MODEL UNITED NATIONS CHANGE THE WORLD E M I R A T E S CONFERENCE BACKGROUND GUIDE United Nations Security Council Cyber Terrorism
Dear Delegates, Welcome to the 2018 Change The World Model United Nations Emirates Conference. We are pleased to welcome you to the Security Council High School. The topic under discussion for this Committee is: I. Cyber Terrorism The Security Council works to ensure international peace and find solutions to any challenges to the international security regime. In order to simulate the committee accurately, it will be key for delegates to emulate the normative and best-practice setting approaches of the Security Council, as opposed to operational work. This Background Guide serves as an introduction to the topic for this Committee. However, it is not intended to replace individual research. We encourage you to explore your Member State s policies in depth and use the Annotated Bibliography to further your knowledge on this topic. This document thus serves as an essential instrument in preparing for the Conference and as a reference during the committee sessions, especially during the caucus for writing your future working paper. We wish you all the best in your preparation and look forward to seeing you at the Conference. Sincerely, Your Director 2
Security Council High School Under the Charter, the Security Council has primary responsibility for the maintenance of international peace and security. It has 15 Members, and each Member has one vote. Under the Charter, all Member States are obligated to comply with Council decisions. The Security Council takes the lead in determining the existence of a threat to the peace or act of aggression. It calls upon the parties to a dispute to settle it by peaceful means and recommends methods of adjustment or terms of settlement. In some cases, the Security Council can resort to imposing sanctions or even authorize the use of force to maintain or restore international peace and security. The Security Council held its first session on 17 January 1946 at Church House, Westminster, London. Since its first meeting, the Security Council has taken permanent residence at the United Nations Headquarters in New York City. It also travelled to many cities, holding sessions in Addis Ababa, Ethiopia, in 1972, in Panama City, Panama, and in Geneva, Switzerland, in 1990. A representative of each of its members must be present at all times at UN Headquarters so that the Security Council can meet at any time as the need arises. The Security Council has 15 seats, filled by five permanent members and ten non-permanent members. Each year, half of the non-permanent members are elected for two-year terms. A sitting member may not immediately run for re-election. In accordance with the rules whereby the ten nonpermanent United Nations Security Council (UNSC) seats rotate among the various regional blocs into which United Nations member states traditionally divide themselves for voting and representation purposes, the five now available seats are allocated as follows: -Two for African countries, one of which being the "Arab Swing Seat" (held by Cote d Ivoire and Equatorial Guinea); -One for the Asian Group (now the Asia-Pacific Group) (held by Kuwait); -One for Latin America and Caribbean (held by Peru); -One for the Eastern European Group (held by Poland). To be elected, a candidate must receive a two-thirds majority of those present and voting. If the vote is inconclusive after the first round, three rounds of restricted voting shall take place, followed by three rounds of unrestricted voting, and so on, until a result has been obtained. In restricted voting, 3
only official candidates may be voted on, while in unrestricted voting, any member of the given regional group, with the exception of current Council members, may be voted on. One of the most prominent procedural issues in the realm of the Security Council is the admission of new members: The admission of States to the United Nations will be effected by a decision of the General Assembly following the recommendation of the Security Council. 1 Security Council shall adopt its own rules of procedure, and in 1946 the Council adopted its Provisional Rules of Procedure (S/96). 2 Subsequently the Provisional Rules of Procedure were modified on several occasions; the last revision was made in 1982 (S/96/Rev.7) in order to add Arabic as the sixth official language, in conformity with General Assembly resolution 35/219 of 17 December 1980. According to the Charter, the United Nations has four purposes: 1. To maintain international peace and security; 2. To develop friendly relations among nations; 3. To cooperate in solving international problems and in promoting respect for human rights; 4. To be a centre for harmonizing the actions of nations. All members of the United Nations agree to accept and carry out the decisions of the Security Council. While other organs of the United Nations make recommendations to member states, only the Security Council has the power to make decisions that member states are then obligated to implement under the Charter. When a complaint concerning a threat to peace is brought before it, the Council s first action is usually to recommend that the parties try to reach agreement by peaceful means. The Council may: -set forth principles for such an agreement; -undertake investigation and mediation, in some cases; -dispatch a mission; -appoint special envoys or request the Secretary-General to use his good offices to achieve a pacific settlement of the dispute. When a dispute leads to hostilities, the Council s primary concern is to bring them to an end as soon as possible. In that case, the Council may: -issue ceasefire directives that can help prevent an escalation of the conflict; -dispatch military observers or a peacekeeping force to help reduce tensions, separate opposing forces and establish a calm in which peaceful settlements may be sought. Beyond this, the Council may opt for enforcement measures, including: -economic sanctions, arms embargoes, financial penalties and restrictions, and travel bans; -severance of diplomatic relations; -blockade or even collective military action. A chief concern is to focus action on those responsible for the policies or practices condemned by the international community, while minimizing the impact of the measures taken on other parts of the population and economy. 1 Article 4, paragraph 2 of the Charter of the United Nations. 2 Article 30 of the UN Charter. 4
