International Instruments Against
Terrorism
Protocol for the Suppression of Unlawful
Acts against the Safety of Fixed Platforms Located on the Continental
Shelf The Security Council, as the principal international organ dealing
with international peace and security, has also long been involved in
the fight against terrorism. Immediately following the 11 September
incident, in resolution 1368 (2001), the Council condemned "unequivocally"
the terrorist attack against the United States and called on all States
to work together urgently to bring the perpetrators to justice. By resolution
1333 (2000), it demanded that Afghanistan's Taliban authorities act
swiftly to close all camps where terrorists are trained. By resolution
1269 (1999), it unequivocally condemned all acts of terrorism as criminal
and unjustifiable, and called on Member States to adopt specific measures
and, by resolution 1267 (1999), demanded that the Taliban turn over
Usama bin Laden to appropriate authorities so that he could be brought
to justice.
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(Developed by ICAO and adopted in Tokyo in 1963; 171 States parties
as of 17 September 2001)
Known as the "Tokyo Convention", this treaty applies to acts
affecting in-flight safety. It:
* authorizes the aircraft commander to impose reasonable measures, including
restraint, on any person he or she has reason to believe has committed
or is about to commit such an act, which are necessary, to protect the
safety of the aircraft;
* requires contracting States to take custody of offenders and to return
control of the aircraft to the lawful commander.
Convention for the Suppression of
Unlawful Seizure of Aircraft
(Developed by ICAO and adopted in The Hague in 1970; 174 States parties)
Known as the "Hague Convention", this treaty combats aircraft
hijackings. It:
* makes it an offence for any person who board an aircraft in flight,
"unlawfully, by force or threat thereof or any other form of intimidation,
seizes or exercises control of that aircraft", or attempts to do
so;
* requires parties to the Convention to make hijackings punishable by
"severe penalties";
* requires parties that have custody of an alleged offender to either
extradite him or submit the case for prosecution;
* requires parties to assist each other in connection with criminal
proceedings brought under the Convention.
Convention for the Suppression of Unlawful
Acts against the Safety of Civil Aviation
(Developed by ICAO and adopted in Montreal in 1971; 175 States parties)
Known as the "Montreal Convention", this treaty applies to
acts of aviation sabotage, such as bombings aboard aircraft in flight.
It:
* makes it an offence for any person, unlawfully and intentionally:
to perform an act of violence against a person on board an aircraft
in flight if that act is likely to endanger the safety of that aircraft;
to place an explosive device on an aircraft; and to attempt such acts
or be an accomplice of a person who performs or attempts to perform
such acts;
* requires parties to the Convention to make offences punishable by
"severe penalties";
* requires parties that have custody of offenders to either extradite
the offender or submit the case for prosecution.
Protocol on the Suppression of Unlawful Acts of Violence at Airports
Serving International Civil Aviation
(Adopted in Montreal in 1988; 107 States parties)
This protocol extends and supplements the provisions of the Montreal
Convention to encompass terrorist acts at airports serving international
civil aviation.
Convention on the Prevention and Punishment
of Crimes against Internationally Protected Persons including Diplomatic
Agents
(Adopted by the General Assembly in 1973; 107 States parties)
This treaty outlaws attacks on State officials and representatives.
It:
* defines an internationally protected person as a Head of State, Minister
for Foreign Affairs, representative or official of a State or an international
organization who is entitled to special protection from attack under
international law;
* requires each party to criminalize and make punishable "by appropriate
penalties, which take into account their grave nature": the intentional
murder, kidnapping or other attack upon the person or liberty of an
internationally protected person; a violent attack upon the official
premises, the private accommodations, or the means of transport of such
person; a threat or attempt to commit such an attack; and an act "constituting
participation as an accomplice".
International Convention against
the Taking of Hostages
(Adopted by the General Assembly in 1979; 96 States parties)
Known as the "Hostages Convention", this treaty combats the
unlawful taking of hostages. It:
* provides that "any person who seizes or detains and threatens
to kill, to injure or to continue to detain another person in order
to compel a third party, namely, a State, an international intergovernmental
organization, a natural or juridical person, or a group of persons,
to do or abstain from doing any act as an explicit or implicit condition
for the release of the hostage commits the offence of taking of hostages
within the meaning of this Convention".
