United Nations

A/RES/51/210


General Assembly

Distr. GENERAL  

16 January 1997

ORIGINAL:
ENGLISH



Fifty-first session
Agenda item 151


           RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

        [on the report of the Sixth Committee (A/51/631)]


          51/210. Measures to eliminate international
                  terrorism

     The General Assembly,

     Recalling its resolution 49/60 of 9 December 1994, by which it
adopted the Declaration on Measures to Eliminate International
Terrorism, and its resolution 50/53 of 11 December 1995,

     Recalling also the Declaration on the Occasion of the Fiftieth
Anniversary of the United Nations, 1/

     Guided by the purposes and principles of the Charter of the
United Nations,

     Deeply disturbed by the persistence of terrorist acts, which have
taken place worldwide,

     Stressing the need further to strengthen international
cooperation between States and between international organizations and
agencies, regional organizations and arrangements and the United
Nations in order to prevent, combat and eliminate terrorism in all its
forms and manifestations, wherever and by whomsoever committed,

     Mindful of the need to enhance the role of the United Nations and
the relevant specialized agencies in combating international
terrorism,

     Noting, in this context, all regional and international efforts
to combat international terrorism, including those of the Organization
of African Unity, the Organization of American States, the
Organization of the Islamic Conference, the South Asian Association
for Regional Cooperation, the European Union, the Council of Europe,
the Movement of Non-Aligned Countries and the countries of the group
of seven major industrialized countries and the Russian Federation,

     Taking note of the report of the Director-General of the United
Nations Educational, Scientific and Cultural Organization on
educational activities under the project entitled "Towards a culture
of peace", 2/

     Recalling that in the Declaration on Measures to Eliminate
International Terrorism the General Assembly encouraged States to
review urgently the scope of the existing international legal
provisions on the prevention, repression and elimination of terrorism
in all its forms and manifestations, with the aim of ensuring that
there was a comprehensive legal framework covering all aspects of the
matter,

     Bearing in mind the possibility of considering in the future the
elaboration of a comprehensive convention on international terrorism,

     Noting that terrorist attacks by means of bombs, explosives or
other incendiary or lethal devices have become increasingly
widespread, and stressing the need to supplement the existing legal
instruments in order to address specifically the problem of terrorist
attacks carried out by such means,

     Recognizing the need to enhance international cooperation to
prevent the use of nuclear materials for terrorist purposes and to
develop an appropriate legal instrument,

     Recognizing also the need to strengthen international cooperation
to prevent the use of chemical and biological materials for terrorist
purposes,

     Convinced of the need to implement effectively and supplement the
provisions of the Declaration on Measures to Eliminate International
Terrorism,

     Having examined the report of the Secretary-General, 3/

                                I

     1.   Strongly condemns all acts, methods and practices of
terrorism as criminal and unjustifiable, wherever and by whomsoever
committed;

     2.   Reiterates that criminal acts intended or calculated to
provoke a state of terror in the general public, a group of persons or
particular persons for political purposes are in any circumstance
unjustifiable, whatever the considerations of a political,
philosophical, ideological, racial, ethnic, religious or other nature
that may be invoked to justify them;

     3.   Calls upon all States to adopt further measures in
accordance with the relevant provisions of international law,
including international standards of human rights, to prevent
terrorism and to strengthen international cooperation in combating
terrorism and, to that end, to consider the adoption of measures such
as those contained in the official document adopted by the group of
seven major industrialized countries and the Russian Federation at the
Ministerial Conference on Terrorism, held in Paris on 30 July 1996, 4/
and the plan of action adopted by the Inter-American Specialized
Conference on Terrorism, held at Lima from 23 to 26 April 1996 under
the auspices of the Organization of American States, 5/ and in
particular calls upon all States:

     (a)  To recommend that relevant security officials undertake
consultations to improve the capability of Governments to prevent,
investigate and respond to terrorist attacks on public facilities, in
particular means of public transport, and to cooperate with other
Governments in this respect;

     (b)  To accelerate research and development regarding methods of
detection of explosives and other harmful substances that can cause
death or injury, undertake consultations on the development of
standards for marking explosives in order to identify their origin in
post-blast investigations, and promote cooperation and transfer of
technology, equipment and related materials, where appropriate;

     (c)  To note the risk of terrorists using electronic or wire
communications systems and networks to carry out criminal acts and the
need to find means, consistent with national law, to prevent such
criminality and to promote cooperation where appropriate;

     (d)  To investigate, when sufficient justification exists
according to national laws, and acting within their jurisdiction and
through appropriate channels of international cooperation, the abuse
of organizations, groups or associations, including those with
charitable, social or cultural goals, by terrorists who use them as a
cover for their own activities;

     (e)  To develop, if necessary, especially by entering into
bilateral and multilateral agreements and arrangements, mutual legal
assistance procedures aimed at facilitating and speeding
investigations and collecting evidence, as well as cooperation between
law enforcement agencies in order to detect and prevent terrorist
acts;