Cyber Terrorism Providing a concrete definition for cyberterrorism can be challenging, due to the difficulty of defining the term terrorism itself. However, a simple way of understanding cyberterrorism involves the idea of conduct that could cause violence, worldwide economic chaos, and environmental damage by hacking into critical infrastructure systems. 3 Another definition describes cyber terrorism as "the premeditated use of disruptive activities, or the threat thereof, against computers and/or networks, with the intention to cause harm or further social, ideological, religious, political or similar objectives. Or to intimidate any person in furtherance of such objectives. 4 Cyberterrorism includes the use of computer or internet technology: 1. motivated by a political, religious or ideological cause 2. intended to intimidate a government or a section of the public 3. seriously interferes with infrastructure 3 Hardy, Keiran, and George Williams. "What is 'cyberterrorism'? Computer and internet technology in legal definitions of terrorism". Cyberterrorism. Springer New York, 2014. 1 23. 4 White, Kenneth C. (1998). Cyber-terrorism: Modern mayhem. U.S. Army War College. Retrieved 13 March 2015. 5
Despite controversy around the term "cyber terrorism" exists, there are limits to its uses and applications. For example, an attack on an online business, if motivated by economic rather than ideological reasons, is usually regarded as cyber crime, and not as cyber terrorism. The term first appeared in defense literature in 1998, in reports by the U.S. Army War, which mention the use of information technology by terrorist groups and individuals to further their agenda. This can include use of information technology to organize and execute attacks against networks, computer systems and telecommunications infrastructures, or for exchanging information or making threats electronically. Examples are hacking into computer systems, introducing viruses to vulnerable networks, web site defacing, Denial-of-service attacks, or terroristic threats made via electronic communication. 5 Finally, NATO defines cyber terrorism as "cyberattack using or exploiting computer or communication networks to cause sufficient destruction or disruption to generate fear or to intimidate a society into an ideological goal". 6 5 Cyberterrorism National Conference of State Legislatures. 6 Centre of Excellence Defence Against Terrorism, ed. (2008). Responses to Cyber Terrorism. NATO science for peace and security series. Sub-series E: Human and societal dynamics, ISSN 1874-6276. 34. Amsterdam: IOS Press. p. 119. 6
The United Nations and Cyber Terrorism While the internet offers a wide array of benefits and resources, online technologies may also be used to facilitate communication within terrorist organizations and to transmit information for planned acts of terrorism. Terrorist organizations and their supporters increasingly employ the internet for a vast range of purposes, including recruitment, financing, propaganda, training, as well as gathering and disseminating information for terrorist purposes. In light of these key issues, the United Nations tries to deliver actively counter-terrorism legal and technical assistance. The United Nations has an agency that specialises in cyber terrorism, the International Telecommunications Union (ITU). The ITU is responsible for issues that concern information and communication technologies and it coordinates the shared global use of the radio spectrum, satellite orbits, telecommunication infrastructure, and worldwide technical standards. This agency is active in areas such as internet access, wireless technologies, maritime and aeronautical navigation, radio astronomy, satellite-based meteorology, convergence in fixed-mobile phone, and TV broadcasting. The ITU also organises worldwide exhibitions and forums, such as ITU Telecom World, bringing together representatives of government, telecommunications, and technology industry to exchange ideas and share knowledge. ITU was formed in 1865, in Paris, France, and it is currently based in Geneva, Switzerland. It is a member of the United Nations Development Group, and has 12 regional and area offices in the world. ITU includes 193 Member States and around 800 public and private sector companies, academic institutions, as well as international telecommunication entities, known as Sector Members and Associates. Moreover, within the Counter-Terrorism Implementation Task Force, the Working Group on Countering the Use of the Internet for Terrorist Purposes aims at coordinating the activities of the United Nations system in support of the United Nations Global Counter-Terrorism Strategy, adopted by the General Assembly in its resolution 60/288. Member States resolved to coordinate efforts to counter terrorism in all its forms and manifestations on the internet and use online technologies as tools for countering the spread of terrorism, while recognizing that States may require assistance in this regard. Since 2010, the Task Force has initiated a series of conferences involving representatives from governments, international organizations, scholars, and the private sector to evaluate the use of the internet for terrorist purposes and potential means to counter such use. Among the most important conferences convened to discuss these topics, it is worth mentioning two expert group meetings held in Vienna, in October 2011 and February 2012, to provide a forum for counter-terrorism practitioners from different Member States. Experts from a total of 25 Member States participated in these meetings, including senior prosecutors, law enforcement officers, academics, and representatives from several intergovernmental organizations, with the goal of providing practical guidance, as well as more effective investigation and prosecution means for terrorist cases involving the use of the internet. Since the terrorist use of the internet should be addressed via a multi-disciplinary approach involving experts in counter-terrorism, technology, law, 7