Convention on the Physical Protection
of Nuclear Material
(Developed by IAEA and adopted in Vienna in 1980; 68 States parties)
Known as the "Nuclear Materials Convention", this treaty combats
unlawful taking and use of nuclear material. It:
* criminalizes the unlawful possession, use and transfer of nuclear
material, the theft of nuclear material, and threats to use nuclear
material to cause death or serious injury to any person or substantial
property damage.
Convention for the Suppression of
Unlawful Acts against the Safety of Maritime Navigation
(Developed by IMO and adopted in Rome in 1988; 52 States parties)
This treaty applies to terrorist activities on ships. It:
* establishes a legal regime applicable to acts against international
maritime navigation that is similar to the regimes established against
international aviation;
* makes it an offence for a person to seize or exercise control over
a ship by force, threat or intimidation; to perform an act of violence
on board a ship that endangers the safe navigation of the ship; to place
a destructive device aboard a ship; and other acts against the safety
of ships.
(Adopted in Rome in 1988; 48 States parties)
This protocol extends the Rome Convention on maritime navigation and
applies to terrorist activities on fixed offshore platforms. It:
* establishes a legal regime applicable to acts against fixed platforms
on the continental shelf that is similar to the regimes established
for international aviation.
Convention on the Marking of Plastic
Explosives for the Purpose of Detection
(Developed by ICAO and adopted in Montreal in 1991; 67
States parties)
This treaty provides for chemical marking to facilitate detection of
plastic explosives to combat aircraft sabotage. It obligates States
parties to:
* take necessary and effective measures to prohibit and prevent the
manufacture and use of unmarked plastic explosives and prevent their
movement into or out of their respective territories;
* exercise strict and effective control over possession and transfer
of unmarked explosives made or imported prior to the entry-into-force
of the Convention;
* ensure that all stocks of such unmarked explosives not held by the
military or police are destroyed or consumed, marked or rendered permanently
ineffective within three years;
* ensure that unmarked plastic explosives held by the military or police,
are destroyed or consumed, marked or rendered permanently ineffective
within fifteen years;
* ensure the destruction as soon as possible of any unmarked explosives
manufactured after the date of entry into force of the Convention for
that State.
International Convention for the Suppression
of Terrorist Bombings
(Adopted by the General Assembly in 1997; 26 States parties)
This treaty seeks to deny "safe havens" to persons wanted
for terrorist bombings. It:
* creates a regime of universal jurisdiction over the unlawful and intentional
use of explosives and other lethal devices with intent to kill or cause
serious bodily injury, or to cause extensive destruction of a public
place.
* obligates States parties to prosecute such terrorists if it does not
extradite them to another State that has issued an extradition request.
International Convention for the Suppression
of the Financing of Terrorism
(Adopted by the General Assembly in 1999; 4 States parties; will
enter into force when ratified by 22 States)
This treaty obligates States parties either to prosecute or extradite
persons accused of funding terrorist activities, and requires banks
to enact measures to identify suspicious transactions. It:
* requires States parties to take steps to prevent and counteract the
financing of terrorists, whether directly or indirectly, through groups
claiming to have charitable, social or cultural goals or which also
engage in such illicit activities as drug trafficking or gunrunning;
* commits States parties to hold those who finance terrorism liable-criminally,
civilly or administratively-for such acts;
* provides for the identification, freezing and seizure of funds allocated
for terrorist activities, as well as for the sharing of the forfeited
funds with other States on a case-by-case basis. Bank secrecy will no
longer be a justification for refusing to cooperate.
Other UN Measures to Combat Terrorism
For its part, the General Assembly, at the opening of its fifty-sixth
session, adopted resolution 56/1, strongly condemning the "heinous
acts of terrorism" and calling for urgent action to enhance international
cooperation to eradicate terrorism.
The General Assembly adopted in 1994 the Declaration on Measures to
Eliminate International Terrorism, and the supplementary Declaration
of 1996, condemning all acts and practices of terrorism as criminal
and unjustifiable, wherever and by whomever committed, and urging all
States to take measures at the national and international levels to
eliminate international terrorism. The Legal Committee of the General
Assembly is elaborating a draft convention for the suppression of acts
of nuclear terrorism and drafting a comprehensive convention on the
elimination of terrorism.
In 1999, the Assembly established a Terrorism Prevention Branch, within
the Vienna-based United Nations Office for Drug Control and Crime Prevention.
The Branch researches terrorism trends and assists countries in upgrading
their capacities to investigate and prevent terrorist acts.
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