     (f)  To take steps to prevent and counteract, through appropriate
domestic measures, the financing of terrorists and terrorist
organizations, whether such financing is direct or indirect through
organizations which also have or claim to have charitable, social or
cultural goals or which are also engaged in unlawful activities such
as illicit arms trafficking, drug dealing and racketeering, including
the exploitation of persons for purposes of funding terrorist
activities, and in particular to consider, where appropriate, adopting
regulatory measures to prevent and counteract movements of funds
suspected to be intended for terrorist purposes without impeding in
any way the freedom of legitimate capital movements and to intensify
the exchange of information concerning international movements of such
funds;

     4.   Also calls upon all States, with the aim of enhancing the
efficient implementation of relevant legal instruments, to intensify,
as and where appropriate, the exchange of information on facts related
to terrorism and, in so doing, to avoid the dissemination of
inaccurate or unverified information;

     5.   Reiterates its call upon States to refrain from financing,
encouraging, providing training for or otherwise supporting terrorist
activities;

     6.   Urges all States that have not yet done so to consider, as a
matter of priority, becoming parties to the Convention on Offences and
Certain Other Acts Committed on Board Aircraft, 6/ signed at Tokyo on
14 September 1963, the Convention for the Suppression of Unlawful
Seizure of Aircraft, 7/ signed at The Hague on 16 December 1970, the
Convention for the Suppression of Unlawful Acts against the Safety of
Civil Aviation, 8/ concluded at Montreal on 23 September 1971, the
Convention on the Prevention and Punishment of Crimes against
Internationally Protected Persons, including Diplomatic Agents, 9/
adopted in New York on 14 December 1973, the International Convention
against the Taking of Hostages, 10/ adopted in New York on
17 December 1979, the Convention on the Physical Protection of Nuclear
Material, 11/ signed at Vienna on 3 March 1980, the Protocol for the
Suppression of Unlawful Acts of Violence at Airports Serving
International Civil Aviation, supplementary to the Convention for the
Suppression of Unlawful Acts against the Safety of Civil Aviation,
12/ signed at Montreal on 24 February 1988, the Convention for the
Suppression of Unlawful Acts against the Safety of Maritime
Navigation, 13/ done at Rome on 10 March 1988, the Protocol for the
Suppression of Unlawful Acts against the Safety of Fixed Platforms
located on the Continental Shelf, 14/ done at Rome on 10 March 1988,
and the Convention on the Marking of Plastic Explosives for the
Purpose of Detection, 15/ done at Montreal on 1 March 1991, and
calls upon all States to enact, as appropriate, domestic legislation
necessary to implement the provisions of those Conventions and
Protocols, to ensure that the jurisdiction of their courts enables
them to bring to trial the perpetrators of terrorist acts and to
provide support and assistance to other Governments for those
purposes;

                               II

     7.   Reaffirms the Declaration on Measures to Eliminate
International Terrorism contained in the annex to resolution 49/60;

     8.   Approves the Declaration to Supplement the 1994 Declaration
on Measures to Eliminate International Terrorism, the text of which is
annexed to the present resolution;

                               III

     9.   Decides to establish an Ad Hoc Committee, open to all States
Members of the United Nations or members of specialized agencies or of
the International Atomic Energy Agency, to elaborate an international
convention for the suppression of terrorist bombings and,
subsequently, an international convention for the suppression of acts
of nuclear terrorism, to supplement related existing international
instruments, and thereafter to address means of further developing a
comprehensive legal framework of conventions dealing with
international terrorism;

     10.  Decides also that the Ad Hoc Committee will meet from
24 February to 7 March 1997 to prepare the text of a draft
international convention for the suppression of terrorist bombings,
and recommends that work continue during the fifty-second session of
the General Assembly from 22 September to 3 October 1997 in the
framework of a working group of the Sixth Committee;

     11.  Requests the Secretary-General to provide the Ad Hoc
Committee with the necessary facilities for the performance of its
work;

     12.  Requests the Ad Hoc Committee to report to the General
Assembly at its fifty-second session on progress made towards the
elaboration of the draft convention;

     13.  Recommends that the Ad Hoc Committee be convened in 1998 to
continue its work as referred to in paragraph 9 above;

                               IV

     14.  Decides to include in the provisional agenda of its fifty-
second session the item entitled "Measures to eliminate international
terrorism".


