted in criminal trials but he has never gone along with repealing the exclusionary Rule altogether. He has indeed been a strict constructionist but not an extremely strict constructionist. He was some what troubled by the majority opinion in Roe is. Wade the famous abortion Case but he concurred in that bizarre decision. If i am not mistaken Burger will be Best remembered not for particular opinions though he wrote for the court in such memorable cases As the Miller obscenity decision of 1973, but rather for his dedicated labors in judicial administration. A Jurist in our his tory not even William Howard Taft has done More than Burger to focus Public attention on the courts and on the practice of Law. In most areas of his life Burger is the consummate conservative. He is a Man of dignity that Borders but never reaches pomposity. He is a stickler for up Natilio for civility and Courtesy. Fixed rules of etiquette and manners Are the lubricants of courtroom contests he once remarked. When his colleague in. 1977 approved advertising by lawyers he strongly dissented. A firm traditionalist he has steadfastly opposed television recording of Oral arguments before his court. Yet when it came to the administration of Justice Burger was out in the Vanguard of change. He regularly fumed at the stick in the mud procedures of the Law. His annual reports on the state of the judiciary were chronicles of practices that ought to be reformed. He thought bail Reform had gone too far it was time to consider not Only the rights of the accused but also the rights of society. He thought Legal costs were entirely Loo High. He campaigned for new ways to resolve minor disputes without formal court proceedings. At one Point he was advocating Small neighbourhood tribunals that would be composed of two non lawyers and a paralegal adviser. He urged the hiring of court administrators. There is nothing incompatible Between efficiency and Justice he said. He has pushed other ideas for a new tribunal just below the supreme court with authority to resolve inter circuit conflicts for the certification of trial Law yers following the British practice of certifying Barris ters for abolition of the jurisdictional Rule by which citizens of different states May sue in Federal courts. More than anyone else. Burger is responsible for enlargement of the Federal judiciary to Cope with the litigation  he has been a Leader in forming a Federal state judicial Council in each state. Ten years ago before it became fashionable he was advocating tort Reform. He once proposed that person Al injury suits be settled in the fashion of workmen s compensation. He has fretted at lawyers abuse of the process of  he wants higher pay for jurors and More efficient use of their time. He was an Early advocate of the Legal services corp. Burger will be remembered also As a chief Justice who really looked like a chief Justice. With his mane of Silver hair and his mount Rushmore forehead he has been an awesome figure at the Center of the Bench. He May not go Down in the books As a great or Brilliant chief but assuredly he has been a Fine one. C  Prmt synd Katt  
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