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Annex to Resolution on Measures Against International Terrorism Approved by the Eighth Congress Definition It would be useful to identify behavior that the international community regards as unacceptable and that requires the application of effective preventive and repressive measures consistent with international law, although to date the international community has been unable to arrive at a universally agreed meaning of what is included in the term "international terrorism". Identification of the problems Existing international norms may not be sufficient to control terrorist violence. Among the issues of concern are: State policies and practices that may be considered a violation of international treaty obligations; the absence of specific norms on State responsibility to carryout international obligations; abuse of diplomatic immunity; the absence of norms concerning acts of States not prohibited by international law; the absence of international regulation and control of traffic in arms; the inadequacy of international mechanisms for the peaceful resolution of conflicts and protection of human rights; the lack of universal acceptance of the principle of aut dedere aut iudicare; and the shortcoming of international cooperation in preventing and controlling terrorist violence. International cooperation for the effective and uniform prevention and control of terrorism Effective measures to be developed include: cooperation between law enforcement agencies, prosecutors and the judiciary; integration of the various agencies responsible for law enforcement and criminal justice; inter-State cooperation in penal matters; education and training of law enforcement personnel; and educational and public awareness programmes through the mass media. Jurisdiction Greater uniformity in the laws and practices of States concerning criminal jurisdiction should be encouraged, while over-extension of national jurisdiction is avoided to prevent legal conflicts between States. Jurisdictional priorities should give territoriality the first priority. Extradition States should develop and implement effective international extradition treaties. The political offense exception should not be a bar to extradition for crimes of terrorist violence, except when the requested State submits the case to its competent authorities for prosecution or transfers the case to another State for prosecution. Mutual assistance and cooperation Prevention and control of terrorist violence depends on mutual cooperation between States in securing evidence for prosecution or extradition of the offenders. States should also lend each other assistance in penal matters. Non-applicability of defense Defense based on obedience to superior orders or acts of State should not apply with respect to persons who have violated international conventions against terrorist violence. Conduct of States Terrorist violence supported, carried out or acquiesced to by States should be more effectively curbed by the international community, and the United Nations should develop mechanisms for the control of such conduct. Targets of vulnerability The feasibility of an international convention to protect targets that are particularly vulnerable, the destruction of which would cause great harm to populations or society, such as hydroelectric or nuclear facilities, should be studied. Control of weapons, ammunition and explosives States should develop national legislation for the control of weapons, ammunition and explosives that may be used for terrorist purposes. International regulations on the transfer, import, export and storage of such should be harmonized. Protection of the judiciary and of criminal justice personnel States should adopt measures to protect the judiciary, criminal justice personnel, jurors and lawyers involved in trials of terrorism cases. Protection of victims States should establish measures for the protection, assistance and relief of victims of terrorism. Protection of witnesses States should adopt measures to protect witnesses of terrorist acts. Treatment of offenders States should diminish existing disparities in the sentencing of terrorist offenders. Persons charged with or convicted of terrorist, offenses must be treated without discrimination and in accord with internationally recognized human rights standards. Role of the mass media States and the mass media should consider guidelines to control the following: sensationalizing and justifying terrorist violence; disseminating strategic information on potential targets; and disseminating tactical information while terrorist acts are taking place. These guidelines are in no way intended to restrict the basic human right of freedom of speech or to encourage interference in the domestic affairs of other States. Codification of international criminal law and creation of an international criminal court The International Law Commission should be encouraged to continue to explore the possibility of an international criminal court or some other international mechanism to have jurisdiction over persons who have committed offenses, including those connected with terrorism or illicit trafficking in drugs. States could also explore the possibility of separate international criminal courts of regional or subregional jurisdiction in which grave international crimes could be brought to trial and the incorporation of such courts within the United Nations system. Enhancing the effectiveness of international cooperation States that are signatories to international conventions prohibiting terrorist violence are urged to ratify those conventions and enforce their provisions, and States that are not signatories are urged to ratify and enforce those conventions. The central role of the United Nations, its Crime Prevention and Criminal Justice Branch and the Centre for Social Development and Humanitarian Affairs of the United Nations Office at Vienna should be strengthened in order to preserve peace, strengthen the world order and fight against crime under the rule of law. Index | |||||
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