                                             88th plenary meeting
                                                 17 December 1996


                              ANNEX

   Declaration to Supplement the 1994 Declaration on Measures
              to Eliminate International Terrorism

     The General Assembly,

     Guided by the purposes and principles of the Charter of the
United Nations,

     Recalling the Declaration on Measures to Eliminate International
Terrorism adopted by the General Assembly by its resolution 49/60 of
9 December 1994,

     Recalling also the Declaration on the Occasion of the Fiftieth
Anniversary of the United Nations, 1/

     Deeply disturbed by the worldwide persistence of acts of
international terrorism in all its forms and manifestations, including
those in which States are directly or indirectly involved, which
endanger or take innocent lives, have a deleterious effect on
international relations and may jeopardize the security of States,

     Underlining the importance of States developing extradition
agreements or arrangements as necessary in order to ensure that those
responsible for terrorist acts are brought to justice,

     Noting that the Convention relating to the Status of Refugees, 16/ done
at Geneva on 28 July 1951, does not provide a basis for the
protection of perpetrators of terrorist acts, noting also in this
context articles 1, 2, 32 and 33 of the Convention, and emphasizing in
this regard the need for States parties to ensure the proper
application of the Convention,

     Stressing the importance of full compliance by States with their
obligations under the provisions of the 1951 Convention 16/ and the 1967
Protocol relating to the Status of Refugees, 17/ including the
principle of non-refoulement of refugees to places where their life or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group or political
opinion, and affirming that the present Declaration does not affect
the protection afforded under the terms of the Convention and Protocol
and other provisions of international law,

     Recalling article 4 of the Declaration on Territorial Asylum
adopted by the General Assembly by its resolution 2312 (XXII) of
14 December 1967,

     Stressing the need further to strengthen international
cooperation between States in order to prevent, combat and eliminate
terrorism in all its forms and manifestations,

     Solemnly declares the following:

     1.   The States Members of the United Nations solemnly reaffirm
their unequivocal condemnation of all acts, methods and practices of
terrorism as criminal and unjustifiable, wherever and by whomsoever
committed, including those which jeopardize friendly relations among
States and peoples and threaten the territorial integrity and security
of States;

     2.   The States Members of the United Nations reaffirm that acts,
methods and practices of terrorism are contrary to the purposes and
principles of the United Nations; they declare that knowingly
financing, planning and inciting terrorist acts are also contrary to
the purposes and principles of the United Nations;

     3.   The States Members of the United Nations reaffirm that
States should take appropriate measures in conformity with the
relevant provisions of national and international law, including
international standards of human rights, before granting refugee
status, for the purpose of ensuring that the asylum-seeker has not
participated in terrorist acts, considering in this regard relevant
information as to whether the asylum-seeker is subject to
investigation for or is charged with or has been convicted of offences
connected with terrorism and, after granting refugee status, for the
purpose of ensuring that that status is not used for the purpose of
preparing or organizing terrorist acts intended to be committed
against other States or their citizens;

     4.   The States Members of the United Nations emphasize that
asylum-seekers who are awaiting the processing of their asylum
applications may not thereby avoid prosecution for terrorist acts;

     5.   The States Members of the United Nations reaffirm the
importance of ensuring effective cooperation between Member States so
that those who have participated in terrorist acts, including their
financing, planning or incitement, are brought to justice; they stress
their commitment, in conformity with the relevant provisions of
international law, including international standards of human rights,
to work together to prevent, combat and eliminate terrorism and to
take all appropriate steps under their domestic laws either to
extradite terrorists or to submit the cases to their competent
authorities for the purpose of prosecution;

     6.   In this context, and while recognizing the sovereign rights
of States in extradition matters, States are encouraged, when
concluding or applying extradition agreements, not to regard as
political offences excluded from the scope of those agreements
offences connected with terrorism which endanger or represent a
physical threat to the safety and security of persons, whatever the
motives which may be invoked to justify them;

     7.   States are also encouraged, even in the absence of a treaty,
to consider facilitating the extradition of persons suspected of
having committed terrorist acts, insofar as their national laws
permit;

     8.   The States Members of the United Nations emphasize the
importance of taking steps to share expertise and information about
terrorists, their movements, their support and their weapons and to
share information regarding the investigation and prosecution of
terrorist acts.


                              Notes

1/   See resolution 50/6.

2/   A/51/395, annex.

3/   A/51/336 and Add.1.

4/   A/51/261, annex.

5/   See A/51/336, para. 57.

6/   United Nations, Treaty Series, vol. 704, No. 10106.

7/   Ibid., vol. 860, No. 12325.

8/   Ibid., vol. 974, No. 14118.

9/   Ibid., vol. 1035, No. 15410.

10/  Resolution 34/146, annex.

11/  United Nations Treaty Series, vol. 1456, No. 24631.

12/  International Civil Aviation Organization, document DOC 9518.

13/  International Maritime Organization, document SUA/CONF/15/Rev.1.

14/  Ibid., document SUA/CONF/16/Rev.2.

15/  S/22393, annex I; see Official Records of the Security Council,
Forty-sixth year, Supplement for January, February and March 1991.

16/  United Nations, Treaty Series, vol. 189, No. 2545.

17/  Ibid., vol. 606, No. 8791.

 

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