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Terrorism, in its broadest sense, is the use of intentional violence and fear to achieve political or ideological aims. The term is used in this regard primarily to refer to intentional violence during peacetime or in the context of war against non-combatants. There are various different definitions of terrorism, with no universal agreement about it.
The Vienna Convention on the Law of Treaties (VCLT) is an international agreement that regulates treaties among sovereign states.
There is no consensus, scholarly or legal, on the definition of terrorism.
United Nations Security Council Resolution 1373, adopted unanimously on 28 September 2001, is a counterterrorism measure passed following the 11 September terrorist attacks on the United States. The resolution was adopted under Chapter VII of the United Nations Charter, and is therefore binding on all UN member states.
The doctrine and rules of state immunity concern the protection which a state is given from being sued in the courts of other states. The rules relate to legal proceedings in the courts of another state, not in a state's own courts. The rules developed at a time when it was thought to be an infringement of a state's sovereignty to bring proceedings against it or its officials in a foreign country.
The Vienna Convention on Consular Relations is an international treaty that defines a framework for consular relations between sovereign states. It codifies many consular practices that originated from state custom and various bilateral agreements between states.
Anti-terrorism legislation are laws with the purpose of fighting terrorism. They usually, if not always, follow specific bombings or assassinations. Anti-terrorism legislation usually includes specific amendments allowing the state to bypass its own legislation when fighting terrorism-related crimes, under alleged grounds of necessity.
The Comprehensive Convention on International Terrorism (CCIT) is a proposed treaty which intends to criminalize all forms of international terrorism and deny terrorists, their financiers and supporters access to funds, arms, and safe havens.
The United Nations General Assembly Sixth Committee is one of six main committees of the General Assembly of the United Nations. It deals primarily with legal matters and is the primary forum for the consideration of international law and other legal matters concerning the United Nations.
The Protocol Relating to the Status of Refugees is a key treaty in international refugee law. It entered into force on 4 October 1967, and 146 countries are parties.
The Terrorism Suppression Act 2002 is New Zealand counter-terrorism legislation passed under the Clark-led Labour government. Enacted following the September 11 attacks in the United States, the Act was designed to better address contemporary terrorism issues, both domestically and abroad. Until May 2019, the Act had not been formally used in a prosecution; however there were several failed attempts by the Crown to do so. Many individuals and organisations have however been designated as "Terrorist entities" under the Act's provisions, in line with UN Security Council designations. The Act was amended in 2007. In May 2019, a charge of engaging in a terrorist act was laid against Brenton Tarrant, the perpetrator of the Christchurch mosque attacks, under section 6A of the Act.
In law, the principle of aut dedere aut judicare refers to the legal obligation of states under public international law to prosecute persons who commit serious international crimes where no other state has requested extradition. However, the Lockerbie case demonstrated that the requirement to extradite or prosecute is not a rule of customary international law. The obligation arises regardless of the extraterritorial nature of the crime and regardless of the fact that the perpetrator and victim may be of alien nationality. It is generally included as part of international treaties dealing with an array of transnational crimes to facilitate bringing perpetrators to justice.
The Global Initiative to Combat Nuclear Terrorism (GICNT) is an international organization consisting of 89 countries that have endorsed a set of nuclear security principles for nuclear terrorism deterrence, prevention, detection, and response. It is co-chaired by the United States and Russia. The organization aims to develop partnership capacity to combat nuclear terrorism, consistent with national legal authorities and obligations as well as relevant international legal frameworks such as the Convention for the Suppression of Acts of Nuclear Terrorism, the Convention on the Physical Protection of Nuclear Material, and United Nations Security Council Resolutions 1373 and 1540.
The Nuclear Terrorism Convention is a 2005 United Nations treaty designed to criminalize acts of nuclear terrorism and to promote police and judicial cooperation to prevent, investigate and punish those acts. As of January 2024, the convention has 115 signatories and 124 state parties, including the nuclear powers China, France, India, Russia, the United Kingdom, and the United States. Most recently, Zimbabwe ratified the convention on September 28, 2023.
The Terrorist Financing Convention is a 1999 United Nations treaty designed to criminalize acts of financing acts of terrorism. The convention also seeks to promote police and judicial co-operation to prevent, investigate and punish the financing of such acts. As of October 2018, the treaty has been ratified by 188 states; in terms of universality, it is therefore one of the most successful anti-terrorism treaties in history.
United Nations Security Council resolution 1189 was adopted unanimously on 13 August 1998. In the resolution, after expressing its deep disturbance at the bombings in Nairobi, Kenya, and Dar es Salaam, Tanzania, on 7 August 1998, the Council strongly condemned the terrorist attacks and called on countries to adopt measures to prevent further incidents.
United Nations Security Council resolution 1450, adopted on 13 December 2002, after reaffirming the principles of the United Nations Charter and resolutions 1189 (1998), 1269 (1999), 1368 (2001) and 1373 (2001), the Council condemned the attacks on Israeli targets in Kikambala and Mombasa, Kenya on 28 November 2002.
United Nations Security Council resolution 1624, adopted unanimously at the 2005 World Summit on 14 September 2005, after reaffirming previous resolutions on terrorism, including resolutions 1267 (1999), 1373 (2001), 1535 (2004), 1540 (2004), 1566 (2004) and 1617 (2005), the Council called on all states to co-operate in order to strengthen the security of their international borders by enhancing terrorist screening and passenger security procedures.
Amrith Rohan Perera, PC is a Sri Lankan lawyer and diplomat, and former Permanent Representative of Sri Lanka to the United Nations since April 2015. He was a former legal adviser to the Ministry of Foreign Affairs and Chairman of the United Nations Ad Hoc Committee on Comprehensive Convention on International Terrorism. He is a current member of the International Law Commission Perera has also served as a member of the Lessons Learnt and Reconciliation Commission and adviser to the All Party Representatives Committee.
The law of extradition in the Republic of Ireland includes legislation and case law, and gives effect to treaties.
References
- ASIL, Conventions on the Suppression of Terrorist Bombings and on Financing, 96 American Journal of International Law, 255–258.(2002)
- C.F. Diaz-Paniagua, Negotiating terrorism: The negotiation dynamics of four UN counter-terrorism treaties, 1997–2005 [ permanent dead link ], City University of New York (2008).
- Giuseppe Nesi, ed., International Cooperation in Counter-terrorism: the United Nations and regional organisations in the fight against terrorism. Aldershort, UK, and Burlington, VT: Ashgate Publishing Co., (2005).
- Ben Saul, Defining Terrorism in International Law (Oxford: Oxford University Press, 2006)
- Samuel M., Witten, The International Convention for the Suppression of Terrorist Bombings, 92 American Journal of International Law 774 – 781 (1998).
- Introductory note by Pierre Klein, procedural history note and audiovisual material on the International Convention for the Suppression of Terrorist Bombings in the Historic Archives of the United Nations Audiovisual Library of International Law