International Law Documents Relating To Terrorism

Omer Elagab, Jeehaan Elagab

• Publisher: Routledge-Cavendish
• Year: 2007
• ISBN:
  9781135327125
• Edition: 3
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

Since 9/11, terrorism has been at the forefront of global politics and international relations. This new edition has been thoroughly updated and provides a comprehensive compilation of international law documents relating to terrorism.

Covering the main instruments passed by the United Nations, regional organizations and the State practice of theUS and the UK on the issue of combating terrorism in one handy volume, itcovers the most recent instruments in the field of combating terrorism, such as:

• the International Convention for the Suppression of the Financing of Terrorism
• the Financial Action Task Force Revised Forty Recommendations on Money Laundering
• the Special Recommendations on Money Laundering
• the Special Recommendations on Terrorist Financing.

The collection is introduced by the authors with an explanation of the salient issues relating to terrorism and proposals on how it can be combated.

International Law Documents Relating to Terrorism provides, in a single text, all the basic documents in international law relating to terrorism, paying particular attention to the Lockerbie bombing case and the developments since 9/11.

1

ACTION BY THE UNITED NATIONS SECURITY COUNCIL

1. UN Security Council Resolution 1618 (2005)

Threats to international peace and security caused by terrorist acts

ADOPTED BY THE SECURITY COUNCIL AT ITS 5246TH MEETING, ON 4 AUGUST 2005

The Security Council,

Reaffirming all its previous relevant resolutions on Iraq, in particular resolution 1546 (2004) of 8 June 2004,

Reaffirming its unwavering support for the Iraqi people in their political transition, as outlined in resolution 1546 (2004), further reaffirming Iraq’s independence, sovereignty, unity and territorial integrity and calling upon the international community to stand by the Iraqi people in their pursuit of peace, stability and democracy,

Reaffirming also the purposes and principles of the Charter of the United Nations and its relevant resolutions, in particular its resolutions 1373 (2001) of 28 September 2001, 1566 (2004) of 8 October 2004, and 1267 (1999) of 25 October 1999 and subsequent resolutions,

Reaffirming the need to combat by all means, in accordance with the Charter of the United Nations, threats to international peace and security caused by terrorist acts,

Commending the courage of the Iraqi people who are working bravely in support of the political and economic transition currently taking place in spite of the grave threat of terrorism,

Welcoming the active steps undertaken by the Government of Iraq towards achieving national dialogue and unity and encouraging continuation of these efforts,

1. Condemns without reservation and in the strongest terms the terrorist attacks that have taken place in Iraq, and regards any act of terrorism as a threat to peace and security;

2. Takes note particularly of the shameless and horrific attacks in recent weeks which have resulted in over one hundred deaths, including thirty-two children, employees of the Independent Electoral Commission of Iraq, and a member and an expert adviser of the Commission charged with drafting a permanent constitution for a new, democratic Iraq, Mijbil Sheikh Isa and Dhamin Hussin Ubaidi;

3. Further notes with great concern that attacks on foreign diplomats in Iraq have increased in number, and have resulted in the murder or kidnapping of such diplomats;

4. Expresses its deepest sympathy and condolences to the victims of these terrorist attacks and their families, and to the people and Government of Iraq;

5. Affirms that acts of terrorism must not be allowed to disrupt Iraq’s political and economic transition currently taking place, including the constitutional drafting process and its referendum, outlined in resolution 1546 (2004);

6. Reaffirms the obligations of Member States under resolutions 1373 (2001) of 28 September 2001, 1267 (1999) of 15 October 1999, 1333 (2000) of 19 December 2000, 1390 (2002) of 16 January 2002, 1455 (2003) of 17 January 2003, 1526 (2004) of 30 January 2004, and 1617 (2005) of 29 July 2005 and other relevant international obligations with respect, inter alia, to terrorist activities in and from Iraq or against its citizens, and specifically strongly urges Member States to prevent the transit of terrorists to and from Iraq, arms for terrorists, and financing that would support terrorists, and re-emphasizes the importance of strengthening the cooperation of the countries in the region, particularly neighbours of Iraq, in this regard;

7. Urges all States, in accordance with their obligations under resolution 1373 (2001), to cooperate actively in efforts to find and bring to justice the perpetrators, organizers and sponsors of these barbaric acts;

8. Expresses its utmost determination to combat terrorism, in accordance with its responsibilities under the Charter of the United Nations;

9. Calls on the international community to support fully the Government of Iraq in exercising its responsibilities to provide protection to the diplomatic community, United Nations staff and other foreign civilian personnel working in Iraq;

10. Decides to remain seized of the matter.

2. UN Security Council Resolution 1617 (2005)

Threats to international peace and security caused by terrorist acts

ADOPTED BY THE SECURITY COUNCIL AT ITS 5244TH MEETING, ON 29 JULY 2005

The Security Council,

Recalling its resolutions 1267 (1999) of 15 October 1999, 1333 (2000) of 19 December 2000, 1363 (2001) of 30 July 2001, 1373 (2001) of 28 September 2001, 1390 (2002) of 16 January 2002, 1452 (2002) of 20 December 2002, 1455 (2003) of 17 January 2003, 1526 (2004) of 30 January 2004 and 1566 (2004) of 8 October 2004, and the relevant statements of its President,

