Volume XXXVIII     Number 3 2001    Department of Public Information

Perspectives



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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, Malaysia’s 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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