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In the nuclear age, the potential of terrorist
organizations to use new technologies to carry out their schemes
has taken on an alarming gravity. At the same time, recent
developments, such as the dissolution of the Soviet Union
and the rise of new nuclear powersIndia, Pakistan, the
Democratic People's Republic of Korea and presumably Israelhave
led to a weakening of accountability over safeguarding nuclear
materials. These transformations of the nuclear status quo,
coupled with a rise in terrorist activity all over the world,
have created considerable tension and urged the international
community to take action to prevent the potentially most catastrophic
strain of terrorist activity: nuclear terrorism.
The International Convention for the Suppression of Acts of
Nuclear Terrorism, also known as the Nuclear Terrorism Convention,
is the newest of 13 United Nations conventions and protocols
to deal with terrorism and codifies specifically the international
community's responsibilities in the fight against nuclear
terrorism. Its entry into force on 7 July 2007 was a monumental
manifestation of global unity against this most lethal form
of terrorist activity. However, as promising as the Convention
might be, more remains to be done in the pursuit of a comprehensive
counter-terrorism legal framework and effective international
cooperation, both indispensable preconditions for defeating
this modern-day scourge.
The swift entry into force of the Nuclear Terrorism Convention
is undoubtedly reassuring. Only two years after its adoption
by the UN General Assembly on 13 April 2005, the 22nd instrument
of ratification was deposited, thus making the Convention
the 13th universal sectoral agreement to regulate
States' responsibilities for combating terrorism. The treaty
criminalizes acts of nuclear terrorism by covering a broad
range of possible targets, including nuclear power plants
and reactors. Under the Convention, offenders must be either
extradited or prosecuted. Furthermore, it encourages States
to cooperate in preventing terrorist attacks by sharing information
and assisting each other in criminal investigations and extradition
proceedings, as well as in crisis management and the protection
of radioactive material. UN Secretary-General Ban Ki-moon
welcomed the prompt ratification of the Convention and congratulated
States that have acceded to it, noting that their actions
would help prevent one of the most serious threats of our
time.
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Hoc Committee-Nuclear Terrorism Convention UN photo/Evan
Schneider |
However, there are still many questions as to the effectiveness
of the agreement. Even though the treaty received 115 signatures,
the overwhelming majority of nuclear powers have yet to ratify
it. Among the 22 ratifying parties, the Russian Federation is
currently the only representative of the five permanent members
of the UN Security Council, recognized by the Nuclear Non-Proliferation
Treaty (NPT) as nuclear weapons States. In addition, of the
four States with military nuclear capabilities outside of the
NPT, only India has ratified the new Convention. A truly successful
international cooperation on the issue of nuclear terrorism
would require all of the world's main nuclear powers to lend
credence to the treaty's provisions.
Moreover, the international community has yet to come to terms
on a universally agreed upon comprehensive definition of terrorism.
Terrorist acts have been on the international agenda since the
adoption of the Convention for the Prevention and Punishment
of Terrorism by the League of Nations in 1937. The UN condemnation
of terrorism has been unequivocally expressed, as the Security
Council has reaffirmed on multiple occasions that terrorism
in all its forms and manifestations constitutes one of the most
serious threats to international peace and security, and that
any acts of terrorism are criminal and unjustifiable. Nevertheless,
what amounts to such acts has yet to be determined by Member
States in the General Assembly. As the United Nations Office
on Drug and Crime (UNODC) admits, "the lack of agreement
on a definition of terrorism has been a major obstacle to meaningful
international countermeasures".
Currently, Member States hope to overcome this challenge by
negotiating a further treaty, which is expected to finally provide
for a comprehensive agreement on international terrorism. Such
a convention would complement the existing framework of anti-terrorism
instruments and build on key guiding principles in order to
help develop a full-fledged coordinated response to one of humanity's
major threats. As Secretary-General Ban underscores, "terrorism
hurts all nations-large and small, rich and poor. It takes its
toll on human beings of every age and income, culture and religion.
It strikes against everything the United Nations stands for.
The fight against terrorism is our common mission." |