Reaffirming that terrorism in all its forms and manifestations constitutes one of the most serious threats to peace and security and that any acts of terrorism are criminal and unjustifiable regardless of their motivations, whenever and by whomsoever committed; and reiterating its unequivocal condemnation of Al-Qaida, Usama bin Laden, the Taliban—and associated individuals, groups, undertakings and entities—for ongoing and multiple criminal terrorist acts aimed at causing the death of innocent civilians and other victims, destruction of property and greatly undermining stability,

Expressing its concern over the use of various media, including the Internet, by Al-Qaida, Usama bin Laden, and the Taliban, and their associates, including for terrorist propaganda and inciting terrorist violence, and urging the working group established pursuant to resolution 1566 (2004) to consider these issues,

Reaffirming the need to combat by all means, in accordance with the Charter of the United Nations and international law, threats to international peace and security caused by terrorist acts, stressing in this regard the important role the United Nations plays in leading and coordinating this effort,

Emphasizing the obligation placed upon all Member States to implement, in full, resolution 1373 (2001), including with regard to the Taliban or Al-Qaida, and any individuals, groups, undertakings or entities associated with Al-Qaida, Usama bin Laden or the Taliban, who have participated in financing, planning, facilitating, recruiting for, preparing, perpetrating, or otherwise supporting terrorist activities or acts, as well as to facilitate the implementation of counter-terrorism obligations in accordance with relevant Security Council resolutions,

Stressing the importance of clarifying which individuals, groups, undertakings and entities are subject to listing in light of information regarding the changing nature of, and threat from, Al-Qaida, particularly as reported by the Analytical Support and Sanctions Monitoring Team (‘Monitoring Team’),

Underscoring the importance of Member State designations pursuant to relevant resolutions and robust implementation of existing measures as a significant preventive measure in combating terrorist activity,

Noting that, in giving effect to the measures in paragraph 4 (b) of resolution 1267 (1999), paragraph 8 (c) of resolution 1333 (2000) and paragraphs 1 and 2 of resolution 1390 (2002), full account is to be taken of the provisions of paragraphs 1 and 2 of resolution 1452 (2002),

Welcoming the efforts of the International Civil Aviation Organization to prevent travel documents from being made available to terrorists and their associates,

Encouraging Member States to work in the framework of Interpol, in particular through the use of the Interpol database of stolen and lost travel documents, to reinforce the implementation of the measures against Al-Qaida, Usama bin Laden, and the Taliban, and their associates,

Expressing its concern over the possible use by Al-Qaida, Usama bin Laden, or the Taliban, and their associates of Man-Portable Air Defence Systems (MANPADS), commercially available explosives and chemical, biological, radiation or nuclear weapons and material, and encouraging Member States to consider possible action to reduce these threats,

Urging all States, international bodies, and regional organizations to allocate sufficient resources, including through international partnership, to meet the ongoing and direct threat posed by Al-Qaida, Usama bin Laden and the Taliban, and individuals, groups, undertakings and entities associated with them,

Stressing the importance of meeting the ongoing threat that Al-Qaida, Usama bin Laden and the Taliban, and individuals, groups, undertakings and entities associated with them represent to international peace and security,

Acting under Chapter VII of the Charter of the United Nations,

1. Decides that all States shall take the measures as previously imposed by paragraph 4 (b) of resolution 1267 (1999), paragraph 8 (c) of resolution 1333 (2000), and paragraphs 1 and 2 of resolution 1390 (2002) with respect to Al-Qaida, Usama bin Laden, and the Taliban and other individuals, groups, undertakings and entities associated with them, as referred to in the list created pursuant to resolutions 1267 (1999) and 1333 (2000) (the ‘Consolidated List’):

(a) Freeze without delay the funds and other financial assets or economic resources of these individuals, groups, undertakings and entities, including funds derived from property owned or controlled, directly or indirectly, by them or by persons acting on their behalf or at their direction, and ensure that neither these nor any other funds, financial assets or economic resources are made available, directly or indirectly, for such persons’ benefit, by their nationals or by any persons within their territory;

(b) Prevent the entry into or the transit through their territories of these individuals, provided that nothing in this paragraph shall oblige any State to deny entry or require the departure from its territories of its own nationals and this paragraph shall not apply where entry or transit is necessary for the fulfilment of a judicial process or the Committee established pursuant to resolution 1267 (1999) (‘the Committee’) determines on a case-by-case basis only that entry or transit is justified;

(c) Prevent the direct or indirect supply, sale or transfer, to these individuals, groups, undertakings and entities from their territories or by their nationals outside their territories, or using their flag vessels or aircraft, of arms and related material of all types including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned and technical advice, assistance, or training related to military activities;

2. Further decides that acts or activities indicating that an individual, group, undertaking, or entity is ‘associated with’ Al-Qaida, Usama bin Laden or the Taliban include:

— participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of;

— supplying, selling or transferring arms and related material to;

— recruiting for; or

— otherwise supporting acts or activities of;

Al-Qaida, Usama bin Laden or the Taliban, or any cell, affiliate, splinter group or derivative thereof;

3. Further decides that any undertaking or entity owned or controlled, directly or indirectly, by, or otherwise supporting, such an individual, group, undertaking or entity associated with Al-Qaida, Usama bin Laden or the Taliban shall be eligible for designation;

4. Decides that, when proposing names for the Consolidated List, States shall act in accordance with paragraph 17 of resolution 1526 (2004) and henceforth also shall provide to the Committee a statement of case describing the basis of the proposal; and further encourages States to identify any undertakings and entities owned or controlled, directly or indirectly, by the proposed subject;

5. Requests relevant States to inform, to the extent p...