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Perspectives
In the wake of the terrorist attacks, calls for the strengthening of
existing international instruments to combat terrorism have gained new
urgency. Among the various proposals are calls for convening a world
summit on terrorism, addressing the threat of nuclear terrorism, and
completion of a comprehensive convention on international terrorism.
At the invitation of the UN Chronicle, the Ambassadors of India, Malaysia
and the Russian Federation - countries which have introduced these initiatives - present
their views.
An International Conference
on Terrorism
By Hasmy Agam, Permanent Representative of Malaysia
to the United Nations
In the wake of the horrific attacks on the United States on 11 September
2001, Malaysias Prime Minister Mahathir Mohamad called for a world
conference among leaders to discuss the rise in the crime of international
terrorism.
He believed that the convening of a world summit on terrorism was timely,
given the serious nature of this crime which can affect all countries.
While he sympathized with the United States on its intention to hunt
down terrorist groups and stop terrorism, Dr. Mahathir was against the
use of force that would result in the victimization of innocent civilians.
He felt that retaliatory actions would not solve the problem, but would
only provoke counter-retaliation.
The Prime Minister felt that for global efforts to effectively curb
terrorism, it was important for the international community to deal
with the phenomenon objectively and impartially. The envisaged conference
should examine the issue comprehensively, including its definition and
root causes. He added that measures taken to combat terrorism, including
the use of arms, would not solve the problem as long as unresolved issues
related to the oppression of people in several parts of the world, particularly
in Palestine, remain unresolved. While Malaysia supported efforts to
curb terrorism, it was timely for the world community to give serious
attention to solving problems which drove people to resort to terrorism.
An International Convention on Nuclear Terrorism
By Sergey Lavrov, Permanent Representative of
the Russian Federation to the United Nations
Experience shows that the objective of terrorist attacks is to achieve
an immediate dramatic impact, and this can best be done by using hazardous
nuclear and similar materials. It is, therefore, important to take as
soon as possible pre-emptive measures to establish a reliable international
legal machinery for countering acts of nuclear terrorism, which can
create a real threat to unnumbered lives and undermine international
peace and security. Unfortunately, the 1980 Convention on the Physical
Protection of Nuclear Material is drawn too narrowly to effectively
combat the threat of nuclear terrorism. The proposed convention is called
to regulate, first and foremost, the effective suppression of acts of
nuclear terrorism, including cooperation in preventing and suppressing
terrorist acts, bringing terrorists to justice and overcoming the consequences
of such acts.
The recent drastic terrorist attacks in the United States are thought
to mark a turning point in obliteration of outdated philosophies. It
is time to strengthen international cooperation, including through the
establishment of an effective international legal regime for combating
terrorism in all of its forms and manifestations. With a large number
of countries supporting the general aim of giving great prominence to
the extremely worrisome prospect of nuclear terrorism, I hope delegations
redouble their efforts and explore all possible ways to finalize outstanding
issues-the scope of application of the Convention-by consensus.
A Comprehensive Convention on Terrorism
By Kamalesh Sharma, Permanent Representative
of India to the United Nations
Since the present multilateral conventions on international terrorism
do not cover all means and methods used for commission of terrorists
acts, India proposed at the 51st General Assembly the adoption of a
comprehensive convention on international terrorism. In resolution 54/110,
the Assembly mandated the Ad Hoc Committee on International Terrorism,
established on 17 December 1996, to elaborate the Convention. India
then submitted a revised draft text.
Similar to the provisions of the International Convention for the Suppression
of the Financing of Terrorism, the draft distinguishes between terrorist
and non-terrorist crimes, when they are committed to intimidate a population
or to compel a Government or an international organization to certain
actions. It considers as criminal any act causing death or serious bodily
injury to any person, or causing serious damage to public or private
property, a place of public use, a public transportation system or an
infrastructure facility.
States parties are required to establish these offences as criminal
offences punishable by appropriate penalties, taking into account their
grave nature. A State is required to establish jurisdiction over these
offences when committed in its territory, on board its ships or aircraft,
or by its nationals or habitual residents in its territory, and also
when an act committed outside its territory results in an offence within
its territory. States are required to adopt legislation to ensure that
the offences are not justifiable by any ideological, religious or other
considerations, nor in extradition proceedings give grounds to perpetrators
to claim that their acts were politically motivated. States are also
obliged to extend mutual legal assistance and required to prohibit and
prevent training camps and financing of those offences, deny asylum
to those connected with terrorist activities, and extradite or prosecute
them if found in their territory.
Many provisions of the draft were generally acceptable to delegations,
and it is hoped that the Convention can be finalized at this session
of the General Assembly, providing an effective instrument for international
cooperation against international terrorism.
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