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Nuclear Terrorism Convention
enters into Force

By Iskra Kirova

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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 powers—India, Pakistan, the Democratic People's Republic of Korea and presumably Israel—have 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.

Ad 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."

 

 

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