public policy, law enforcement, and human rights, the Working Group has identified three main themes for discussion: legal issues, technical issues, and ways to use the internet more effectively to counter terrorism. The legal aspects of cyber terrorism and counter-terrorism were the subject of discussion during a conference hosted at the German Foreign Ministry (Auswärtiges Amt) in Berlin in January 2010. The challenges presented by cyber terrorism differ dramatically from those identified in the fight against more traditional terrorist activity. The huge amount of internet-based services and network technology might represent, if misused, an infinite repertoire of resources available for disruptive conduct, from the availability of instructions on how to commit terrorist acts to the use of encryption technology in terrorist communications. In response to these phenomena, there has been a wide range of legal solutions and procedural instruments, varying accordingly to different countries and contexts. These legal responses can be grouped into three main trends: 1. applying existing cybercrime legislation to terrorist use of the internet; 2. employing existing counter-terrorism legislation to internet-related acts; 3. enacting specific legislation on terrorist use of the internet; Because these issues cannot be addressed, nor resolved solely by relying on legal solutions, the Working Group held a second workshop of international experts in Redmond, Washington (USA) in February 2010. In order to guarantee a more comprehensive approach to countering the use of the internet for terrorist purposes, any effective intervention must include a solid understanding and appreciation of the technical aspects of information and communications technology (ICT). In fact, while on the one hand terrorist groups exploit more and more technological tools and social media communities for propaganda, fundraising, recruitment, etc., on the other hand such online resources also make them more vulnerable to government scrutiny, identification, and tracking. Recent technology allows authorities, researchers, and non-governmental organizations to detect and monitor potential or suspected cyber-threats. Technology alone is not enough to fight cyber terrorism, nor are legal measures sufficient to combat against terrorist use of the internet. For these reasons, it is fundamental for technical approaches to be embedded within appropriate legislative frameworks and, vice versa, legal strategies should 8
always be part of broader public policies that recognize and support the important role of technology. At the same time, the cooperation between private and public sectors is essential because most of the technical infrastructure used by terrorist groups to plan, promote, or support their activities are partially or completely owned by private entities. Finally, it is fundamental to acknowledge the importance of technology, not just in the identification of and response to cyber terrorism, but also in countering the narratives of terrorist groups that operate via online networks and resources. Final Remarks Cyber terrorism is a rapidly growing phenomenon, requiring a proactive and coordinated response from Member States. The use of internet technology to further terrorist purposes disregards national borders, amplifying the potential impact on victims. In order to respond to this unique challenge, the UN should promote a better understanding of the ways in which communication technologies may be misused in furtherance of acts of terrorism, and increase collaboration among Member States, so that effective criminal justice responses to this transnational challenge can be developed. 7 The Internet is a prime example of how terrorists can behave in a truly transnational way; in response, States need to think and function in an equally transnational manner. 8 1. How could the country you represent use the internet to prevent and counter cyber terrorism? 2. How can countries reconcile the need for strong internet security and the respect of individual rights and privacy? 7 Yury Fedotov, Executive Director, United Nations Office on Drugs and Crime. 8 Ban Ki-moon - Secretary-General of the United Nations (2007-2016). 9
Annotated Bibliography Historical Background of the Security Council Security Council of the United Nations. http://www.un.org/en/sc/ United Nations: Peace and Security. http://www.un.org/en/peace/index.shtml These are quick references and documents about the Security Council and each Committee of the United Nations. United Nations Charter. http://www.un.org/en/charter-united-nations/index.html Universal Declaration of Human Rights. http://www.un.org/en/universal-declaration-human-rights/index.html Repertoire. http://www.un.org/en/sc/repertoire/ Cyber Terrorism Counter-Terrorism Implementation Task Force (CTITF) Working Group Compendium Countering the Use of the Internet for Terrorist Purposes Legal and Technical Aspects United Nation Office on Drugs and Crime The use of the Internet for terrorist purposes www.un.org/terrorism/internet Unabridged version of the CTITF report on legal aspects related to the use of the internet for terrorist purposes Social media giants meet at UN to address online terrorism Video article https://www.techagainstterrorism.org/ Tech Against Terrorism homepage, implemented by ICT4Peace pursuant to the United Nations Security Council resolution 2354 (2017) and the UN Counter-Terrorism Committee Comprehensive International Framework to Counter Terrorist Narratives (S/2017/375). 10