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Documents Concerning The Achille Lauro Affair and Cooperation in Combatting International Terrorism*

Published online by Cambridge University Press:  18 May 2017

Abstract

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Type
International Legal Documents
Copyright
Copyright © American Society of International Law 1985

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Footnotes

*

[The Introductory Note was prepared for International Legal Materials by Don C. Piper, Department of Government and Politics, University of Maryland.]

References

* [The informal exchange of the President with reporters is reproduced from the Weekly Compilation of Presidential Documents, Volume 21, Number 41 (October 14, 1985), pp. 1222-23. The statement of the Principal Deputy Press Secretary, at I.L.M. page 1513, is reproduced from pp. 1233-34. The President's remarks and question and answer session with reporters, at I.L.M. page 1514, are reproduced from pp. 1234-37. The press briefing by the National Security Advisor, at I.L.M. page 1516, is reproduced from the White House press release of October 11, 1985. Ellipses indicate omissions from that briefing.]

1 Assistant to the President for National Security Affairs.

* [The text of the treaty begins at I.L.M. page 1527. The treaty entered into force on September 24, 1984. The Report of the U.S. Senate Committee on Foreign Relations, printed June 20, 1984, appears at I.L.M. page 1531.]

* [The text of the treaty begins at I.L.M. page 1539. The treaty entered into force on November 13, 1985. The Report of the U.S. Senate Committee on Foreign Relations, printed June 20, 1984, appears at I.L.M. page 1542. The Protocol of exchange of instruments of ratification and the note concerning the provisions of Article 18 , T.. L . M. oaqe 15 4 9.]

4 The phrase “relevant and material” is intended by both the United States and Italy to preclude use of this Article with respect to relatively unimportant, yet necessary, witnesses. For example, it is not intended for a requested country to seek a court order to compel the appearance of a custodian of records in the requesting country unless the manner in which the records were kept or other factors relating to their trustworthiness is a critical issue at trial. Therefore, this Article should not be interpreted as making such witnesses available for trial within the meaning of Rule 15(e), Federal Rules of Criminal Procedure. Moreover, an important fact witness whose appearance cannot be obtained, either because Italy refuses to compel his appearance, or because the witness contumaciously refuses to travel to the United States pursuant to an Italian court order, should be regarded as unavailable for purposes of Ruie 15(e).

* [Reproduced from the text provided by the U.S. Department of State.]

* [Article 18(2) appears at I.L.M. page 1542.]

* [Reproduced from the text provided by the U.S. Department of Justice.]

* [Reproduced from Chapter XX of the Comprehensive Crime Control Act of 1984, Public Law 98-473 of October 12, 1984. Part A forms part of the basis of the criminal complaints issued by the Department of Justice against the captured hijackers and Abu el-Abas at I.L.M. page 1553.

* [Reproduced from the text provided by the U.S. Department of Justice. Only the arrest warrant and criminal complaint filed against Abu el-Abas have been reproduced.]

* [Arrest warrants were also issued for Abdel Atif Ibrahim Fatayer, Hallah Abdalla Al-Asan, Maged Yussef Al Malaki, and Hammad Al Abdulla.j

* [Criminal complaints were also issued for Abdel Atif Ibrahim Fatayer, Hallah Abdalla Al-Asan, Majed Yussef Al Malaki, and Hammad Al Abdulla.]

* [Reproduced from Title V of the International Security and Development Cooperation Act of 1985, Public Law 99-83 of August 8, 1985.]

* [Reproduced from House Concurrent Resolution 228, as amended. The amendments have been added as they appeared in the Congressional Record of November 19, 1985. The Resolution was adopted by the House of Representatives on November 19, by a roll call vote of 408 yeas to 1 nay, with 25 not voting.]

* [Excerpts from that report appear at 24 I.L.M. 1175 (1985).]